WTO Appellate Body

United States: Section 211 Omnibus Appropriations Act of 1998 (Havana Club), WT/DS176

WT/DS176/AB/R (adopted 1 February 2002)20021 min read
The case in brief30-second read
Facts
The European Communities challenged US Section 211, which barred recognition of trademarks such as HAVANA CLUB connected with assets confiscated in Cuba without the original owner's consent.
Issue
Whether Section 211 violated TRIPS national treatment and most-favoured-nation obligations.
Held
Section 211 violated the national treatment and MFN obligations by treating Cuban nationals worse than US nationals. Trade names are covered by TRIPS through the incorporated Paris Convention.
Principle
TRIPS requires equal treatment of foreign and national right holders and covers trade names.
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Facts

  • The European Communities challenged US Section 211, which barred recognition of trademarks such as HAVANA CLUB connected with assets confiscated in Cuba without the original owner's consent.

Issue

  1. Whether Section 211 violated TRIPS national treatment and most-favoured-nation obligations.

Held

  • Section 211 violated the national treatment and MFN obligations by treating Cuban nationals worse than US nationals. Trade names are covered by TRIPS through the incorporated Paris Convention.

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Citation

United States: Section 211 Omnibus Appropriations Act of 1998 (Havana Club), WT/DS176 WT/DS176/AB/R (adopted 1 February 2002)

Reported: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds176_e.htm (WTO dispute; not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.