WORLD TRADE
ORGANIZATIONWT/DS170/4
19 June 2000
(00-2505)
Original:  English
CANADA – TERM OF PATENT PROTECTION
Notification of an Appeal by Canada under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 19 June 2000, sent by Canada to the Dispute Settlement
Body (DSB), is circulated to Members.  This noti fication also constitutes the Notice of Appeal, filed
on the same day with the Appellate Body, pursuant to the  Working Procedures for Appellate Review .
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Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes  (the "DSU") and Rule 20 of the Working Procedures for
Appellate Review , the Government of Canada hereby notifies its decision to appeal certain issues of
law covered in the Panel Report on  Canada – Term of Patent Protection  (WT/DS170/R) and certain
legal interpretations developed by the Panel.
The Government of Canada submits that the Panel committed errors in law and erred in its
interpretation and application of Articles 33 and 70 of the  Agreement on Trade-Related Aspects of
Intellectual Property Rights .  Canada seeks review by the Appellate Body of the Panel's findings:
(a) that the term of protection under section 45 of Canada's Patent Act   is inconsistent
with the minimum standards of TRIPS Article 33 (paragraph 6.100 of the Panel
Report);
(b) that neither the discretionary nature of a patent examiner's authority to grant informal
delays nor the formal statutory provisions prescribing time limits within which patentapplicants were permitted to prosecute their applications, both of which allowed them
to obtain a term of protection that does not end before 20 years from the date of filing,
make available, as a matter of right, to patent applicants a term of protection required
by Article 33 (paragraph 6.109);  and
(c) that the rule against retroactive application of TRIPS Article 70.1 concerning "acts
which occurred before the date of application of the Agreement", does not override
the rule of TRIPS Article 70.2 (paragraph 6.56 of the Panel Report).
The Government of Canada respectfully requests the Appellate Body to reverse the findings
and conclusions of the Panel and to modify accordingly the recommendations of the Panel.
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