EUROPEAN COMMUNITIES -
ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS FOR
MOTION PICTURES ANDTELEVISION PROGRAMS
Request
for Consultations by the United States
The following
communication, dated 30 April 1998, from the Permanent Mission of the United
States to the Permanent Delegation of the European Commission and to the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
_______________
My authorities have
instructed me to request consultations with the European Communities pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Article 64 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) (to the extent it incorporates
by reference Article XXIII of the General Agreement on Tariffs and Trade 1994)
regarding the enforcement of intellectual property rights in Greece.
The TRIPS Agreement applied
to developed Members of the WTO, such as the European Communities, as of 1
January 1996. Such Members are obligated
to comply with the provisions of Part III of the TRIPS Agreement regarding the
enforcement of intellectual property rights, among other obligations.
A significant number of
television stations in Greece regularly broadcast copyrighted motion pictures
and television programs without the authorization of copyright owners. Effective remedies against copyright
infringement do not appear to be provided or enforced in Greece with respect to
these unauthorized broadcasts. Copyrights
owned by US nationals have been infringed in this manner repeatedly, and
continue to be infringed, despite efforts by US right holders to prevent such
infringement and to pursue their rights in Greece. This situation appears to be inconsistent
with the obligations of Members under Articles 41 and 61 of the TRIPS
Agreement.
We look forward to
receiving your reply to the present request and to fixing a mutually convenient
date for consultations.