WORLD TRADE
ORGANIZATIONWT/DS170/1
IP/D/17
10 May 1999
(99-1943)
Original:  English
CANADA - TERM OF PATENT PROTECTION
Request for Consultations by the United States
The following communication, dated 6 May 1999, from the Permanent Mission of the
United States to the Permanent Mission of Canada and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
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My authorities have instructed me to request consultations with the Government of Canada
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) (to the extent that it incorporates by reference Article XXII of the General
Agreement on Tariffs and Trade 1994) regarding the grant of patent term in Canada.
The TRIPS Agreement obligates all Members of the World Trade Organization (WTO) to
grant a term of protection for patents that runs at least until twenty years after the filing date of theunderlying application.  The TRIPS Agreement also requires each Member to grant this minimum
term to all patents existing as of the date of the application of the Agreement to that Member.  In light
of Canada's status as a developed country, th e TRIPS Agreement applied to it on 1 January 1996.
Under the Canadian Patent Act, the term granted to patents issued on the basis of applications
filed before 1 October 1989, is 17 years from the date on which the patent is issued.  This situation
appears to be inconsistent with Canada's obligations under the TRIPS Agreement, including but not
necessarily limited to Articles 33, 65 and 70 of the TRIPS Agreement.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations. In accordance with Article 4.4 of the DSU, this request for
consultations will be notified to the Dispute Settlement Body and the Council for Trade-Related
Aspects of Intellectual Property Rights.
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