WORLD TRADE
ORGANIZATIONWT/DS170/3
25 October 1999
(99-4629)
CANADA - TERM OF PATENT PROTECTION
Constitution of the Panel Established
at the Request of the United States
Note by the Secretariat
1. At its meeting on 22 September 1999, the DSB established a Panel pursuant to the request by
the United States (WT/DS170/2), in accordan ce with Article 6 o the DSU (WT/DSB/M/68).
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference.  The terms of reference are the following:
"To examine, in light of the relevant provisions of the covered agreements cited by the
United States in document WT/DS170/2, the matter referred to the DSB by the United States
in that document and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements."
3. On 13 October 1999, the United States made a request, pursuant to paragraph 7 of Article 8 of
the DSU, to the Director-General to determine the composition of the Panel.  Paragraph 7 of Article 8
provides:
"If there is no agreement on the panelists within 20 days after the date of the establishment of
a panel, at the request of either party, the Director-General, in consultations with the
Chairman of the DSB and the Chairman of the relevant Council or Committee, shall
determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules
of procedures of the covered agreement or covered agreements which are at issue in the
dispute, after consulting with the parties to the dispute.  The Chairman of the DSB shall
inform the Members of the composition of the panel thus formed no later than 10 days after
the date the Chairman receives such a request."
4. On 22 October 1999, the Director-General composed the Panel as follows:
Chairperson: Stuart Harbinson
Members: Sergio Escudero
Alberto Heimler.
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