Wto Dispute Settlement And The Trips Agreement

The TRIPS agreement was implemented within the WTO to provide access to an operational dispute settlement mechanism that could authorize trade sanctions. But TRIPS and the WTO dispute settlement agreement are based on systems developed independently within WIPO and GATT. In this book, Matthew Kennedy highlights the challenges of integrating and independently of TRIPS within the WTO, examining how this trade organization deals with intellectual property disputes. It contrasts the way in which intellectual property disputes have been managed between governments before and after the creation of the WTO. Based on practical experience, this book provides a comprehensive overview of the issues raised in the context of the DSU, TRIPS, the 1994 GATT and other WTO intellectual property agreements. These range from procedural traps to interpretations of contract content and conflicts, to remedial measures, including counter-compliance. “This excellent book by Professor Kennedy provides a detailed analysis and critique of WTO dispute settlement practices under the TRIPS agreement, to examine how this trade organization deals with IP disputes between governments, and takes into account the particular emphasis placed on this minimum comprehensive agreement on the protection of private rights. … By clarifying the interface between commercial and IP law at all stages of WTO dispute resolution proceedings, this innovative book will help anticipate and resolve systemic legal problems arising from the “fragmentation” of international economic law and the risks of a “commercial approach” to regulate and resolve disputes in other areas of international law, such as mental protection, investment, the environment and public health.” To get the free app, enter your mobile phone number. You can perform more sophisticated searches through the Online Documents search function (opens in a new window) by setting several criteria. B search like, for example, the WT/DSxxx/R document icon (where xxx is the case number) for panel reports and WT/DSxxx/AB/R (where xxx is the case number) for call body reports (i.e.

code number), full text or document date. In 2020, the WTO agreement on trade-related aspects of intellectual property rights (“TRIPS”) celebrated its 25th anniversary. But there was little reason to rejoice. The COVID 19 pandemic had plunged the world economy into an unprecedented crisis. In April 2020, the IMF forecast a contraction in global GDP of up to 3% in 2020, and the WTO predicted that the volume of world trade would decline from 13 to 32% in 2020, depending on the duration of the health crisis and how governments would respond to the economic consequences of the crisis. Even the decline in the most pessimistic scenario of 13 per cent would still be the largest decline on record. However, global trade and the multilateral trading system, of which the TRIPS agreement is part, are already in crisis before one of us is heard by the new coronavirus or is seen as a “social distancing” as a civil obligation (rather than deviant behaviour). World trade in goods fell by 3% in value terms in 2019, and world trade in commercial services grew by only a meagre 2%.

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