WTO Agreements. For the purposes of this Agreement:
WTO Agreements. For the purposes of this Agreement, the following definitions apply:
WTO Agreements. There are no other WTO agreements directly relevant to this subject matter.
WTO Agreements. 5.2 Other international instruments The transitional periods contained in Articles 65, 66.1 refer only to TRIPS obliga- tions. An LDC Member by benefiting from Article 66.1 or from paragraph 7 of the Doha Declaration on TRIPS and Public Health does not infringe the Agreement, but could, at the same time and through the same action, infringe non-TRIPS obligations such as the patent disciplines of the Paris Convention (provided it is a Party to this Convention).36 However, such non-WTO agreements are not en- forceable through trade sanctions, due to the lack of a dispute settlement system comparable to the DSU of the WTO.
WTO Agreements. The WTO agreements specify, in numerous provisions,68 the need to offer tech- nical assistance to developing and LDC Members.69 Each of those provisions relates specifically to the particular subject matter of the respective agreement. 66 For details, see below, Section 6.2.2. 67 See X. Xxxxxx, Can the TRIPS Agreement Xxxxxx Technology Transfer to Developing Countries? Draft of March 2003, submitted to a Conference at Duke University [hereinafter Xxxxxx, Draft]. 68 For a detailed overview of these provisions, see UNCTAD (2001), Compendium of International Arrangements on Transfer of Technology. Selected Instruments, New York and Geneva, p. 52 et seq. [hereinafter Compendium (TOT)].
WTO Agreements. According to Appendix 1 of the DSU, the DSU applies to all WTO multilateral agreements (i.e., Annexes 1A through 1C to the Marrakesh Agreement). As to the plurilateral agreements, (i.e., Annex 4 to the Marrakesh Agreement), the applica- bility of the DSU shall be subject to the adoption of a decision by the parties to each plurilateral agreement setting out the terms for the application of the DSU to the individual agreement, including any special or additional rules or procedures.
WTO Agreements. The Council has specifically been set up for the purpose of monitoring the oper- ation of TRIPS. There is no other WTO organ that could take over this function, except for the General Council in the specific case when a decision needs to be taken and the Members of the Council have not been in a position of reaching such decision. When compared, for example, to the GATS Council, it can be noted that the powers conferred to the Council for TRIPS are considerably greater. Contrary to Article 68, Article XXIV GATS does not authorize the GATS Council to monitor Members’ compliance with their GATS obligations. This difference in the attribu- tion of powers is due to the fact that under TRIPS there are common (minimum) standards that have to be respected by every Member. The extent of GATS obliga- tions, by contrast, depends on each Member’s schedule of specific commitments and thus varies from Member to Member. From a practical point of view, a moni- toring of such commitments appears much more complicated than the review of the common standards under TRIPS.
WTO Agreements. As mentioned above, Article X:6, WTO Agreement, refers to Article 71 in the con- text of simplified adoption procedures. Another WTO provision also dealing with a considerable amount of time. In comparison, acceptance by the Ministerial Conference will be much speedier. 181 Note that according to Article 5, the MFN obligation does not apply in the case of the WIPO treaties on acquisition or maintenance of IPRs. These encompass the Madrid Agreement (and Protocol) Concerning the International Registration of Marks, the Hague Agreement Concerning the International Deposit of Industrial Designs, the Patent Cooperation Treaty, the Trademark Registration Treaty and the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, and certain provisions of the Lisbon Agree- ment for the Protection of Appellations of Origin and their International Registration. The list of such agreements is not fixed, and new multilateral acquisition and maintenance agreements adopted under WIPO auspices would also qualify for national and MFN treatment exemption under Article 5 of the TRIPS Agreement. For details, see Chapter 4. 792 Review and amendment amendments is Article XXX of the GATT 1994, but it is limited to the trade in goods sector.
WTO Agreements. The WTO Agreement provides at Article XVI:5: “5. No reservations may be made in respect of any provision of this Agreement. Reservations in respect of any of the provisions of the Multilateral Trade Agree- ments may only be made to the extent provided for in those Agreements. Reserva- tions in respect of a provision of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.” Article 72, pursuant to Article XVI:5 of the WTO Agreement, governs the extent to which reservations may be entered in respect of TRIPS.
WTO Agreements. The general question of the proper interpretation of terms such as “intellectual property” is common to all WTO Agreements. The term “intellectual property” is unique in the sense that it is the subject of an extensive history of regulation by multilateral instruments outside the WTO context. There are analogies, nonethe- less, in terms such as “national treatment” that were used in various treaty contexts (including in the Paris and Berne Conventions) well before the GATT 1947. The determination of the subject matter scope of “intellectual property” under Article 1.2 might be relevant to other WTO agreements in the sense that subject matter not covered by TRIPS might be principally regulated by another WTO agreement. The extensive incorporation and cross-referencing of TRIPS to the WIPO con- ventions is distinctive to TRIPS (among the WTO agreements).
