Twenty Years Of The World Trade Organization

Author: World Trade Organization
ISBN: 9789287040060
Size: 29.69 MB
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"20 years of the WTO: a retrospective provides an overview of the first two decades of the arbiter of the multilateral trading system. A selection of compelling images and quotes guides the reader through the history of the organization.

Wto Dispute Settlement And The Trips Agreement

Author: Matthew Kennedy
Publisher: Cambridge University Press
ISBN: 1316586383
Size: 19.85 MB
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Members do not provide retrospective relief for non-compliance prior to that date,
even for the period after the panel issued its report. Prior to the establishment of
the WTO, a series of anti-dumping and countervailing duty panel reports from
1985 to 1995 recommended the refund of duties already paid but some were not
adopted, and no refund was actually made in most cases.19 WTO dispute
settlement reports have not followed this practice.20 Retrospective
implementation was ...

Remedies Under The Wto Legal System

Author: R. Rajesh Babu
Publisher: Martinus Nijhoff Publishers
ISBN: 9004209034
Size: 64.81 MB
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The Retrospective Efffect of Remedies Under current practice, WTO Members are
only compensated or only exercise their right to suspend benefijits prospectively.
This means that an illegal measure will have been maintained “for free”
throughout the dis- pute settlement proceedings at least which would be almost
two to three years. By introducing the notion ... 336 Anti-DumpingAgreement and
Article 20,Agreement on Subsides and Countervailing Measures Article 10. 337
Australia ...

Dispute Settlement Reports 2008 Volume 20 Pages 8221 8666

Author: World Trade Organization
Publisher: Cambridge University Press
ISBN: 0521763797
Size: 18.66 MB
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World Trade Organization. (i) the technical complexity of eliminating the simple
zeroing methodology in periodic reviews due to the import-specific assessment of
finalanti-dumping liability under the United States' retrospective system; (ii) the
election of a new Congress and a new President in the United States and
consequential changes in the Administration and the composition of
Congressional committees; and (iii) the existence of similar DSB
recommendations and rulings in ...

Knowledge As Property

Author: Rajshree Chandra
Publisher: Oxford University Press
ISBN: 0199088187
Size: 65.53 MB
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The 1999 amendment (retrospectively effective from 1995) brought one
significant change from the perspective of drug patents. It left prohibition of
product patent on food and ... The Amendment of 2002, under pressure from the
US and the WTO to hasten compatibility with the TRIPS framework, included the
main TRIPS requirements such as a 20-year uniform duration (earlier the process
patent in the field of health and nutrition was only 7 years). In the field of
compulsory licensing, ...

The Wto Case Law Of 2002

Author: Henrik Horn
Publisher: Cambridge University Press
ISBN: 9781139459655
Size: 17.53 MB
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... entering into the sometimes contentious discussion of prospective vs.
retroactive remedies in the WTO, but at the same time wants to benefit marginally
(in the sense that it wishes to see, in case following a complaint to this effect a
WTO panel finds that the US duty is excessive and requests the US to bring their
measures into compliance, the WTO-consistent duty applied to all prior
unliquidated entries: in case for example, a US 20% duty is in place for 3 years,
and a WTO panel finds ...

Beyond The Transition Phase Of Wto

Author: Dipankar Sengupta
Publisher: Academic Foundation
ISBN: 9788171885107
Size: 14.86 MB
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However, truth is, patents can never be awarded retrospectively. Patents can only
... Only items for which no patent has ever been granted in any other WTO
country before 1SI January, 1995 or for which no application was pending for a
patent in any other WTO country as on 1st January 1995 will ever be patentable
in India. This means ... This registration period comes out of the overall patent life
of the medicines, which is now almost universally 20 years from the date of
application ...

Trips Plus 20

Author: Hanns Ullrich
Publisher: Springer
ISBN: 3662481073
Size: 16.20 MB
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Retrospective. The inclusion of intellectual property in the remit of the WTO was
cast in terms of a conditio sine qua non to liberalize trade, put a stop to
counterfeiting and piracy, and create a “level playing field” for the global
production and exploitation of knowledge goods by internalizing jurisdictional
externalities that distort the conditions of interstate competition.10 This also
comprises an argument about “justice” in. 8 U. Loewenheim (1996),
Harmonization and Intellectual Property ...

Wto Appellate Body Repertory Of Reports And Awards

Publisher: Cambridge University Press
ISBN: 1139917226
Size: 66.65 MB
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A.3.40C.1US – Zeroing (Japan) (Article 21.5 – Japan),paras. 166, 168 (WT/
DS322/AB/RW) ... Like Article 9.3.1, which concerns retrospective anti dumping
systems, Article 9.3.2 provides forstrict timelimits on the durationof a refund
procedure. Footnote 20,onwhich the United States reliesfor its arguments on
judicial delay, and which applies to both Articles 9.3.1 and 9.3.2, recognizes that
the observance of these timelimits “may not be possible where the product in
question is subject to ...

Wto Trade Remedies

Author: Peter-Tobias Stoll
Publisher: BRILL
ISBN: 9047427351
Size: 29.54 MB
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If an exporting Member may take a retaliatory measure in the fourth year, does
the maximum permissible extent of the retaliatory measure also depend on the
trade restrictive effects of the safeguard during the first three years? The SA does
not explicitly answer this question. However, to the extent that a Member
postpones the application of a retaliatory measure although the requirements for
the application of such measure are fulfilled, there is no reason to allow a
retrospective ...