Un spectacle de Lucienne & Solange
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Article 64(2) of the TRIPS Agreement delayed the complaints referred to in Article XXIII(1)(b) and (c) of the GATT 1994 by a period of five years from the entry into force of the WTO Agreement. Article 64(3) instructed the Ad Hoc Council to examine the scope and modalities of such complaints during that period and to submit recommendations to the Ministerial Conference for approval. This “moratorium” on the use of non-violation and situation complaints has been extended several times, most recently by the Bali Ministerial Conference in 2013. The latter decision is available below. In addition, the following documents contain a summary by the WTO Secretariat of the points raised by members during the Council`s substantive consideration of non-violation and situation complaints. The TRIPS Agreement was implemented within the WTO in order to gain access to an operational dispute settlement mechanism that could allow for trade sanctions. However, TRIPS and the WTO`s understanding of dispute settlement are based on systems that have developed independently of each other within WIPO and GATT. In this book, Matthew Kennedy highlights the challenges posed by the integration and independence of TRIPS within the WTO, examining how this trade organization handles intellectual property disputes. It contrasts with the way intellectual property disputes were handled between governments before and after the creation of the WTO. Based on practical experience, this book provides a comprehensive overview of the issues arising under the DSU, TRIPS, GATT 1994 and other WTO agreements on intellectual property.

These range from procedural pitfalls to substantive interpretations of the contract and conflicts, to remedies, including cross-remedies. “This excellent book by Pr. .