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Certain Measures Concerning the Production, Importation and Marketing of Pharmaceutical Products


Key Facts

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Short Title: Turkey — Pharmaceutical Products (EU)
Respondent: Turkey
Third Parties: Brazil; Canada; United States; China; Russian Federation; Switzerland; Ukraine; Japan; India; Indonesia;
Complaintant(s): European Union;
Dispute Number: DS583
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds583_e.htm
Dispute Subject(s): GATT 1994; SCM Agreement; TRIMs Agreement; TRIPS;
Dispute Status: Pending


On April 2, 2019, the European Union requested consultations with Turkey regarding various measures concerning the production, importation and marketing of pharmaceutical products. The measures identified by the European Union include the following alleged acts: a localization requirement, a technology transfer requirement, an import ban on localized products, and a prioritization measure.

The European Union claimed that:

•  The localization requirement and the prioritization measure appear to be inconsistent with Article III:4 of the GATT 1994.

•  The localization requirement, the technology transfer requirement, and the prioritization measure appear to be inconsistent with Articles X:1 and X:3(a) of the GATT 1994.

•  All four categories of challenged measures appear to be inconsistent with Article X:2 of the GATT 1994.

•  The import ban on localized products appears to be inconsistent with Article XI:1 of the GATT 1994.

•  The localization requirement appears to be inconsistent with Article 2.1 of the TRIMS Agreement and Article 3.1(b) of the SCM Agreement.

•  The technology transfer requirement appears to be inconsistent with Articles 3.1, 27.1, 28.2, 39.1 and 39.2 of the TRIPS Agreement.

The European Union submitted, together with its consultations request, a statement of available evidence pursuant to Article 4.2 of the SCM Agreement.

On April 18, 2019, the United States requested to join the consultations. On August 2, 2019, the European Union requested the establishment of a Panel.

At its meeting on August 15, 2019, the DSB deferred the establishment of a panel. At its meeting on September 30, 2019, the DSB established a panel. Brazil, Canada, China, India, Indonesia, Japan, the Russian Federation, Switzerland, Ukraine and the United States reserved their third-party rights.

On March 4, 2020, the European Union requested the Director-General to compose the panel. On March 17, 2020, the Director-General composed the panel.
 

Panel Proceedings

Brief Date Brief Description
06/12/2020 U.S. Comments on Turkey’s Preliminary Ruling Request