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WTO
(THE WORLD TRADE ORGANISATION)

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y The World Trade Organization is the most
powerful legislative and judicial body in the
world. By promoting the "free trade"
agenda of multinational corporations above
the interests of local communities, working
families, and the environment, the WTO has
systematically undermined democracy
around the world.

y WTO was established in 1 Jan 1995
y It was established to enforce the rules and regulations
for international trade in goods and services.
y Proper dispute settlement mechanism was also
introduced.
y WTO has a three layered structure
1. Ministerial Conference
2. General Council
3. Goods council, services council and Intellectual
property council.
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y GATT was signed in 1947with 23
industrialized nations as its founding
members.
y Main aim of this body was to reduce
tariff and other trade related barriers.
y Continual reduction in tariff helped
increasing growth rate during 1950s and
1960s.


y With globalization and increase in trade in


services required a new effort to reinforce
and extend the multilateral trade system.
y Thus during the Uruguay round WTO was
created.
y WTO has 153 members .
 
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y General agreement on trade in services. (GATS).
y The agreement establishing the WTO.
y Goods and investment ²The multilateral agreement on
Trade in goods including the GATT 1994 and the trade
related investment measures.
y Intellectual Property ²The agreement on trade related
aspects of intellectual property
y Rights.(TRIPS)
y Dispute settlement (DSU).
y Reviews of governments trade policies (TPRM).
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]Reducing Domestic support in the form


of trade distorting subsidies.
]Giving export subsidies so that export
becomes aritificially competitive.
]Improving market access by removing
trade restrictions.
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It is the GATT Uruguay Round Agreement on ´Trade-


Related Intellectual Propertyµ.It deals with the
protection & enforcement of ´Trade-Relatedµ intellectual
property ´rightsµ.
What is ´Intellectual Propertyµ?
Intellectual Property comprises 2 distinct forms:
* Literary & Artistic Works
* Industrial Property

Literary & Artistic Worksµ are books, paintings, musical
compositions, plays, operas, movies, radio/TV
programs, performances, & other artistic works.
How are they Protected?
They are protected by ´Copyrightµ which provides
the individual ´authorµ or ´artistµ the exclusive right to
do certain things with an ´original workµ, including
the right to reproduce, publish, perform the work in
public, & to make adaptations of it & benefit thereby.
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1) Because companies & individuals expend a lot of


investment.
in time, energy, & G into conceptualization &
production of new
& innovative products & processes (services) &
they have a  , at
least for a period of time, to:
* have their name associated with their product
and/or their
authorship associated with it
*

get paid for their efforts & to recover their
investment.
2) So authors & inventors have a right to be
protected for their
efforts.
3) Protection stimulates creativity and
innovation necessary for
productivity, competitiveness, and national
economic development.
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y How TRIMs Violate the GATT/WTO


Framework:
TRIMs are seen as equivalent to historical
trade barriers, e.g.,- by forcing foreign
firms to use domestic components, they
raise the price of these components, with
the same effect as tariffs or quantitative
restrictions.- if equivalent to quantitative
restrictions,

They violate of the GATT.

TRIMs 
G between domestic &
foreign.
goods thereby violating (National
Treatment) of the GATT.
 
y The creation of the GATS was one of the
landmark achievements of the Uruguay
Round, whose results entered into force in
January 1995. The GATS was inspired by
essentially the same objectives as its
counterpart in merchandise trade, the
General Agreement on Tariffs and Trade
(GATT): creating a credible and reliable
system of international trade rules; ensuring
fair and equitable treatment of all

y participants (principle of non-
discrimination); stimulating economic
activity through guaranteed policy bindings;
and promoting trade and development
through progressive liberalization.
å $
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y It overseas the implementation
administration and operation
of the covered agreement .
y It provides a forum for negotiation and
for settling disputes .
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y It is the improvement over GATT.
y DSB looks after dispute settlement
mechanism.
y It has subsidiary bodies for investigations.
y These are working groups, panels,
permanent expert groups, arbitration.
y O   Holding consultation
between member countries so that it is
mutually satisfactory.

Any request for consultation should be filed to the
dispute settlement body. If it is not settled within
sixty days the party may request for panel
establishment.
y p
    Panel is set up by
dispute settlement body and the member request
the authority in writing.
y      panel consists of 3-5
members and examines complaints and give their
findings and recommendations. But it should not
exceed more than 6 months and it can be even
shortened to 3 months.

y      : DSB adopts the
panel report after 60 days after it is issued and
before that any member can give in writing the
objection to DSB.
y      Opportunity of appeal to
either party in a panel proceeding. Its proceedings
cannot exceed 60 days.
y m    Compliance with
recommendation is necessary. Thirty days after
the adoption of panel report or the report of
appellate body the party concerned must report to
DSB about their intentions.
THANK YOU

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