Note on EU/Canada dispute over TRIPS 27.1 restrictions on discrimination as to field of technology

[James Love <love@cptech.org>]

One reader sent this note.  Jamie

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Greetings,

FYI, the dispute referred to in the last paragraph of Mr. Attaran's note has
in fact not reach the panel stage yet, as the link below to the WTO web site
will attest.  Case DS/153 is under Pending Consultations; this means that
the demanding country (Canada) has not yet asked for the formation of a
panel.

You can reach your own conclusions as to the status of this case.

http://www.wto.org/wto/dispute/bulletin.htm#_Toc468170750

However, DS/114, brought by the EU against Canada, may rule on what Mr.
Attaran calls "special, and illegal, preference to the pharmaceutical
industry".  The citation, under "Active panels", does mention TRIPS Article
27.1, which deals with discrimination as to the type of technology.  That
case is probably the one that bears paying attention to, from your
organization's perspective, regarding patent extensions.