WORLD TRADE
ORGANIZATIONWT/DS170/8
IP/D/17/Add.2
20 December 2000
(00-5582)
Original:  English
CANADA - TERM OF PATENT PROTECTION
Request by the United States for Arbitration
under Article 21.3(c) of the DSU
The following communication, dated 15 December 2000, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated at the request of thatdelegation.
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On 12 October 2000, the Dispute Settlement  Body (DSB) adopted recommendations and
rulings in respect of the panel and Appellate Body reports in "Canada - Term of Patent Protection".
On 23 October 2000, the Government of Canada confirmed to the DSB its commitment to meet its
obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement).
Since the adoption of the panel and Appellate Body reports, pursuant to Article 21.3(b) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), we haveattempted to reach agreement with Canada on a "reasonable period of time" for its implementation of
the DSB rulings and recommendations.  Although we have held several bilateral discussions, our
governments have not been able to reach agreement.  Accordingly, the United States hereby requests
that the "reasonable period of time" be determined by binding arbitration pursuant to Article 21.3(c)
of the DSU.  Pursuant to footnote 12 to the DSU, the United States will immediately open discussionswith Canada with a view of achieving agreemen t on an arbitrator within the next ten days.
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