ST JOHN’S, Antigua – The US government on Monday warned of economic consequences after Antigua & Barbuda got World Trade Organisation (WTO) approval to ignore US intellectual property rights to the tune of US $21 million annually.
“Government-authorised piracy would undermine chances for a settlement,” in the internet gambling case,” said Nkenge Harmon, a spokeswoman for the US Trade Representative’s office.
“It also would serve as a major impediment to foreign investment in the Antiguan economy, particularly in high-tech industries,” Harmon said.
Antigua was first given the retaliatory right by a ruling of the WTO dispute settlement board in 2007, but chose to suspend the right pending negotiations.
On Monday the country asked the WTO to activate the measure.
Dr McChesney Emanuel, Chairman of the Antigua & Barbuda Investment Authority, said the US should stop trying to intimidate the country.
“The United States has indicated there could be possible adverse consequences for Antigua and its citizens for resorting to this WTO-sponsored remedy.
“We assume this is just rhetoric for public consumption, and we look forward to the United States putting aside these tactics and focusing their future efforts on thoughtful negotiation rather than on hyperbole and intimidation,” said Emanuel.
Antigua & Barbuda went to the WTO in 2003 when the US began blocking its citizens from using internet gaming services based in the twin-island state.
The WTO ruled the US was in contravention to its obligations under the WTO treaty known as the General Agreement on Trade in Services (GATS).
The WTO however can not force the US to honour the agreement and so instead allowed Antigua & Barbuda to hit back by ignoring US intellectual property rights.
High Commissioner to the UK Carl Roberts delivered the address to the WTO on Monday. He said he strongly rejected US accusations of piracy.
“To accuse our country of somehow being an international outlier by doing what the rules provide we can do, while at the same time confiscating the money of our operators held in global accounts and subjecting our operators to prison terms under laws held inconsistent with the GATS pretty much beggars belief,” said Roberts.
“We consider this rhetoric and these particularly inflammatory and clearly false accusations to be inappropriate, unhelpful and wrong, and we would call again on the United States to cease these very unfortunate references and acknowledge that our little country is doing precisely what it has earned the right to do under international agreements,” he added.
The High Commissioner said during the last five years of negotiations the US has never showed any real intention of reaching a solution in negotiations.
The government has stressed that if and when Antigua does take action against US intellectual property holders, it will be done in accordance with international law and under strict government supervision.
Roberts also assured the WTO that, “before we act on the suspension of concessions and other obligations, we will provide the Secretariat with reasonable details on what we are to do and how we are to do it.”
The gaming sector once employed over 4,000 people in the country but today employs less than 400.
(More in today’s Daily OBSERVER)
To those who say that sanctions on intellectual property are illegal. Consider the words of Professor Abbott, who conducted research on the issue plus decide aske yourself if WTO retaliation tools voted by and pushed by the USA are illegal. Here’s the quote from Prof. Abbott of Florida State University, college of law.
“The main obstacle developing countries will face to cross-retaliation in TRIPS is political. Industries reliant on IPRs are willing to invest heavily in government lobbying and media propaganda campaigns. Although IP is a creature of industrial policy, as are tariffs and services regulation, the IP-dependent industries have historically been able to persuade governments and media outlets that any interference with IPRs is equivalent to “theft”, implying criminal intent. Raising tariffs may equally interfere with the business interests of private operators by restricting market access, but private operators have not been able to equate increased tariffs with a “theft of trading rights”.
Think on those thing.
Like or Dislike:
1 
0
Ole Jule: It is piracy though. Using someones intellectual property without paying them is the definition of online piracy. The fact that we got permission makes it legal, but does not change the fact that it is piracy. We basically got a “Letter of Marque” from the WTO, the same way countries would create privateers back in the day.
Like or Dislike:
2 
0
Maybe we should renameMount Obama back to Boggy Peak….
Well-loved. Like or Dislike:
8 
0
I know a few years ago, America stop giving Jamiacans visa and I think also denied those with visas entrance into America, because there was ONE person that they wanted Jamaica government to give up to them. The move also affected even international known music artist.
Also if I am right the American government also ordered all Western Union to close down all locations in Antigua after WTO favoured Antigua. Thats when Money Gram first opened up.
Thats my 2 cents.
Well-loved. Like or Dislike:
5 
1
The American government will indeed likely try to stop the flow of money. It is one of their preferred ways to effect political control, both at home and abroad. Perhaps the Antiguan on-line enterprises will give some impetus to the use of bitcoin since that operates outside of national controls.
BTW: I notice most US sites are referring to the pending remedy as “piracy”. What an insult to people’s intelligence for them to use such school ground references when this is being done in accordance with international law. It shows either a profound ignorance of the situation, or an immature attitude.
Like or Dislike:
3 
3
The US isnt worried about Antigua making a few pirated copy of DVDs. It is China, who seemed to have been pumping money here is who they should be woried about. How long would it take to setup a nice little factory copying iPhones and other US products, Antigua is a blip, China isnt…
Like or Dislike:
5 
2
Maybe you should do a little research into the pay and conditions in those iPhone factories in China first. If Antiguans were willing to work like that, they wouldn’t need Ponzi Schemes, expropriation and illegal gambling!
Hot debate. What do you think?
3 
9
The Government of Antigua has failed to realize that the WTO only exist for some countries
Hot debate. What do you think?
5 
3
Americans love controversy, so I say “Welcome to Antigua, Pirate capitol of the caribbean”. Yo Ho Ho and a bottle of Pirate Rum made here in Antigua! Will that be cash or charge? It will cost the US more to do something to Antigua than just ignore us. Look at their newspapers. We are not even a blip on their radar. Check the news stations Antigua did what? Really? I almost forgot about that place, it’s really cold here maybe they have hotel deals? It’s a copywrite pirate nation? Really? Can I get a copy of that new movie on DVD there for 5 bucks? What time does my flight leave? People seem to forget how Americans hit the street markets in Bangkok for fake wallets and other goods. Yeah so the lable is a little crooked my friends will not notice.
Hot debate. What do you think?
5 
3
I observe that the U.S. of A. continues to utter threats but up to now they seem unable to give a single specific example of how they might follow through. Any further illegal action on their part may render them liable to future litigation by Antigua and potentially unlimited fines and penalties.
Hot debate. What do you think?
6 
4