Antigua Files for Remedies- $3.4 billion per year in intellectual prop

[Emperor]

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USTR still in denial:
“We look forward to learning the basis upon which WTO members – who neither requested nor made WTO commitments on gambling and betting in the Uruguay Round and had no basis to believe that the United States had made such a commitment – intend to support their claims of interest.”


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Yah this is complete denial of reality considering the U.S. Free Trade Agreement team was trying to get Korea to open its gambling market.

http://english.hani.co.kr/arti/engli...ss/159898.html

[Richas]

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As I understand it, every country is on their own and makes their own deal. None of these other countries are looking to save their gambling businesses, they are just taking advantage of an opportunity the US has put in front of them, a potentially very profitable opportunity.

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Not so for the UK. The UK has the stock market falls to help size its claim (billions).

[Jay Cohen]

[ QUOTE ]
[ QUOTE ]
As I understand it, every country is on their own and makes their own deal. None of these other countries are looking to save their gambling businesses, they are just taking advantage of an opportunity the US has put in front of them, a potentially very profitable opportunity.

[/ QUOTE ]

Not so for the UK. The UK has the stock market falls to help size its claim (billions).

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The UK does not speak on its own, only as part of the EU.

My point is no matter what losses they can show, they are just using it as a gauge for the concessions they will seek in other sectors. See the thread about the EU filing and the quote from the EU representative.

The EU will probably seek some sort of agriculture tariff or the right not to accept hormone enhanced beef in exchange for letting the US out of their commitment in the gambling sector.

[Jay Cohen]

Something else that just hit me. The EU may not be able to point to any of those market losses. They are bringing a claim against the withdrawal of the commitment. The calculation period will be from here forward. Not that they couldn't show a lot of lost potential.

[Legislurker]

My understanding is that the WTO arbitration panels do take account of potential. The legalese way of looking at it is, you made a committment that is binding UNTIL the next round of multilateral GATS signings(considering the current round has stalled out for almost a decade now). That is where China is scary. Gambling is illegal in China for the most part, but they can argue that in the future during the treaty, they may legalize it. The way WTO agreements are supposed to work is a gradual lowering of barriers to trade. We(the US) are backing out of that process, and so paying a penalty. The access to the the US gaming sector is an ASSET irrespective of whether or not you currently have a gaming industry. Removing that access is taking away value from other signatories to GATS. For so many reasons, this is a huge precedent setter IF the US does not back down. This is uncharted territory, and it seems no one is going to cut us slack.

[oldbookguy]

Of the countries filing against the U.S. those who reserved 'third party rights' at the beginning have the same rights as Antigua it seems.

This is from the WTO Web Site on Third parties:
Article 10: Third Parties back to top


1. The interests of the parties to a dispute and those of other Members under a covered agreement at issue in the dispute shall be fully taken into account during the panel process.

2. Any Member having a substantial interest in a matter before a panel and having notified its interest to the DSB (referred to in this Understanding as a “third party”) shall have an opportunity to be heard by the panel and to make written submissions to the panel. These submissions shall also be given to the parties to the dispute and shall be reflected in the panel report.

3. Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel.

4. If a third party considers that a measure already the subject of a panel proceeding nullifies or impairs benefits accruing to it under any covered agreement, that Member may have recourse to normal dispute settlement procedures under this Understanding. Such a dispute shall be referred to the original panel wherever possible.

[Legislurker]

[ QUOTE ]
Of the countries filing against the U.S. those who reserved 'third party rights' at the beginning have the same rights as Antigua it seems.

This is from the WTO Web Site on Third parties:
Article 10: Third Parties back to top


1. The interests of the parties to a dispute and those of other Members under a covered agreement at issue in the dispute shall be fully taken into account during the panel process.

2. Any Member having a substantial interest in a matter before a panel and having notified its interest to the DSB (referred to in this Understanding as a “third party”) shall have an opportunity to be heard by the panel and to make written submissions to the panel. These submissions shall also be given to the parties to the dispute and shall be reflected in the panel report.

3. Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel.

4. If a third party considers that a measure already the subject of a panel proceeding nullifies or impairs benefits accruing to it under any covered agreement, that Member may have recourse to normal dispute settlement procedures under this Understanding. Such a dispute shall be referred to the original panel wherever possible.

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So if the EU was a 3rd party, it can impose sanctions as well and not just wait for compensation?

[Jay Cohen]

Other countries are making their claims under Article XXI of the GATS. It's very short, everyone interested should read it.

http://www.wto.org/English/docs_e/le...htm#articleXXI

Whether or not they were a third party in the Dispute Settlement Process is irrelevant.

Antigua is the only country with standing for sanctions right now. The other countries could have joined the case years ago but chose to do nothing. Today, all they are left with is seeking compensatory adjustments in response to the attempted withdrawal of the US's commitment.

[omgwtf]

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Without giving away all of Antigua's negotiating points, I will say that they would be willing to exempt Utah and Hawaii since they offer no gaming at all.

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Hey not so fast! I live in Utah!

Let's compromise and allow it in Utah and not Hawaii.

[spino1i]

This meeting occurs on July 24. If the WTO approves the copyright sanction on that day, and the US continues to sit around with their thumb up their ass, how long from July 24 before Antigua can start ignoring US copyrights?