Retaliação Cruzada em Propriedade Intelectual: PL-1893/2007 (“Lei de Retaliação Cruzada”) à Luz do Marco da OMC (Cross-retaliation on Intellectual Property: Act Project 1893/2007 [‘Cross-Retaliation Act’] in the Light of the WTO’s Framework)

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This article examines Act Project no 1893/2007 of the Brazilian Chamber of Deputies which aimed at regulating the operationalization, by the Brazilian state, of the cross-retaliation on intellectual property, in the light of the international legal framework provided by the World Trade Organization (WTO). Such mechanism is applicable when there is a situation of non-compliance, by a third country, of the determinations resulting from an arbitration panel of the WTO. The article explores the devices and the importance of such measure for Brazil. The theme presents a renewed importance due to the recent beginning of non-compliance, by the government of the United States of America, of the agreement that had been consensually signed in 2010 with Brazil – after the conviction of the USA at the WTO – in order to avoid that Brazil used the cross-retaliation measure against that Northern country on account of the notorious cotton dispute. KEYWORDS: Intellectual property, Cross-retaliation, WTO, Trade disputes
Original languagePortuguese
Pages (from-to)67-90
Number of pages24
JournalRevista Jurídica da Presidência (Presidency of Republic of Brazil Law Journal)-
Issue number108
Publication statusPublished - 2014

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