Trips Agreement Dispute Settlement

Article 64.2 of the TRIPS ON Agreement delayed the implementation, for a period of five years from the date of the 1994 DE agreement, of the “non-counterfeiting and situational complaints” contained in Article XXIII of the 1994 GATT. Section 64.3 instructed the TRIPS Council to review the scope and terms of these complaints during this period and to submit the recommendations to the Ministerial Conference for approval. This “moratorium” on the use of non-counterfeiting and situation complaints has been extended several times, most recently at the Bali Ministerial Conference in 2013. This last decision is available below. In addition, the following documents contain a briefing note from the WTO secretariat on the points raised by members during the Council`s substantive discussion on non-violation and status complaints. “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 settlement procedures, this innovative book will help to anticipate and resolve systemic legal problems resulting from the “fragmentation” of international economic law and the risks of a “commercial approach” to the regulation and settlement of disputes in other areas of international law. , such as the investigation period. Investment, environmental and health law.┬áDisputes between WTO members over the obligations under the TRIPS agreement are subject to the WTO dispute settlement mechanism. The dispute settlement rules between WTO members are set out in Articles XXII and XXIII of the 1994 General Agreement on Tariffs and Trade and the Agreement on Dispute Settlement Rules and Procedures under Schedule 2 of the Marrakesh Agreement.

The table below presents the dispute resolution cases initiated under the ON TRIPS agreement. The TRIPS agreement was implemented within the WTO to provide access to an operational dispute settlement mechanism that could authorize trade sanctions.