Protection of IPRs in Accession to WTO. Accession negotiations Multilateral (rules) Bilateral (individual members’ demands)

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Presentation transcript:

Protection of IPRs in Accession to WTO

Accession negotiations Multilateral (rules) Bilateral (individual members’ demands)

Intellectual property TRIPS standards TRIPS-plus standards

Armenia, Macedonia, Lithuania, Albania and Croatia, Georgia, Estonia, Latvia, Kyrgyz, Mongolia, Bulgaria

Working Party Report Statements by the applicant country explaining elements of the IPRs regime Specific commitments Work program of legislation the applicant country undertakes to adopt according to a schedule

Protocol of Accession References to the Working Party report Commitments are an integral part of the WTO Agreement Enforceability through dispute settlement?

Article XII-Agreement Establishing WTO Accession 1. Any State… may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto. 2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO.

Dispute Settlement Understanding “…settlement of disputes between Members concerning the rights and obligations under the provisions of the Agreement Establishing the World Trade Organisation... taken in isolation or in combination with any other covered agreement” (Art. 1.1)

Flexibility in interpretation Intention to adopt legislation vs. specific commitments Deadline for introducing reforms