Documents Submitted to WTO Dispute Settlement Body
Dispute Settlement Body
(February 1st, 2001)
Delegation of Brazil
Brazil – Measures Affecting Patent Protection
Brazil disagrees with the decision by the United States to seek establishment of
a panel against Brazil on "Measures Affecting Patent Protection."
As I had stated in my intervention at the previous session of this Body, we had
hoped that the United States would give more emphasis to conversations with Brazil,
in order to understand more clearly the consistency of the Brazilian law on Industrial
Property with the TRIPs Agreement, rather than resort to litigation. We firmly believe
that the US has not given sufficiently careful consideration to the political implications
of its decision, nor has it examined the many technical aspects of the case.
I should recall that the TRIPs Agreement reflects a delicate balance that took developing countries to the limits of acceptability. This delicate balance was reflected, in the case of Brazil, in internal legislation which is fully consistent with the letter and the spirit of the Agreement. The United States is now seeking an interpretation of TRIPs that threatens to upset such balance.
Brazil is confident that a panel will only confirm that our legislation is fully
consistent with the TRIPs Agreement and that the US action amounts to a demand for
commitments which go beyond the Agreement through resort to dispute settlement procedures.
As I stated earlier, this is not only legally unfounded. It may prove politically disastrous.
Before I conclude, Mr. Chairman, let me recall that, under the item "Other Business,"
the Brazilian delegation will announce the request of consultations with the United States
concerning the US Patent Code.