Beruflich Dokumente
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GATT
Presented By:
Tanay Sinha
Aim at expanding competency of
GATT to new areas.
CRITICISMS
By groups such as Oxfam
NGO such as Health Gap and Global Trade
Watch
General Agreement On Tariffs &
Trade
Fundamental Principles
Services
TRIPS
Labor
Paragraph 1: “We recognize the gravity of public health
problems afflicting many developing and least developed
countries, especially those resulting from HIV/ AIDS,
tuberculosis, malaria and other epidemics”.
Paragraph 2: “We stress the need for the WTO Agreement on
Trade-related Aspects of Intellectual Property Rights (TRIPs
Agreement) to be part of the wider national and international
action to address these problems”.
Paragraph 3: “We recognize that intellectual property
protection is important for the development of new medicines.
We also recognize the concerns about its effects on prices”.
Paragraph 4: “The TRIPS Agreement does not and should not
prevent members from taking measures to protect public
health. Accordingly, reiterating our commitment to the TRIPS
Agreement, we affirm that the Agreement can and should be
interpreted and implemented in a manner supportive of WTO
members’ right to protect public health and, in particular, to
promote access to medicines for all”.
The agreements fall into a simple structure with six main parts:
Agreements for each of the three broad areas of trade that the WTO
covers: goods and investment (the Multilateral Agreements on Trade in
Goods including the GATT 1994 and the Trade Related Investment
Measures (TRIMS), General Agreement on Trade in Services (GATS), and
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS)
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Non-discrimination features prominently in TRIPS, similar
to GATT and GATS by following principles of:
National Treatment (Article 3): Equal treatment for
foreign and domestic individuals and companies
Most Favored Nation (Article 4): Equal treatment for
nationals of all trading partners in the WTO
TRIPS Agreement has additional important principle:
Intellectual property protection should contribute to
technical innovation and transfer of technology
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COPYRIGHTS
TRADEMARKS
GEOGRAPHICAL INDICATIONS
INDUSTRIAL DESIGNS
PATENTS
LAYOUT DESIGN of INTEGRATED
CIRCUITS AND TRADE SECRETS
Setting minimum standards.
Enforcement
15
Benefits and costs of higher IP standards
for developing countries
Protection of traditional knowledge and
culture
Biological diversity
Health
Food
Investment and transfer of technology
16
Trade Related Investment Measures Agreement
(TRIMS) came into effect on 1 January, 1995 as
part of the Uruguay Round negotiations.
It prohibited member countries making the
approval of investment conditional on compliance
with laws, policies or administrative regulations
that favored domestic products.
Local content requirements where governments
require enterprises to use or purchase domestic
products.
Trade balancing measures where governments
impose restrictions on imports by an enterprise or
link the amount of imports to the level of its exports.
Foreign exchange balancing requirements where an
enterprise has the level of imports linked to the
value of its exports in order to maintain a net foreign
exchange earnings.
The lack of a precise definition
means that the issue is not always
clear cut and there has been
considerable disagreement as to
whether or not certain measures
are covered by the Agreement.
9 developing countries have applied for
extension of transition period in respect of
certain TRIMs which had been notified by
them.
Members who have not notified TRIMs or
have not yet requested an extension are to
be pursued as a matter of priority, under the
aegis of the General Council, by the
Chairman of the Council for Trade in Goods.
The General Agreement on Tariffs and Trade
(GATT), was established after World War II in the
wake of other new multilateral institutions
dedicated to international economic cooperation.
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THANK
YOU