currently before the DSB, In that case the European United States Civil Aircraft. –Large Communities argues that: is defined as or and the other rights ‘The term “good” “[p]roperty possessions.”1495 Patents at issue are generally considered intellectual and are covered as such by the property, Agreement on Trade-Related Aspects of Intellectual Property (“TRIPS Agreement”).1496 US law explicitly states that have the attributes of personal “patents shall property.”1497 Hence, the transfer of a patent, as well as of rights to trade secrets and undisclosed data, constitutes the transfer of property the transfer or provision of a good. – i.e., 1495THE NEW SHORTER OXFORD ENGLISH DICTIONARY 1116 (4th ed. 1993). 1496TRIPS Part II, at Section 5 (Patents) and Section 7 (Undisclosed Agreement, Information). 149735 U.S.C. § 261 (1982) (emphasis added) (exhibit EC-591).’ The United States points out in response that as the law stands thus far: provision of under Article 1.1(a)(1)(iii) is the conveyance of tangible goods or ‘The “goods” ownership rights in tangible goods by the government to a private party. A patent is neither a tangible good nor an ownership right in a tangible good.’ Given the decision in it is interesting that the EC chose to argue US-Softwood Lumber, for the inclusion of intellectual property rights under the definition of As the ‘goods’. EC’s resort to the suggests it is also difficult, in the ‘The New Shorter Oxford English Dictionary’ context of to find other sources to support a legal interpretation of US-Softwood Lumber ‘goods’
currently before the DSB, United States –Large Civil Aircraft. In that case the European Communities argues that: ‘The term “good” is defined as “[p]roperty or possessions.”1495 Patents and the other rights at issue are generally considered intellectual property, and are covered as such by the Agreement on Trade-Related Aspects of Intellectual Property (“TRIPS Agreement”).1496 US law explicitly states that “patents shall have the attributes of personal property.”1497 Hence, the transfer of a patent, as well as of rights to trade secrets and undisclosed data, constitutes the transfer of property – i.e., the transfer or provision of a good. 1495THE NEW SHORTER OXFORD ENGLISH DICTIONARY 1116 (4th ed. 1993). 1496TRIPS Agreement, Part II, at Section 5 (Patents) and Section 7 (Undisclosed Information). 149735 U.S.C. § 261 (1982) (emphasis added) (exhibit EC-591).’ The United States points out in response that as the law stands thus far: ‘The provision of “goods” under Article 1.1(a)(1)(iii) is the conveyance of tangible goods or ownership rights in tangible goods by the government to a private party. A patent is neither a tangible good nor an ownership right in a tangible good.’ Given the decision in US-Softwood Lumber, it is interesting that the EC chose to argue for the inclusion of intellectual property rights under the definition of ‘goods’. As the EC’s resort to the ‘The New Shorter Oxford English Dictionary’ suggests it is also difficult, in the context of US-Softwood Lumber to find other sources to support a legal interpretation of ‘goods’
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