About the WTO
Introduction to the TRIPS Agreement
This chapter provides an overview of the TRIPS Agreement. It first explains the historical and legal background of the Agreement and its place in the World Trade Organization (WTO). It then turns to the general provisions and basic principles as well as other provisions and institutional arrangements that apply to all the categories of intellectual property rights (IPRs) covered by TRIPS. Chapters II to VIII then discuss each of these categories their essential principles and their administration and enforcement in more detail.
Geographical indications
This chapter explains the provisions of Section 3 of Part II of the TRIPS Agreement entitled ‘Geographical Indications’. A geographical indication (GI) is defined in the TRIPS Agreement as an indication which identifies a good as originating in the territory of a member or a regional locality in that territory where a given quality reputation or other characteristic of the good is essentially attributable to its geographical origin. Typical examples would be ‘Cognac’ for a brandy coming from that region of France and ‘Darjeeling’ for tea coming from that region of India.
Undisclosed information, unfair competition and anti-competitive practices
This chapter deals with the provisions of the TRIPS Agreement that set out standards for protection of undisclosed information including test data (Article 39 of Section 7 in Part II of the Agreement) and measures for the control of anti-competitive practices in licences (Article 40 of Part II of the TRIPS Agreement). It also deals with the suppression of unfair competition a matter which is specifically referred to in Articles 22 (relating to protection of geographical indications) and 39 (relating to protection of undisclosed information) and also arises through the reference in Article 2 of the TRIPS Agreement to the Paris Convention: Article 10bis of that convention sets out general standards for the suppression of unfair competition. As for all sections of Part II these sections have to be read together with the relevant provisions of pre-existing treaties in the area of international IP law which are incorporated by reference into the TRIPS Agreement. Reference will be made to these treaties in the sections below. This chapter will also have to be read in conjunction with other relevant provisions of the TRIPS Agreement explained in other chapters (such as concerning non-discrimination enforcement of IP rights and the administration of IP). Wherever appropriate cross-references are made to other chapters.
Industrial designs and layout-designs of integrated circuits
This chapter deals with the provisions of the TRIPS Agreement that set out standards for protection of industrial designs (Articles 25 and 26 in Section 4 of Part II of the Agreement) and protection of layout-designs or topographies of integrated circuits (Articles 35 to 38 in Section 6 of Part II). As for all sections of Part II these sections have to be read together with the relevant provisions of pre-existing treaties in the area of international IP law which are incorporated by reference into the TRIPS Agreement. Reference will be made to these treaties in the sections below. This chapter will also have to be read in conjunction with other relevant provisions of the TRIPS Agreement that are explained in other chapters (such as those concerning non-discrimination enforcement of IP rights and the administration of IP). Wherever appropriate cross-references are made to other chapters.
Enforcement
The purpose of this chapter is to introduce the key features of the provisions of Part III Sections 1 to 5 of the TRIPS Agreement entitled ‘Enforcement of Intellectual Property Rights’. This Part of the Agreement elaborates in 21 articles the enforcement procedures that members have to make available to permit prompt and effective action against infringements of IPRs covered by the TRIPS Agreement.
A Handbook on the WTO TRIPS Agreement
This Handbook describes the historical and legal background to the TRIPS Agreement its role in the WTO and its institutional framework. It reviews the following areas: general provisions and basic principles; copyright and related rights; trademarks; geographical indications; patents; industrial designs layout-designs undisclosed information and anti-competitive practices; enforcement of IPRs; dispute settlement in the context of the TRIPS Agreement; TRIPS and public health; and current TRIPS issues. It contains a guide to TRIPS notifications by WTO members and describes how to access the official documentation relating to the TRIPS Agreement and related issues. Furthermore it includes the legal texts of the TRIPS Agreement and the relevant provisions of the WIPO conventions referred to in it as well as subsequent relevant WTO instruments and related non-WTO treaties. The new edition covers the public health revision of the Agreement that entered into force in 2017 and provides updates on other recent developments.
Illicit Trade and Infectious Diseases
We collect a novel dataset that covers about 130 countries and the six four-digit live animal categories in the Harmonized System (HS) over a sixteen-year period to study the link between illicit trade in live animals and threat to animal health from infectious diseases.
Indonesia - Measures Concerning the Importation of Chicken Meat and Chicken Products
On 10 November 2020 the WTO circulated the compliance panel report in the case brought by Brazil in “Indonesia — Measures Concerning the Importation of Chicken Meat and Chicken Products” (DS484).
Patent-Related Actions taken in WTO Members in Response to the COVID-19 Pandemic
COVID-19 caused by SARS-Cov-2 was declared to be a pandemic by the World Health Organization on 11 March 2020. Since then the issue of the relationship between patent protection and the development of and access to medical treatments and technologies – a longstanding and enduringly important public policy issue – has become central to the debate on the linkages between IP innovation access and public health between stakeholders with divergent interests.
Introduction
This booklet by the Trade and Environment Division of the World Trade Organization (WTO) aims at improving understanding of the role of trade and trade rules with regards to environmental issues. It seeks to answer in easyto- understand terms some of the key questions of the trade and environment debate as they relate to the multilateral trading system. In this sense it is not an exhaustive analysis of the issues covered but rather an attempt to provide basic information and examples to answer some common questions raised about trade and the environment.
What is the role of the WTO in furthering members’ environmental policies?
The WTO advocates for rules-based trade not free-for-all trade. WTO rules by providing predictability and ensuring that protectionism is not introduced through the back door contribute to more effective and coherent environment-related trade policies.
Since WTO rules do not prevent environmental action, what do they say?
When it comes to the environment the basic thrust of WTO rules is that environmental objectives should not be used as an excuse to protect domestic producers.
What are the links between trade and the environment?
The world economy has changed profoundly over the past decades as there has been a sharp increase in population and a near tripling of average income since 1960. During this period our economies have become ever more integrated due to advances in communication and information technologies along with lower barriers to global trade and investment.
Can governments provide green support?
Since 2009 more than 5000 support measures for a host of environmental objectives have been notified to the WTO.
Do WTO commitments prevent governments from protecting the environment?
The first paragraph of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement) states that sustainable development and the protection of the environment are central objectives of the multilateral trading system.
Short Answers to Big Questions on the WTO and the Environment
This booklet by the Trade and Environment Division aims at improving understanding of the role of trade and trade rules with regards to environmental issues. It seeks to answer in easy-to-understand terms some of the key questions of the trade and environment debate as they relate to the multilateral trading system.
International Trade in Travel and Tourism Services
In this paper we investigate tourism-related policy approaches that WTO member countries adopted in the early weeks of the COVID-19 crisis. We highlight the need for stakeholders to coordinate their responses in order to mitigate the negative crisis effects and better prepare the sector for the future. In doing so we explore the economic impact of potential tourism scenarios underlining both the demand and supply side effects of the crisis.
25 Years of the WTO: A Photographic Retrospective
“25 years of the WTO: A Photographic Retrospective” captures some of the key moments in the life of the WTO since it came into being on 1 January 1995. Over 150 photos provide insights into the work of the organization over the past quarter of a century reflecting 25 years of challenges successes and perseverance.
United States - Tariff Measures on Certain Goods from China
On 15 September 2020 the WTO circulated the dispute panel report in the case brought by China in “United States — Tariff Measures on Certain Goods from China” (DS543)..
United States - Countervailing Measures on Softwood Lumber from Canada
On 24 August 2020 the WTO circulated the dispute panel report in the case brought by Canada in “United States - Countervailing Measures on Softwood Lumber from Canada” (DS533).
European Union - Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia - (Second complaint)
On 24 July 2020 the WTO circulated the dispute panel report in the case brought by the Russian Federation in “European Union - Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia - Second complaint)” (DS494).