WTO Dispute Settlement and the TRIPS Agreement

Applying Intellectual Property Standards in a Trade Law Framework

Author: Matthew Kennedy

Publisher: Cambridge University Press

ISBN: 1316586383

Category: Law

Page: N.A

View: 6603

The TRIPS Agreement was implemented in the WTO to gain access to a functioning dispute settlement mechanism that could authorize trade sanctions. Yet TRIPS and the WTO Dispute Settlement Understanding are based on systems that developed independently in WIPO and GATT. In this book, Matthew Kennedy exposes the challenges created by the integration and independence of TRIPS within the WTO by examining how this trade organization comes to grips with intellectual property disputes. He contrasts the way intellectual property disputes between governments have been handled before and after the establishment of the WTO. Based on practical experience, this book provides a comprehensive review of the issues that arise under the DSU, TRIPS, GATT 1994 and other WTO agreements in intellectual property matters. These range from procedural pitfalls to substantive treaty interpretation and conflicts as well as remedies, including cross-retaliation.

The Legal Texts

The Results of the Uruguay Round of Multilateral Trade Negotiations

Author: World Trade Organization

Publisher: Cambridge University Press

ISBN: 9780521785808

Category: Business & Economics

Page: 492

View: 4646

Contains GATT, GATS, TRIPS, the new dispute settlement procedures and the legal framework of the WTO.

A Handbook on the WTO Dispute Settlement System

Author: ,

Publisher: Cambridge University Press

ISBN: 1108279295

Category: Law

Page: N.A

View: 3679

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

Regional Trade Agreements and the Multilateral Trading System

Author: Rohini Acharya

Publisher: Cambridge University Press

ISBN: 1316889416

Category: Law

Page: N.A

View: 8892

This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.

The TRIPS Agreement, Sustainable Development and the Public Interest

Discussion Paper

Author: Simon Walker

Publisher: IUCN

ISBN: 2831706041

Category: Political Science

Page: 60

View: 9823

This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.

The History and Future of the World Trade Organization

Author: Craig VanGrasstek

Publisher: N.A


Category: Business & Economics

Page: 646

View: 6566

This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.

International Organizations in WTO Dispute Settlement

How Much Institutional Sensitivity?

Author: Marina Foltea

Publisher: Cambridge University Press

ISBN: 1107028248

Category: Law

Page: 333

View: 5411

This in-depth analysis of the role of international organisations in WTO dispute settlement examines the level of institutional sensitivity of the WTO adjudicator to organisations including the IMF, WIPO, WCO and WHO. It will appeal to international law scholars, civil servants and law practitioners.

The Oxford Handbook of International Trade Law

Author: Daniel L. Bethlehem

Publisher: Oxford University Press, USA

ISBN: 0199231923

Category: Law

Page: 801

View: 8842

The Oxford Handbook of International Trade Law explores the law of the World Trade Organization and its broader context. It examines the discipline of international trade law itself and also the outside face of international trade law and its intersection with states and with other aspects of the international system. It covers the economic and institutional context of the world trading system, the substantive law of the WTO, the WTO dispute settlement system,and the interaction between trade and other disciplines and fields of international law.

A Handbook on the WTO TRIPS Agreement

Author: Antony Taubman,Hannu Wager,Jayashree Watal

Publisher: Cambridge University Press

ISBN: 1107023165

Category: Law

Page: 385

View: 3240

This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.

Global Value Chains in a Changing World

Author: Deborah Kay Elms,Patrick Low

Publisher: N.A

ISBN: 9789287038821

Category: Business & Economics

Page: 409

View: 2316

A collection of papers by some of the world's leading specialists on global value chains (GVCs). It examines how GVCs have evolved and the challenges they face in a rapidly changing world. The approach is multi-disciplinary, with contributions from economists, political scientists, supply chain management specialists, practitioners and policy-makers. Co-published with the Fung Global Institute and the Temasek

Private Power, Public Law

The Globalization of Intellectual Property Rights

Author: Susan K. Sell

Publisher: Cambridge University Press

ISBN: 9780521525398

Category: Business & Economics

Page: 218

View: 3393

Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

Cultural Products and the World Trade Organization

Author: Tania Voon

Publisher: Cambridge University Press

ISBN: 1139464833

Category: Law

Page: N.A

View: 5172

Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.

The Making of the TRIPS Agreement

Personal Insights from the Uruguay Round Negotiations

Author: World Tourism Organization

Publisher: N.A

ISBN: 9789287040251

Category: Political Science

Page: 300

View: 1483

The Making of the TRIPS Agreement presents for the first time the diverse personal accounts of the negotiators of this unique trade agreement. Their rich contributions illustrate how different policy perspectives and trade interests were accommodated in the final text, and map the shifting alliances that transcended conventional boundaries between developed and developing countries, with a close look at issues such as copyright for software, patents on medicines and the appropriate scope of protection of geographical indications. Contributors share their views on how intellectual property fitted into the overall Uruguay Round, the political and economic considerations driving TRIPS negotiations, the role of non-state actors, the sources of the substantive and procedural standards that were built into the TRIPS Agreement, and future issues in the area of intellectual property. In probing how negotiations led to an enduring agreement that has served as a framework for policy-making in many countries, the contributions offer lessons for current and future negotiators. The contributors highlight the enabling effect of a clear negotiating agenda, and underscore the important, but distinct, roles of the Chair, of the Secretariat and above all, of the negotiators themselves.

Optimal Regulation and the Law of International Trade

The Interface between the Right to Regulate and WTO Law

Author: Boris Rigod

Publisher: Cambridge University Press

ISBN: 1316453774

Category: Law

Page: N.A

View: 1126

Are the limitations imposed on World Trade Organization (WTO) members' right to regulate efficient? This is a question that is only scarcely, if ever, analysed in existing literature. Boris Rigod aims to provide an answer to this fundamental concern. Using the tools of economic analysis and in particular the concept of economic efficiency as a benchmark, the author states that domestic regulatory measures should only be subject to scrutiny by WTO bodies when they cause negative international externalities through terms of trade manipulations. He then suggests that WTO law, applied by the WTO judiciary can prevent WTO members from attaining optimal levels of regulation. By applying a law and economics methodology, Rigod provides an innovative solution to the problem of how to reconcile members' regulatory autonomy and WTO rules as well as offering a novel analytical framework for assessing domestic regulations in the light of WTO law.