Joint Communication Brazil - United States
June 25, 2001

In the spirit of the efforts of Brazil and the U.S. to find a mutually satisfactory solution to the dispute about the compatibility of Article 68 of Brazil's Industrial Property Law (Law 9.279/96) with the TRIPS Agreement, the two countries agreed on the following.

Without prejudice of the U.S. and Brazil's different interpretations of the consistency of Article 68 with the TRIPS Agreement, the U.S. Government will withdraw the WTO panel against Brazil concerning the issue, and the Brazilian Government will agree, in the event it deems necessary to apply Article 68 to grant compulsory license on patents held by U.S. companies, to hold prior talks on the matter with the U.S.. These talks would be held within the scope of the U.S.-Brazil Consultative Mechanism, in a special session scheduled to discuss the subject.

Brazil and the U.S. consider that this agreement is an important step towards greater cooperation between the two countries regarding our shared goals of fighting AIDS and protecting intellectual property rights.

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