RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/142
27 May 1999
(99-2132)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
COMMUNICATION FROM THE DELEGATION OF CUBA
The statement made by the delegation of Cuba at the meeting of the Council on 21 April 1999
is reproduced below.
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The delegation of Cuba wishes to refer to the response by the Permanent Mission of the
United States of America concerning Section 211 of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act for fiscal year 1999 (pp. 105-277), to which are annexed some other
provisions concerning the application of the blockade to Cuba.1  Unfortunately, this information does
not satisfy the expectations of Cuba since it in no way illustrates or comments upon the compatability
of Section 211 with the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS
Agreement").
We regret that, despite the fact that some five months have elapsed since our first formal
request to this Council on 2 December 19982 and the reiteration of our request on 17 February last,3
the United States has been able to contribute only the legal texts which, as is correctly stated in the
accompanying note, are available on the Internet.
In the light of that communication dated 15 April 1999, six months after the approval of
Section 211, the delegation of Cuba expresses its complete disagreement with the obvious contemptfor the obligations contracted by the United States of America as a Member of the World Trade
Organization and, in particular, its failure to comply  with the rules applicable to it under the TRIPS
Agreement by putting into effect, on 21 October 1998, Section 211 of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act for fiscal year 1999.
In view of the fact that the TRIPS Agreement does not admit of any reservation without the
consent of all Members and that, moreover, the exceptions provided for in its Article 73 are not
applicable to Section 211 and that it generates obligations concerning all the material in existence
since its coming into force, the delegation of Cuba concludes that the above-mentioned legislation
presumably violates, inter alia , Article 2 entitled "Intellectual Property Conventions", Article 3, a key
rule referring to "National Treatment", Article 41 of Section 1:  "General Obligations" of Part III on
"Enforcement of Intellectual Property Rights" and, lastly, Article 62 of Part IV "Acquisition and
Maintenance of Intellectual Property Rights and Related Inter Partes  Procedures", all of the TRIPS
Agreement.
                                                     
1Document IP/C/W/139.
2Document IP/C/W/120 (IP/C/W/120/Rev.1 in English).
3Document IP/C/W/129.
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Page 2
Section 211 unjustifiably hampers the access to protection, in the territory of the United States
of America, of rights which legitimately belong to Cuban and foreign applicants and holders.
What is more, it excludes from the benefits derived from international or multilateral
conventions or treaties Cuban nationals and undertakings or any person acting on behalf of the Cubanauthorities.  This hypothesis damages, in particular, the application of the TRIPS Agreement.
In view of the fact that the documentation provided by the United States of America does not
satisfy Cuba's request, we once again formally request that delegation to supply detailed information
concerning the compatability of Section 211 with the TRIPS Agreement in accordance with its
obligations under Article 63 of the Agreement, and especially its paragraph 3.
The delegation of Cuba insists on strict and unconditional respect for the principles of the
multilateral system, which must be applied without discrimination and where there is no room for
arbitrary considerations and procedures which deviate from the multilaterally agreed rules for
international trade.
At the same time, it considers that Section 211 is a unilaterally coercive measure contrary to
international law which represents an unprecedented extension and strengthening of the economic,
trade and financial blockade imposed on Cuba, which damages foreign investment and Cuba's trade
with third countries and which has been rejected on repeated occasions by the General Assembly of
the United Nations and other regional and international organizations.
The most recent condemnation of the criminal economic blockade, for the information of
those here present, came from the second summit meeting of the Heads of State and Government of
the Association of Caribbean States, held on 17 April last at Santo Domingo, where the leaders of the
area categorically rejected any unilaterally coercive measure and the extraterritorial application ofnational laws by any State.
On the basis of what has previously been stated, Cuba reserves the right to undertake other
actions in the forum of this Organization.
The delegation of Cuba requests that this statement be included in the minutes of the Council
and circulated to the Members of the Organization.
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