United States - Section 211 Omnibus Appropriations Act of 1998

Report of the Appellate Body

On 8 July 1999, the European Communities requested consultations with the United States in respect of Section 211 of the US Omnibus Appropriations Act. The EC and its member States alleged as follows: - Section 211, which was signed into law on 21 October 1998, did not allow the registration or renewal in the United States of a trademark, if it was previously abandoned by a trademark owner whose business and assets have been confiscated under Cuban law. - This law provided that no US court shall recognize or enforce any assertion of such rights. - Section 211 US Omnibus Appropriations Act was not in conformity with the US’ obligations under the TRIPS Agreement, notably its Article 2 in conjunction with the Paris Convention, Article 3, Article 4, Articles 15 to 21, Article 41, Article 42 and Article 62

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