Brazil Starts Public Consult On Retaliation Against US IP Rights

The Brazilian government today announced the start of a process of public consultation on suspension of concessions or obligations of intellectual property rights from the United States. The government on 15 March published a resolution of the Chamber of External Trade (CAMEX) launching the consultation, according to a Brazilian government press release.

This follows a WTO dispute settlement ruling in a US-Brazil dispute on cotton subsidies where the US was found in non-compliance with international trade rules. The decision gave Brazil the authorisation to suspend its obligations on US goods including IP rights. On 8 March, the Brazilian government published a list of US goods that will be subject to higher import taxes when entering Brazil (IPW, IP Burble, 8 March 2010).

The higher import taxes represent a part of the retaliation amount granted to Brazil and the remaining annual amount, some US$238 million, will be applied in the sectors of IP and services.

After analyzing the comments emanating from the public consultations, the Brazilian government “will select a set of measures from those that are being subject to the consultations.” Interested parties have 20 days to submit comments. Brazil said it remains open to further discussion with the US.