Home > copyrights > Brazilian government proposes to “ignore” US patents and copyrights in trade dispute.

Brazilian government proposes to “ignore” US patents and copyrights in trade dispute.

The Brazilian government has announced its intention to cross-retaliate against the US by “ignoring” certain patents and copyrights belonging to US citizens as part of a trade war between the two countries over cotton.

This is the second set of measures Brazil has unveiled in a week to pressure Washington to obey a ruling by the World Trade Organization that found the U.S. cotton subsidies and export credit guarantee program illegal.

Diplomats, trade experts and business leaders are closely watching the case, one of a few in which the WTO has allowed cross-retaliation, in which the wronged party can retaliate against a sector not involved in the dispute.

Brazil would become the first country ever to apply cross retaliation under WTO rules.

The new measures, which are still subject to public hearings, would suspend for a limited time U.S. patents on pharmaceuticals, chemicals and biotechnology.

They would allow Brazil to restrict copyrights in the music and audiovisual industry. The measures listed in an official publication would also allow the government to increase fees and tighten regulations on registration of intellectual property rights.

  1. April 13, 2010 at 5:55 pm

    Nils, you are absolutely right. Though there is no doubt that what Brazil is doing is, in principle, in conformity with the WTO decision, the breadth of the resolution is preoccupying. However, I have hope that everything will be over before the cross-retaliation actually happens. I was in Brasília last week and I talked with people from the government and they seem to be quite confident that the two countries will reach some compromise before D-Day. I made more in-depth comments on my post here: http://entertainmentlawbrazil.com.br/2010/04/08/to-retaliate-or-not-to-retaliate/

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