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. 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. Disputes 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.