Intellectual property
Saudi Arabia, Kingdom of - Measures Concerning the Protection of Intellectual Property Rights
On 16 June 2020 the WTO circulated the panel report in the case brought by Qatar in “Saudi Arabia — Measures concerning the Protection of Intellectual Property Rights” (DS567).
Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging
On 9 June 2020 the Appellate Body issued its reports in the cases brought by Honduras and the Dominican Republic in “Australia — Certain Measures Concerning Trademarks Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging” (DS435 and DS441).
WIPO-WTO colloquium papers 2019
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.
Product Patents and Access to Innovative Medicines in a Post-TRIPS era
This WTO working paper studies availability and affordability of new and innovative pharmaceuticals in a post-TRIPS era. The WTO’s TRIPS Agreement (TRIPS) makes it obligatory for WTO members– except least-developed country members (LDCs) - to provide pharmaceutical product patents with a 20-year protection term. Developing country members other than LDCs were meant to be compliant with this provision of TRIPS by 2005.
A world of opportunities and challenges
Research published by the European Parliament in 2017 claimed that Blockchain could “change our lives” (Boucher 2017). What the various blockchain applications that are being developed in areas as diverse as trade finance trade facilitation trade in services intellectual property and government procurement show is that Blockchain has the potential to impact both the traders and the government agencies involved in international trade significantly. Opportunities are multifaceted but will only be realized if several key challenges are addressed.
Conclusion
Research published by the European Parliament in 2017 claimed that Blockchain could “change our lives” (Boucher 2017). What the various blockchain applications that are being developed in areas as diverse as trade finance trade facilitation trade in services intellectual property and government procurement show is that Blockchain has the potential to impact both the traders and the government agencies involved in international trade significantly. Opportunities are multifaceted but will only be realized if several key challenges are addressed.
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.
Foreword
As we mark the 20th anniversary of the WTO it seems appropriate that we should put a spotlight on the TRIPS Agreement which also turns 20 this year. When the TRIPS Agreement came into being in 1995 it introduced substantive and comprehensive disciplines on intellectual property rights (IPRs) into the multilateral trading system.
Negotiating for Argentina
To prepare a chapter that presents the experiences of a negotiator of the TRIPS Agreement as close as possible to reality is not an easy task. This is because the Agreement is complex as it covers many subjects related to IP and is made up of a set of rules with varied degrees of specificity and detail. Approaching this task 25 years after the negotiations has introduced complications and involuntary distortions that have made this task even more difficult.
Copyright: A Nordic perspective
During the Uruguay Round of multilateral trade negotiations I worked at the Finnish Ministry of Education and Culture where my main responsibilities included copyright law and policy. I participated in coordination of the Nordic countries (Finland Iceland Norway and Sweden) in the capitals and represented the Nordic countries in the later stages of the TRIPS negotiations in Geneva. During the same period I was also actively involved in WIPO’s work on copyright and the protection of layout-designs of integrated circuits and also contributed to the intergovernmental work under various other international and European fora such as the International Convention for the Protection of Performers Producers of Phonograms and Broadcasting Organizations (Rome Convention). Since January 1995 I have served at the WTO Secretariat IP Division.
Copyright: An Indian perspective
My unexpected participation in the TRIPS negotiations as my country’s sole negotiator on copyright remains one of the unforgettable experiences of a 38-year civil service career.
Appendices
I would like to thank you very much for inviting me to this Symposium. It is really great to be back in Geneva. I have indeed very fond memories of my long stay here and coming back gives me the great pleasure to meet dear old friends.
Revisiting the TRIPS negotiations: Genesis and structure of this book
The 1986 Punta del Este Declaration inaugurated a set of negotiations on “traderelated aspects of intellectual property rights” as part of the Uruguay Round mandate for multilateral trade negotiations. These negotiations led ultimately to the conclusion of the TRIPS Agreement an integral element of the single undertaking constituting the legal framework for the newly established WTO which came into existence in 1995.
Preface
This book was conceived in mid-2014 when members of the Intellectual Property Division (IPD) of the WTO began to reflect on what facets of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) could be highlighted for WTO members and the public at large in 2015 a year marking the 20th anniversary both of the WTO and of the entry into force of the TRIPS Agreement. The IPD under the leadership of its Director Antony Taubman planned a capacity-building Symposium on the TRIPS Agreement and a book on TRIPS negotiations informally dubbed the “TRIPS@20” project.
Working together towards TRIPS
The negotiations on IP during the Uruguay Round of multilateral trade negotiations of the GATT (1986–94) were able to build upon a large body of existing law both international and domestic. The main disciplines and notions of IP protection were already well established at the inception of the negotiations in 1986 with the adoption of the Ministerial Declaration in Punta del Este and its compromise that meant that negotiations would be conducted only on so-called trade-related aspects of intellectual property rights. The Paris Convention for the Protection of Industrial Property of 1883 and the Berne Convention for the Protection of Literary and Artistic Works of 1886 – both amounting to the very first multilateral agreements in the field of international economic law long before the advent of the GATT in 1947 – provided the underpinnings in international law.
Negotiating for Switzerland
Learning is a continuing process in one’s life. Some lessons are well archived on our “personal hard disk” with learning by doing being the most efficient method of saving those lessons. Negotiating the TRIPS Agreement was “unforgettable” to cite a famous American TV series. Indeed it is one of the most well-archived and prominent learning experiences of my career. Having been born and grown up in a developing country namely Viet Nam (south) with its realities printed in my DNA I came a long way eventually working at representing a small developed country. Switzerland which is characterized by an economy based on free enterprise innovation and exports of manufactured goods and services as well as by a compromise-oriented “culture” in terms of policy law-making and negotiating set the stage for this learning experience in the field of IP prior during and after the Uruguay Round of multilateral trade negotiations under the GATT.
The Making of the TRIPS Agreement
A comprehensive account of the establishment of the World Trade Organization focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations the WTO’s dispute settlement role the presence of coalitions and groupings within the WTO the process of joining the organization and many other topics including what lies ahead for the organization.
WIPO-WTO colloquium papers 2015
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.
TRIPS Agreement
The establishment of the WTO’s TRIPS (trade-related aspects of intellectual property rights) Agreement in 1995 changed the face of international intellectual property (IP) law and policy-making. TRIPS negotiators recognized that shortcomings and inconsistencies in IP protection can distort trade and impede its benefits. The TRIPS Agreement helps ease trade tensions about IP issues while leaving WTO members ample space to pursue diverse domestic policies. This brochure produced to mark the WTO’s 20th anniversary looks into the use of IP rights covered by the Agreement.
Intellectual Property Rights Protection and Export Diversification
We examine in this paper the impact of the tightening of IPRs notably patents rights and the adoption of utility model laws on export diversification. To perform our analysis we used panel data covering 89 developing and developed countries (of which 55 developing countries) over the period 1975 – 2003 and Lewbel (-2012-)'s instrumental variable technique. Our results lead us to conclude that for developing countries legal protection for minor and adaptive inventions could be a springboard for further strengthening of IPRs protection in spurring export diversification which is essential for the structural change needed for their economic development.