In the online gambling case that the United States lost in the World Trade Organization, Antigua and Barbuda moved under Article 22 of the WTO's dispute settlement understanding, filing a claim for concessions primarily through the suspension of Antigua's copyrights, trademarks, industrial designs and patent obligations.
The move has been joined thus far by the European Union, Japan, and India; and earlier third parties to Antigua's claim include China Taipei, China, Mexico, and Canada.
The deadline to file a claim by any member state is June 22, 2007, regardless of whether or not a state allows or offers gambling as a service trade.
On July 24, 2007, the WTO will, through the Dispute Settlement Body, review the request and decide whether sanctions are appropriate. If approved, (and they are expected to be approved) the sanctions can be put into place immediately and could have serious implications for American companies such as Microsoft, Disney and a host of other industries.
All intellectual property protection will be lost to Antigua and Barbuda, which would mean billions of dollars in lost revenue to major US companies such as Microsoft and Disney.
The United States has one other option when the ruling is final, arbitration. The arbitration process can last as long as four months.
Mark Mendel, Antigua and Barbuda's attorney at the WTO said, "With Antigua poised to impose massive sanctions against substantial United States business interests with absolutely no connection to gambling, it certainly seems time for the United States to come to grips with this case and work out a settlement. But if we can't convince the United States to sit at the bargaining table with Antigua, maybe some of the adversely affected American business interests will be able to do so."
Dr. Errol Cort, Minister of Finance and the Economy of Antigua and Barbuda, stated, "Until such time as the United States is willing to work with us on achieving a reasonable solution to this trade dispute, we will continue to use every legitimate remedy available to protect the interests of our citizens."
Dr. Cort emphasized that this dispute is a trade issue and not a moral one.
"Unfortunately, there appear to be powerful interests in the United States that want to protect the domestic industry from competition. That is not only unfair and wrong, but contrary to the letter and spirit of the WTO agreements," the Finance Minister said.
The Office of the United States Trade Representative has shown no signs of shifting course as they intend to work with Antigua at resolving the issue, however it appears as if they only will settle on their own terms. As far as other nations file claims for compensation, spokeswoman for the USTR says no way.
"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," she said.
The move has been joined thus far by the European Union, Japan, and India; and earlier third parties to Antigua's claim include China Taipei, China, Mexico, and Canada.
The deadline to file a claim by any member state is June 22, 2007, regardless of whether or not a state allows or offers gambling as a service trade.
On July 24, 2007, the WTO will, through the Dispute Settlement Body, review the request and decide whether sanctions are appropriate. If approved, (and they are expected to be approved) the sanctions can be put into place immediately and could have serious implications for American companies such as Microsoft, Disney and a host of other industries.
All intellectual property protection will be lost to Antigua and Barbuda, which would mean billions of dollars in lost revenue to major US companies such as Microsoft and Disney.
The United States has one other option when the ruling is final, arbitration. The arbitration process can last as long as four months.
Mark Mendel, Antigua and Barbuda's attorney at the WTO said, "With Antigua poised to impose massive sanctions against substantial United States business interests with absolutely no connection to gambling, it certainly seems time for the United States to come to grips with this case and work out a settlement. But if we can't convince the United States to sit at the bargaining table with Antigua, maybe some of the adversely affected American business interests will be able to do so."
Dr. Errol Cort, Minister of Finance and the Economy of Antigua and Barbuda, stated, "Until such time as the United States is willing to work with us on achieving a reasonable solution to this trade dispute, we will continue to use every legitimate remedy available to protect the interests of our citizens."
Dr. Cort emphasized that this dispute is a trade issue and not a moral one.
"Unfortunately, there appear to be powerful interests in the United States that want to protect the domestic industry from competition. That is not only unfair and wrong, but contrary to the letter and spirit of the WTO agreements," the Finance Minister said.
The Office of the United States Trade Representative has shown no signs of shifting course as they intend to work with Antigua at resolving the issue, however it appears as if they only will settle on their own terms. As far as other nations file claims for compensation, spokeswoman for the USTR says no way.
"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," she said.
