Intellectual property
Introduction
The world is continually changing driven by technological innovations that affect the way we live and do business. The history of the world economy is intimately linked to technological progress. The invention of the steam engine mechanized production the discovery of electricity enabled mass production and the rise of the internet made it possible to coordinate various production stages at a distance leading to a fragmentation of production that gave rise to global value chains.
Acknowledgements
My sincere thanks go to my colleague Ms Kenza Le Mentec for her precious guidance. Kenza introduced me to the subject and provided invaluable inputs in particular for the technical sections describing the technology and the section on trade facilitation. This publication would not have been possible without her support.
Can blockchain revolutionize international trade?
Trade has always been shaped by technological innovation. In recent times a new technology Blockchain has been greeted by many as the next big game-changer. Can Blockchain revolutionize international trade? This publication seeks to demystify the Blockchain phenomenon by providing a basic explanation of the technology. It analyses the relevance of this technology for international trade by reviewing how it is currently used or can be used in the various areas covered by WTO rules. In doing so it provides an insight into the extent to which this technology could affect cross-border trade in goods and services and intellectual property rights. It discusses the potential of Blockchain for reducing trade costs and enhancing supply chain transparency as well as the opportunities it provides for small-scale producers and companies. Finally it reviews various challenges that must be addressed before the technology can be used on a wide scale and have a significant impact on international trade.
Can Blockchain revolutionize international trade?
The number of headlines claiming that Blockchain can revolutionize various areas of international trade from trade finance to customs procedures and intellectual property are legion. The transparent decentralized and immutable nature of Blockchain has sparked the interest of private actors – and governments – to explore the potential of this technology to enhance the efficiency of trade processes and a myriad of proofs of concepts and pilot projects using Blockchain have been developed in virtually all areas of international trade.
WIPO-WTO colloquium papers 2018
The WIPO-WTO Colloquium Papers is a peer-reviewed academic journal published jointly by the World Intellectual Property Organization and the World Trade Organization each year since 2010. Providing a uniquely representative and diverse showcase for emerging IP scholarship from across the globe the journal aims to stimulate analysis and debate on intellectual property (IP) issues particularly of interest to developing countries. And it offers an avenue for the dissemination of a broader and more geographically diverse and representative range of scholarship than is common in much of the academic literature on IP law and policy.
Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging
On 28 June 2018 the WTO circulated the panel report in the cases brought by Honduras the Dominican Republic Cuba and Indonesia in “Australia — Certain Measures Concerning Trademarks Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging.
Competition Agency Guidelines and Policy Initiatives Regarding the Application of Competition Law Vis-À-Vis Intellectual Property
Competition agency guidelines policy statements and related advocacy are an important vehicle for policy expression and the guidance of firms across the full spectrum of anti-competitive practices and market conduct.
Least-Developed Countries, Transfer of Technology and the Trips Agreement
This paper examines the background of Article 66.2 of the TRIPS Agreement the nature of this obligation on developed country Members that pertains to the promotion of technology transfer to LDC Members and how it is being implemented and how such implementation is being monitored in the TRIPS Council.
The Application of Competition Policy Vis-À-Vis Intellectual Property Rights
This paper examines the evolution of national competition (antitrust) policies and enforcement approaches vis-à-vis intellectual property rights (IPRs) and associated anti-competitive practices in major jurisdictions over the past several decades. It focuses especially on the underlying process of economic learning that has the authors suggest driven relevant policy changes.
WIPO-WTO colloquium papers 2017
The WIPO-WTO Colloquium Papers is a peer-reviewed academic journal published jointly by the World Intellectual Property Organization and the World Trade Organization each year since 2010. Providing a uniquely representative and diverse showcase for emerging IP scholarship from across the globe the journal aims to stimulate analysis and debate on intellectual property (IP) issues particularly of interest to developing countries. And it offers an avenue for the dissemination of a broader and more geographically diverse and representative range of scholarship than is common in much of the academic literature on IP law and policy.
Interplay Between Patents and Standards in the Information and Communication Technology (ICT) Sector and its Relevance to the Implementation of the WTO Agreements
The interplay between patents and standards in the information and communication technology (ICT) sector has been intensively debated at international regional and national levels over the past decades. In essence the debate is firstly about the extent and impact of patent holdup and holdout in the ICT sector and then about how to eliminate or reduce these practices.
WIPO-WTO colloquium papers 2016
The WIPO-WTO Colloquium Papers is a peer-reviewed academic journal published jointly by the World Intellectual Property Organization and the World Trade Organization each year since 2010. Providing a uniquely representative and diverse showcase for emerging IP scholarship from across the globe the journal aims to stimulate analysis and debate on intellectual property (IP) issues particularly of interest to developing countries. And it offers an avenue for the dissemination of a broader and more geographically diverse and representative range of scholarship than is common in much of the academic literature on IP law and policy.
Some memories of the unique TRIPS negotiations
The invitation to contribute to this book was certainly a pleasant surprise. The question for me was what I should write about: I had not been one of the negotiators and the chapter on the TRIPS negotiations from the perspective of the GATT Secretariat is dealt with by Adrian Otten who was the Secretary of the TRIPS Negotiating Group. Several suggestions were made by my co-authors and upon reflection I decided to contribute with just a short compilation of some memories in respect of a diverse set of aspects whether trade-related or not.
Why we managed to succeed in TRIPS
There have been many books and articles written about the TRIPS Agreement. Most go into great detail over the costs and benefits of the various provisions of the Agreement. As one of the negotiators of the Agreement I will not attempt to debate such an analysis. Rather this chapter will provide brief personal reflections of my experiences during the negotiations which have had a significant impact on the rest of my career as a Canadian diplomat focusing on trade issues.
Dispute settlement in TRIPS: A two-edged sword
In the Uruguay Round of multilateral trade negotiations under the GATT the negotiations on the TRIPS Agreement were not alone in making a slow start. IPRs were a radically new subject matter for the GATT. There was both uncertainty as to just what could be considered trade-related aspects of IPRs and disagreement over the appropriateness of trying to incorporate them into a negotiation about goods. The constructive ambiguity of the mandate – necessary to achieve consensus at Punta del Este – led to strong disagreement over what did or did not fall within it. This disagreement continued throughout most of the negotiations and was only attenuated towards the end.
Negotiating for Hong Kong
Hong Kong’s overall approach to the TRIPS negotiations was made clear to the other participants from an early stage: Hong Kong held itself out as the exemplar of free trade with a mature respected legal system providing comprehensive protection across the range of IP to right holders.
Patents: An Indian perspective
In this chapter I share my recollections as a representative of India from 1989–90 in the TRIPS negotiations focusing on India’s defensive interests with respect to the patent provisions of the TRIPS Agreement. I also include some relevant background information as well as some recollections of my interaction with other parties to the TRIPS negotiations.
The TRIPS negotiations: An overview
As a former official within the Secretariat of the GATT/WTO with responsibility for TRIPS matters my aim in this chapter is to set the scene for the contributions to this book of the negotiators themselves by outlining the origins and various stages of the negotiations that led to the TRIPS Agreement. I will also make some general observations on the negotiations in particular on how it proved possible to negotiate an agreement as substantial as the TRIPS Agreement and on why the WTO has been finding it difficult to achieve results comparable to those of the Uruguay Round of multilateral trade negotiations. I will of course do this from the perspective of a former Secretariat official; other chapters will add additional perspectives. I should add that I left the WTO Secretariat in 2008.