Sr.no Title Page no1 History 2

1.1 Gatt round of negotiation 2 Geneva to Tokyo 2 Uruguay round 3 Ministerial conference 4 Doha round 4

2 Function 53 Principal of the trading system 64 Organizational structure 75 Agreement 13

TRIPS Agreement 13 TRIMS Agreement 26

6 Bibliography

WTO AND ITS VARIOUS AGREEMENT

IN PARTIAL FULFILMENT OF THE REQUIREMENT UNDER SEMESTER BASED

CREDIT & GRADING SYSTEM FOR POST GRADUATE SEMESTER I

Program under faculty of commerce

MASTER OF COMMERCE (EVENING)

SYDENHAM COLLEGE OF COMMERCE & ECONOMICS

SUBMITTED BY:

AKASH MAHADEV TOKE

ROLL NO: 52

PROJECT GUIDE:

Dr. Anil R. Chougule (M.A, MPhil, NET, Ph.D.) Assistant professor

SYDENHAM COLLEGE OF COMMERCE &

ECONOMICS

2014-2015

DECLARATION

I Mr. AKASH TOKE the student of M.Com-I (Evening) 1ST.Semester (2014-

2015), hereby declare that I have completed the project on “”. The information

submitted is true and original to the best of my knowledge.

Signature of student:

_________________

AKASH MAHADEV TOKE

Roll No: 52

CERTIFICATE

This is to certify that Mr. AKASH MAHADEV TOKE of M.Com-I (Evening)

Semester-I (2014-2015) has successfully completed the Project on “WTO AND

ITS AGREEMENT ” under the guidance of Dr. Anil R. Chougule.

1) Project Guide: ___________________

2) Internal Examiner: ________________

3) External Examiner: ________________

DATE: ____________________

PLACE: ___________________

ACKNOWLEDGEMENT

I would firstly like to thank the “UNIVERSITY OF MUMBAI “for giving us the

liberty of choosing such topic which will be benefited to us in future. I would like

to thanks the Principal of Sydenham College Dr. Annasaheb Khemnar for giving

me the opportunity to study in this esteemed college and doing the course of

Accountancy. I would like to express my sincere gratitude and thanks to Dr. Anil

R. Chugule who is my project guide, as he has been the guiding light for this

project and has also provided me with the best of my knowledge, advice and

encouragement which helped me in successful completion of my project.

My colleagues and specially my parents who have also supported and encouraged

me, the success of this project to the large extent is also dedicated to them.

I would also like to thank all those who have helped me and whom I have forgotten to mention in this

space

SIGNATURE OF STUDENT: ______________

INTRODUCTION

The World Trade Organization (WTO) is an organization that intends to supervise

and liberalize international trade. The organization officially commenced on 1 January

1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and

Trade (GATT), which commenced in 1948 The organization deals with regulation of

trade between participating countries by providing a framework for negotiating and

formalizing trade agreements and a dispute resolution process aimed at enforcing

participant's adherence to WTO agreements, which are signed by representatives of

member government and ratified by their parliaments.Most of the issues that the WTO

focuses on derive from previous trade negotiations, especially from the Uruguay

Round (1986–1994).

The organization is attempting to complete negotiations on the Doha Development

Round, which was launched in 2001 with an explicit focus on addressing the needs of

developing countries. As of June 2012, the future of the Doha Round remained

uncertain: the work programme lists 21 subjects in which the original deadline of 1

January 2005 was missed, and the round is still incomplete. The conflict between free

trade on industrial goods and services but retention of protectionism on farm

subsidies to domestic agricultural sector (requested by developed countries) and

the substantiation of the international liberalization of fair trade on agricultural products

(requested by developing countries) remain the major obstacles. These points of

contention have hindered any progress to launch new WTO negotiations beyond the

Doha Development Round. As a result of this impasse, there has been an increasing

number of bilateral free trade agreements signed. As of July 2012, there were various

negotiation groups in the WTO system for the current agricultural trade negotiation

which is in the condition of stalemate.

WTO's current Director-General is Roberto Azevêdo, who leads a staff of over 600

people in Geneva, Switzerland. A trade facilitation agreement known as the Bali

Package was reached by all members on 7 December 2013, the first comprehensive

agreement in the organization's history.

History

The economists Harry White (left) and John Maynard Keynes at theBretton Woods

Conference. Both had been strong advocates of a central-controlled international trade

environment and recommended the establishment of three institutions: theIMF (for fiscal

and monetary issues); the World Bank (for financial and structural issues); and

the ITO (for international economic cooperation).

The WTO's predecessor, 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 – notably the Bretton Woods

institutions known as the World Bankand the International Monetary Fund. A

comparable international institution for trade, named the International Trade

Organization was successfully negotiated. The ITO was to be a United Nations

specialized agency and would address not only trade barriers but other issues indirectly

related to trade, including employment, investment, restrictive business practices, and

commodity agreements. But the ITO treaty was not approved by the U.S. and a few

other signatories and never went into effect.

In the absence of an international organization for trade, the GATT would over the years

"transform itself" into a de facto international organization.

GATT rounds of negotiations

The GATT was the only multilateral instrument governing international trade from 1946

until the WTO was established on 1 January 1995.Despite attempts in the mid-1950s

and 1960s to create some form of institutional mechanism for international trade, the

GATT continued to operate for almost half a century as a semi-institutionalized

multilateral treaty regime on a provisional basis.

From Geneva to Tokyo

Seven rounds of negotiations occurred under GATT. The first real GATT trade rounds

concentrated on further reducing tariffs. Then, theKennedy Round in the mid-sixties

brought about a GATT anti-dumping Agreement and a section on development.

Because these plurilateral agreements were not accepted by the full GATT

membership, they were often informally called "codes". Several of these codes were

amended in the Uruguay Round, and turned into multilateral commitments accepted by

all WTO members. Only four remained plurilateral (those on government procurement,

bovine meat, civil aircraft and dairy products), but in 1997 WTO members agreed to

terminate the bovine meat and dairy agreements, leaving only two.

Uruguay Round

During the Doha Round, the US government blamed Brazil and India for being inflexible

and the EU for impeding agricultural imports.[23] The then-President of Brazil, Luiz Inácio

Lula da Silva (above right), responded to the criticisms by arguing that progress would

only be achieved if the richest countries (especially the US and countries in the EU)

made deeper cuts in agricultural subsidies and further opened their markets for

agricultural goods.

The GATT still exists as the WTO's umbrella treaty for trade in goods, updated as a

result of the Uruguay Round negotiations (a distinction is made between GATT 1994,

the updated parts of GATT, and GATT 1947, the original agreement which is still the

heart of GATT 1994). GATT 1994 is not however the only legally binding agreement

included via the Final Act at Marrakesh; a long list of about 60 agreements, annexes,

decisions and understandings was adopted. The agreements fall into a structure with

six main parts:

The Agreement Establishing the WTO

Goods  and investment – the Multilateral Agreements on Trade in Goods including

the GATT 1994 and the Trade Related Investment Measures (TRIMS)

Services  — the General Agreement on Trade in Services

Intellectual property – the Agreement on Trade-Related Aspects of Intellectual

Property Rights (TRIPS)

Dispute settlement (DSU)

Reviews of governments' trade policies (TPRM)

In terms of the WTO's principle relating to tariff "ceiling-binding" (No. 3), the Uruguay

Round has been successful in increasing binding commitments by both developed and

developing countries, as may be seen in the percentages of tariffs bound before and

after the 1986–1994 talks.

Ministerial conferences

The highest decision-making body of the WTO is the Ministerial Conference, which

usually meets every two years. It brings together all members of the WTO, all of which

are countries or customs unions. The Ministerial Conference can take decisions on all

matters under any of the multilateral trade agreements. The inaugural ministerial

conference was held in Singapore in 1996. Disagreements between largely developed

and developing economies emerged during this conference over four issues initiated by

this conference, which led to them being collectively referred to as the "Singapore

issues". The second ministerial conference was held in Geneva in Switzerland.

The third conference in Seattle, Washington ended in failure, with massive

demonstrations and police and National Guard crowd-control efforts drawing worldwide

attention. The fourth ministerial conference was held in Doha in the Persian Gulf nation

of Qatar.

The sixth WTO ministerial conference was held in Hong Kong from 13–18 December

2005. It was considered vital if the four-year-old Doha Development Round negotiations

were to move forward sufficiently to conclude the round in 2006. In this meeting,

countries agreed to phase out all their agricultural export subsidies by the end of 2013,

and terminate any cotton export subsidies by the end of 2006. Further concessions to

developing countries included an agreement to introduce duty-free, tariff-free access for

goods from the Least Developed Countries, following the Everything but Arms initiative

of the European Union — but with up to 3% of tariff lines exempted. Other major issues

were left for further negotiation to be completed by the end of 2010. The WTO General

Council, on 26 May 2009, agreed to hold a seventh WTO ministerial conference session

in Geneva from 30 November-3 December 2009.The general theme for discussion was

"The WTO, the Multilateral Trading System and the Current Global Economic

Environment"

Doha Round (Doha Agenda)

The WTO launched the current round of negotiations, the Doha Development Round, at

the fourth ministerial conference in Doha, Qatar in November 2001. This was to be an

ambitious effort to make globalization more inclusive and help the world's poor,

particularly by slashing barriers and subsidies in farming. The initial agenda comprised

both further trade liberalization and new rule-making, underpinned by commitments to

strengthen substantial assistance to developing countries.

The negotiations have been highly contentious. Disagreements still continue over

several key areas including agriculture subsidies, which emerged as critical in July

2006. According to a European Union statement, "The 2008 Ministerial meeting broke

down over a disagreement between exporters of agricultural bulk commodities and

countries with large numbers of subsistence farmers on the precise terms of a 'special

safeguard measure' to protect farmers from surges in imports." The position of

the European Commission is that "The successful conclusion of the Doha negotiations

would confirm the central role of multilateral liberalisation and rule-making."He added:

“...we are not yet close to agreement—in fact, the substantive discussion of the

proposal is only beginning.”

Functions

Among the various functions of the WTO, these are regarded by analysts as the most

important:

It oversees the implementation, administration and operation of the covered

agreements.

It provides a forum for negotiations and for settling disputes.

Additionally, it is the WTO's duty to review and propagate the national trade policies,

and to ensure the coherence and transparency of trade policies through surveillance in

global economic policy-making. Another priority of the WTO is the assistance

of developing, least-developed and low-income countries in transition to adjust to WTO

rules and disciplines through technical cooperation and training.

(i) The WTO shall facilitate the implementation, administration and operation and

further the objectives of this Agreement and of the Multilateral Trade Agreements, and

shall also provide the frame work for the implementation, administration and operation

of the multilateral Trade Agreements.

(ii) The WTO shall provide the forum for negotiations among its members concerning

their multilateral trade relations in matters dealt with under the Agreement in the

Annexes to this Agreement.

(iii) The WTO shall administer the Understanding on Rules and Procedures Governing

the Settlement of Disputes.

(iv) The WTO shall administer Trade Policy Review Mechanism.

(v) With a view to achieving greater coherence in global economic policy making, the

WTO shall cooperate, as appropriate, with the international Monetary Fund (IMF) and

with the International Bank for Reconstruction and Development (IBRD) and its affiliated

agencies. 

The above five listings are the additional functions of the World Trade Organization. As

globalization proceeds in today's society, the necessity of an International

Organization to manage the trading systems has been of vital importance.

The WTO is also a center of economic research and analysis: regular assessments of

the global trade picture in its annual publications and research reports on specific topics

are produced by the organization. Finally, the WTO cooperates closely with the two

other components of the Bretton Woods system, the IMF and the World Bank.

Principles of the trading system

The WTO establishes a framework for trade policies; it does not define or specify

outcomes. That is, it is concerned with setting the rules of the trade policy games. Five

principles are of particular importance in understanding both the pre-1994 GATT and

the WTO:

1. Non-discrimination. It has two major components: the most favoured

nation (MFN) rule, and the national treatment policy. Both are embedded in the

main WTO rules on goods, services, and intellectual property, but their precise

scope and nature differ across these areas. Reciprocity. It reflects both a desire

to limit the scope of free-riding that may arise because of the MFN rule, and a

desire to obtain better access to foreign markets. A related point is that for a

nation to negotiate, it is necessary that the gain from doing so be greater than

the gain available from unilateral liberalization; reciprocal concessions intend to

ensure that such gains will materialise.

2. Binding and enforceable commitments. The tariff commitments made by WTO

members in a multilateral trade negotiation and on accession are enumerated in

a schedule (list) of concessions. These schedules establish "ceiling bindings": a

country can change its bindings, but only after negotiating with its trading

partners, which could mean compensating them for loss of trade. If satisfaction is

not obtained, the complaining country may invoke the WTO dispute settlement

procedures.

3. Transparency. The WTO members are required to publish their trade

regulations, to maintain institutions allowing for the review of administrative

decisions affecting trade, to respond to requests for information by other

members, and to notify changes in trade policies to the WTO.

4. Safety valves. In specific circumstances, governments are able to restrict trade.

The WTO's agreements permit members to take measures to protect not only

the environment but also public health, animal health and plant health. There are

three types of provision in this direction:

articles allowing for the use of trade measures to attain non-economic objectives;

articles aimed at ensuring "fair competition"; members must not use environmental protection measures as a means of disguising protectionist policies.

provisions permitting intervention in trade for economic reasons. Exceptions to the MFN principle also allow for preferential treatment of developing countries, regional free trade areas and customs unions.

Organizational structure

The General Council has the following subsidiary bodies which oversee committees

in different areas:

Council for Trade in GoodsThere are 11 committees under the jurisdiction of the Goods Council each with a specific task. All members of the WTO participate in the committees. The Textiles Monitoring Body is separate from the other committees but still under the jurisdiction of Goods Council. The body has its own chairman and only 10 members. The body also has several groups relating to textiles.

Council for Trade-Related Aspects of Intellectual Property Rights

Information on intellectual property in the WTO, news and official records of the activities of the TRIPS Council, and details of the WTO's work with other international organizations in the field.

Council for Trade in ServicesThe Council for Trade in Services operates under the guidance of the General Council and is responsible for overseeing the functioning of the General Agreement on Trade in Services (GATS). It is open to all WTO members, and can create subsidiary bodies as required.

Trade Negotiations CommitteeThe Trade Negotiations Committee (TNC) is the committee that deals with the current trade talks round. The chair is WTO's director-general. As of June 2012 the committee was tasked with the Doha Development Round.

The Service Council has three subsidiary bodies: financial services,

domestic regulations, GATS rules and specific commitments. The

council has several different committees, working groups, and

working parties. There are committees on the following: Trade and

Environment; Trade and Development (Subcommittee on Least-

Developed Countries);Regional Trade Agreements; Balance of

Payments Restrictions; and Budget, Finance and Administration.

There are working parties on the following: Accession. There are

working groups on the following: Trade, debt and finance; and Trade

and technology transfer.

Decision-making

The WTO describes itself as "a rules-based, member-driven

organization — all decisions are made by the member governments,

and the rules are the outcome of negotiations among members". The

WTO Agreement foresees votes where consensus cannot be

reached, but the practice of consensus dominates the process of

decision-making.

Dispute settlement

In 1994, the WTO members agreed on the Understanding on Rules

and Procedures Governing the Settlement of Disputes (DSU)

annexed to the "Final Act" signed in Marrakesh in 1994. Dispute

settlement is regarded by the WTO as the central pillar of the

multilateral trading system, and as a "unique contribution to the

stability of the global economy".WTO members have agreed that, if

they believe fellow-members are violating trade rules, they will use

the multilateral system of settling disputes instead of taking action

unilaterally. The operation of the WTO dispute settlement process

involves the DSB panels, the Appellate Body, the WTO Secretariat,

arbitrators, independent experts and several specialized

institutions. Bodies involved in the dispute settlement process, World

Trade Organization.

Accession and membership

The process of becoming a WTO member is unique to each applicant

country, and the terms of accession are dependent upon the country's

stage of economic development and current trade regime.The

process takes about five years, on average, but it can last more if the

country is less than fully committed to the process or if political issues

interfere.The re-convened Working Party completed its mandate on 2

May 2011. The General Council formally approved the Accession

Package of Vanuatu on 26 October 2011. On 24 August 2012, the

WTO welcomed Vanuatu as its 157th member. An offer of accession

is only given once consensus is reached among interested parties.

Accession processrepresentation with the European Union)  Draft Working Party Report or Factual Summary adopted

  Goods and/or Services offers submitted

  Memorandum on Foreign Trade Regime (FTR) submitted

  Observer, negotiations to start later or no Memorandum on FTR

submitted  Frozen procedures or no negotiations in the last 3 years

  No official interaction with the WTO

A country wishing to accede to the WTO submits an application to the

General Council, and has to describe all aspects of its trade and

economic policies that have a bearing on WTO agreements. The

application is submitted to the WTO in a memorandum which is

examined by a working party open to all interested WTO Members.

After all necessary background information has been acquired, the

working party focuses on issues of discrepancy between the WTO

rules and the applicant's international and domestic trade policies and

laws. The working party determines the terms and conditions of entry

into the WTO for the applicant nation, and may consider transitional

periods to allow countries some leeway in complying with the WTO

rules.

The final phase of accession involves bilateral negotiations between

the applicant nation and other working party members regarding the

concessions and commitments on tariff levels and market access for

goods and services. The new member's commitments are to apply

equally to all WTO members under normal non-discrimination rules,

even though they are negotiated bilaterally.

Members and observers

The WTO has 160 members and 24 observer governments. [69] In

addition to states, the European Union is a member. WTO members

do not have to be full sovereign nation-members. Instead, they must

be a customs territory with full autonomy in the conduct of their

external commercial relations. Thus Hong Kong has been a member

since 1995 (as "Hong Kong, China" since 1997) predating the

People's Republic of China, which joined in 2001 after 15 years of

negotiations. The Republic of China (Taiwan) acceded to the WTO in

2002 as "Separate Customs Territory

of Taiwan, Penghu, Kinmen and Matsu" (Chinese Taipei) despite

its disputed status. The WTO Secretariat omits the official titles (such

as Counselor, First Secretary, Second Secretary and Third Secretary)

of the members of Chinese Taipei's Permanent Mission to the WTO,

except for the titles of the Permanent Representative and the Deputy

Permanent Representative.

As of 2007, WTO member states represented 96.4% of global trade

and 96.7% of global GDP. Iran, followed by Algeria, are the

economies with the largest GDP and trade outside the WTO, using

2005 data. With the exception of the Holy See, observers must start

accession negotiations within five years of becoming observers. A

number of international intergovernmental organizations have also

been granted observer status to WTO bodies. 14 states and two

territories so far have no official interaction with the WTO.

Agreements

The WTO oversees about 60 different agreements which have the

status of international legal texts. Member countries must sign and

ratify all WTO agreements on accession. A discussion of some of the

most important agreements follows. The Agreement on

Agriculture came into effect with the establishment of the WTO at the

beginning of 1995. The AoA has three central concepts, or "pillars":

domestic support, market access and export subsidies. The General

Agreement on Trade in Services was created to extend the

multilateral trading system to service sector, in the same way as the

General Agreement on Tariffs and Trade (GATT) provided such a

system for merchandise trade. The agreement entered into force in

January 1995. The Agreement on Trade-Related Aspects of

Intellectual Property Rights sets down minimum standards for many

forms of intellectual property (IP) regulation. It was negotiated at the

end of the Uruguay Round of the General Agreement on Tariffs and

Trade (GATT) in 1994.

The Agreement on the Application of Sanitary and Phytosanitary

Measures—also known as the SPS Agreement—was negotiated

during the Uruguay Round of GATT, and entered into force with the

establishment of the WTO at the beginning of 1995. Under the SPS

agreement, the WTO sets constraints on members' policies relating to

food safety (bacterial contaminants, pesticides, inspection and

labelling) as well as animal and plant health (imported pests and

diseases). The Agreement on Technical Barriers to Trade is an

international treaty of the World Trade Organization. It was negotiated

during the Uruguay Round of the General Agreement on Tariffs and

Trade, and entered into force with the establishment of the WTO at

the end of 1994. The object ensures that technical negotiations and

standards, as well as testing and certification procedures, do not

create unnecessary obstacles to trade".The Agreement on Customs

Valuation, formally known as the Agreement on Implementation of

Article VII of GATT, prescribes methods of customs valuation that

Members are to follow. Chiefly, it adopts the "transaction value"

approach.

In December 2013, the biggest agreement within the WTO was

signed and known as the Bali Package.

Office of director-general

The procedures for the appointment of the WTO director-general

were published in January 2003. Additionally, there are four deputy

directors-general. As of 1 October 2013, under director-general

Roberto Azevêdo, the four deputy directors-general are Yi Xiaozhun

of China, Karl-Ernst Brauner of Germany, Yonov Frederick Agah of

Nigeria and David Shark of the United States.

List of directors-general

 Roberto Azevedo, 2013–

 Pascal Lamy, 2005–2013

 Supachai Panitchpakdi, 2002–2005

 Mike Moore, 1999–2002

 Renato Ruggiero, 1995–1999

 Peter Sutherland, 1995

(Heads of the precursor organization, GATT):

 Peter Sutherland, 1993–1995

 Arthur Dunkel, 1980–1993

 Olivier Long, 1968–1980

 Eric Wyndham White, 1948–1968

Agreement Two types of agreement are:

Trade Related Investment Measures (TRIM) Trade-Related Aspects of Intellectual Property Rights (TRIPS)

TRIM Agreement

Agreement on Trade Related Investment Measures

The Agreement on Trade Related Investment Measures (TRIMs) are rules that apply

to the domestic regulations a country applies to foreign investors, often as part of

anindustrial policy. The agreement was agreed upon by all members of the World Trade

Organization. The agreement was concluded in 1994 and came into force in 1995. The

WTO wasn't established at that time, it was its predecessor, the GATT (General

Agreement on Trade and Tariffs. The WTO came about in 1994-1995.)

Policies such as local content requirements and trade balancing rules that have

traditionally been used to both promote the interests of domestic industries and combat

restrictive business practices are now banned.

Trade Related Investment Measures is the name of one of the four principal legal

agreements of the WTO trade treaty.

TRIMs are rules that restrict preference of domestic firms and thereby enable

international firms to operate more easily within foreign markets.

TRADE-RELATED INVESTMENT MEASURES

1. OVERVIEW OF RULES 

(1 Trade-Related Investment Measures )

In the late 1980's, there was a significant increase in foreign direct investment throughout the world. However, some of the countries receiving foreign investment imposed numerous restrictions on that investment designed to protect and foster domestic industries, and to prevent the outflow of foreign exchange reserves.Examples of these restrictions include local content requirements (which require that locally-produced goods be purchased or used), manufacturing requirements (which require the domestic manufacturing of certain components), trade balancing requirements, domestic sales requirements, technology transfer requirements, export performance requirements (which require the export of a specified percentage of production volume), local equity restrictions, foreign exchange restrictions, remittance restrictions, licensing requirements, and employment restrictions. These measures can also be used in connection with fiscal incentives as opposed to requirement. Some of these investment measures distort trade in violation of GATT Article III and XI, and are therefore prohibited.Until the completion of the Uruguay Round negotiations, which produced a well-rounded Agreement on Trade-Related Investment Measures (hereinafter the "TRIMs Agreement"), the few international agreements providing disciplines for measures restricting foreign investment provided only limited guidance in terms of content and country coverage. The OECD Code on Liberalization of Capital Movements, for example, requires members to liberalize restrictions on direct investment in a broad range of areas. The OECD Code's efficacy, however, is limited by the numerous reservations made by each of the members. In addition, there are other international treaties, bilateral and multilateral, under which signatories extend most-favoured-nation treatment to direct investment. Only a few such treaties, however, provide national treatment for direct investment. Moreover, although the APEC Investment Principles adopted in November 1994 provide rules for investment as a whole, including non-discrimination and national treatment, they have no binding force.

(2 Legal Framework) 

GATT 1947 prohibited investment measures that violated the principles of national treatment and the general elimination of quantitative restrictions, but the extent of the prohibitions was never clear. The TRIMs Agreement, however, contains statements prohibiting any TRIMs that are inconsistent with the provisions of Articles III or XI of GATT 1994. In addition, it provides an illustrative list that explicitly prohibits local content requirements, trade balancing requirements, foreign exchange restrictions and export restrictions (domestic sales requirements) that would violate Article III:4 or XI:1 of GATT 1994. TRIMs prohibited by the Agreement include those which are mandatory or enforceable under domestic law or administrative rulings, or those with

which compliance is necessary to obtain an advantage (such as subsidies or tax breaks).contains a list of measures specifically prohibited by the TRIMs Agreement. Note that this figure is not exhaustive, but simply illustrates TRIMs that are prohibited by the TRIMs Agreement. The figure, therefore, calls particular attention to several common types of TRIMs. We would add that this figure identifies measures that were also inconsistent with Article III:4 and XI:1 of GATT 1947. Indeed, the TRIMs Agreement is not intended to impose new obligations, but to clarify the pre-existing GATT 1947 obligations. Under the WTO TRIMs Agreement, countries are required to rectify any measures inconsistent with the Agreement, within a set period of time, with a few exceptions. 

Future ChallengesThe TRIMs Agreement is only a first step toward eliminating trade distortions. Although some policies, such as certain export requirements, are not expressly prohibited by the TRIMs Agreement, it is important that governments understand the capacity of such measures to distort trade. Disciplines on these policies will need to be given further consideration in the new investment working group that the WTO Ministerial Conference decided to establish in December 1996.The TRIMs Agreement is scheduled to come up for review within five years of the entry into force of the WTO Agreement and efforts should be made to incorporate appropriate new rules to address such additional policies at that time.

Efforts to Establish New Rules Regarding Investment

(i) Efforts to establish a Multilateral Agreement on Investment at the OECD Members of the OECD have been negotiating a comprehensive and legally-binding "Multilateral Agreement on Investment" (MAI) that would provide for both the liberalization and the protection of foreign investments. The Agreement would provide 1) a high degree of discipline on investment protection; 2) broad obligations to liberalize investment; and 3) an effective dispute-settlement mechanism that would include a scheme for litigating disputes between investors and states as well as between states. It was expected that the Agreement would be open to all countries, not just OECD members. Negotiations, which began in May 1995 with a goal of presenting a draft to the OECD Ministerial Council in April 1998, were extended because of an inability to reach a compromise on liberalization commitments, general exceptions and considerations to the environment and labour. However, immediately before the resumption of the negotiations in October 1998, France withdrew from the negotiations due to the reason that the above-mentioned high degree of disciple would violate its

sovereignty. Thus, it became difficult to continue the negotiations and at present the negotiations are not conducted. The following four points about MAI remain to be solved: whether to allow exceptions to the "standstill" clause for certain specific areas; whether exceptions to most-favoured-nation treatment should be allowed for regional economic integration organizations; whether to allow a general exception for cultural reasons; and whether to include provisions covering environment and labour issues. In addition, there is no concrete results regarding country-specific exceptions. There are strong needs for some Multilateral Framework on Investment (MFI). The OECD Committee on International Investment and Multinational Enterprise (CIME) is scheduled to discuss, towards the OECD Ministerial Council in May 1999, how to develop the future work programme including the continuation of the analytical work.

(ii) Efforts to Establish a Comprehensive Legal Framework for Investment at the WTO WTO investment disciplines are found in the TRIMs Agreement and the GATS, but both of these deal with particular areas or particular aspects of investment. There is currently no comprehensive multilateral legal framework that provides investment disciplines. As we have noted, the OECD was negotiating a comprehensive, legally-binding Multilateral Agreement on Investment (MAI) that would liberalize investment and provide protection for foreign investments. However, it is said that the level of commitments to be included in the agreement was too high for developing countries and there were doubts about how many developing countries would actually join. The WTO Singapore Ministerial Conference of December 1996 therefore decided to establish a Working Group on the Relationship between Trade and Investment so that countries could examine the need for comprehensive investment rules in which the developing countries participate as well as the developed countries. In the past two years the Working Group did analyze and review the following three issues: "implications of the relationship between trade and investment for development and economic growth," "the economic relationship between trade and investment," and "stock-taking and analysis of existing international instruments". The Group reported the results of the review to the General Council. The WTO General Council decided to extend the Working Group's work programme to further analyze and discuss on investment. Whether to negotiate comprehensive rules on investment will be further discussed, with a view towards the Third WTO Ministerial Conference at the end of 1999, within the framework of the General Council's preparatory process for the next trade negotiations starting in 2000. Along with this process, the Working Group will continue its work in order to contribute to the General Council's discussion.

Examples of TRIMs Explicitly Prohibited by the TRIMs Agreement

Local content requirement

Measures requiring the purchase or use by an enterprise of domestic products, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production. (Violation of GATT Article III:4)

Trade balancing requirements

Measures requiring that an enterprise's purchases or use of imported products be limited to an amount related to the volume or value of local products that it exports. (Violation of GATT Article III:4)Measures restricting the importation by an enterprise of products used in or related to its local production, generally or to an amount related to the volume or value of local production that it exports. (Violation of GATT Article XI:1)

Foreign exchange restrictions

Measures restricting the importation by an enterprise of products (parts and other goods) used in or related to its local Production by restricting its access to foreign exchange to an amount related to the foreign exchange inflows attributable to the enterprise. (Violation of GATT Article XI:1)

Export restrictions (Domestic sales requirements)

Measures restricting the exportation or sale for export by an enterprise of products, whether specified in terms of particular products, in terms of volume or value of products, or in terms of a proportion of volume or value of its local production. (Violation of GATT Article XI:1)

Exceptional Provisions of the TRIMs Agreement

(1) Transitional period

Measures specifically prohibited by the TRIMs Agreement need not be eliminated immediately, although such measures must be notified to the WTO within 90 days after the entry into force of the TRIMs Agreement. Developed countries will have a period of two years in which to abolish such measures; in principle, developing countries will have five years and least-developed countries will have seven years.

(2) Exceptions Developing countries are permitted to retain TRIMs which

for developing countries

constitute a violation of GATT Article III or XI, provided that the measures meet the conditions of GATT Article XVIII which allows specified derogation from the GATT provisions, by virtue of the economic development needs of developing countries.

(3) Equitable provisions

In order to avoid damaging the competitiveness of companies already subject to TRIMs, governments are allowed to apply the same TRIMs to new foreign direct investment during the transitional period described in (1) above.

The TRIMs Agreement requires Members to notify the WTO of TRIMs they operate. As of this writing, 24 Members have notified the WTO of such measures. Figure 8-3 details the TRIMs that have been notified, many of which are local content requirements in the automotive and agricultural sectors.Outline of Notified TRIMs

Local Content Trade Balancing

Foreign Exchange Balancing

Export Restrictions

Argentina Auto Auto

Barbados Agri

Bolivia Others

Chile Auto Auto

Colombia Auto, Agri Auto, Agri

Costa Rica Others

Cuba Auto,Others

Cyprus Agri

Dominica Republic

Others Agri, Others

Ecuador Auto

Indonesia Auto,Agri,Others

India Others Auto,Agri,Others

Mexico Auto

Malaysia Auto

Pakistan Auto, Others

Peru Agri

Philippines Auto Auto

Romania Others

Thailand Auto,Agri,Others

Uganda Others Others

Uruguay Auto

Venezuela Auto

South Africa Auto,Agri,Others

Auto: Automotive sectorAgri: Agricultural sector

Note: Egypt and Nigeria notified that they have an incentive system for promoting industry, but it is unclear from the notifications the type of TRIM involved, or the targeted industries.

(3) Economic Implications)

shows direct investment around the world for 1996 and 1997. Worldwide outgoing investment in 1997 reached $423.7 billion (an increase of about 22 percent over the previous year) as a new record and continues to increase. Developed countries were the driving forces behind this, accounting for about 80 percent of the world's outgoing investment and 60 percent of incoming investment. Developing countries reached their highest level of outgoing and incoming investment.illustrates trends in the flow of direct investment between Japan, the United States, and major Asian countries in 1997. In particular, the figure shows that direct investment from Asian newly industrialized economies (NIEs) to China and ASEAN countries is remarkable, indicating that investment climates in these areas are improving. 

Direct Investment around the World (Unit: $1 billion)

1996 1997

Amount of outflow

Amount of inflow

Amount of outflow

Amount of inflow

Total 333.6 337.6 423.7 400.5

Developed 283.5 195.4 359.2 233.1

Countries

Developing Countries

49.2 129.8 61.1 148.9

Russia and East Europe

1.0 12.3 3.3 18.4

Source: World Investment Report 1998 UNCTAD 

Flow of Direct Investment Among Japan, the United States, and Major Asian Countries (1997) 

Note: -Asian NIEs include Korea, Taiwan, Hong Kong and Singapore.-For statistical purposes, ASEAN4 includes Thailand, Malaysia, Philippines and Indonesia but does not include Singapore and Brunei.

Source:Ministry of International Trade and Industry

In the short term, TRIMs provide countries with perceived benefits. Some governments view TRIMs as a way to protect and foster domestic industry.

TRIMs are also mistakenly seen as an effective remedy for a deteriorating balance of payments. These perceived benefits account for their frequent use in developing countries. In the long run, however, TRIMs may well retard economic development and weaken the economies of the countries which impose them by stifling the free flow of investment.Moreover, the industry using these parts is, unable to procure high-quality, low-priced parts and components from other countries, and will be less able to produce internationally competitive finished products. The domestic industry can hope to achieve, at best, import substitution, but the likelihood of further development is poor. The consumer in the host country also suffers as a result of TRIMs. The consumer has no choice but to spend much more on a finished product than would be necessary under a system of liberalized imports. Since consumers placed in such a position must pay a higher price, growth of domestic demand will stagnate. This lack of demand also hinders the long- term economic development of domestic industries.

2. PROBLEMS OF TRADE POLICIES AND MEASURES OF INDIVIDUAL COUNTRIES 

Under the TRIMs Agreement, member countries are required to notify the WTO Council for Trade in Goods of their existing TRIMs. Figure 8-3 shows the general breakdown of the TRIMs that have been reported to the Council. Most are from developing countries who, based on their stage of economic development, have adopted industrial policies that may, for instance, impose local content requirements.Countries maintaining TRIMs are expected to amend their domestic laws and institutional rules within the appropriate transitional period. Even in the transitional period, it is desirable to phase out the TRIMs in the spirit of the TRIMs Agreement.It goes without saying that Japanese companies investing overseas are expected to increase the amount of parts they purchase locally. Indeed, the rapid appreciation of the yen has created a powerful economic incentive for Japanese companies to expand local procurement. Market-driven local procurement will contribute to the local economy. Such efforts, however, should be carried out in economically viable forms tailored to the local corporate environment, rather than enforced through TRIMs or other policy-based regulations. Faced with the rapid internationalization of developed countries' industrial bases, many developing countries are intensifying their efforts to attract foreign investment, hoping to draw on outside capital for their own industrial and economic development. We would note in this regard a new trend that is particularly prominent among Asian countries of relaxing investment restrictions to create an environment that is more attractive and inviting to prospective investors. We can say that developing countries should promote further measures in order to attract investors. 

(1) Korea 

Local Content Requirements 

Korea's "Import Source Diversification Programme" constitutes a de facto ban on imports from Japan. The application for importation of items designated under the system must include both a contract and a commitment to deliver goods approved by the Korean Trade Agents Association. Because approval is generally difficult to obtain, imports are effectively banned. (See Chapter 3 on Quantitative Restrictions.) When importing parts required for the production of final products that have been designated for production technology development by the Ministry of Trade and Industry, manufacturers are exempt from the requirement to submit the above-mentioned contracts and delivery commitments only if the following conditions are met: (1) they submit a "parts procurement plan" to a specified certification institution; (2) they apply to that institution for permission to import the required parts, and

(2) Indonesia 

Local Content Requirements 

Since before the WTO came into force, Indonesia has imposed local content requirements in the automotive sector (see Chapter 2 for detail). In addition, Indonesia also requires that set percentages of domestic products, such as soybean cake and fresh milk, be consumed. Both measures are local content requirements falling under paragraph 1(a) of the Illustrative List annexed to the TRIMs Agreement. There are indications that the local content requirements in fresh milk have been abolished at the beginning of 1998, although the WTO has not been notified of it.The National Car Programme, which was introduced in 1996, is the measure that gives an advantage in proportion to achievements of local content requirements. A panel was established in June 1997 by the requests of the United States, EU, and Japan. (For details see Chapter 2.)

(3) Thailand 

Local Content Requirements 

The TRIM notifications of the Thai Ministry of Industry detail a variety of minimum local content ratios for cars and automotive products assembled in Thailand. For example, the local content must not be less than 54 percent for passenger cars and not less than 70 percent for motorcycles.Under the Investment Promotion Act, the Board of Investment (BOI) sets local content requirements for television picture tubes, motorcycle engines, diesel engines for agricultural use, paper, dairy products and other items.

The WTO has been notified of these measures and they are not in contravention of the agreement, but Japan must still watch that they are not expanded and that they are eliminated on schedule. The Thai government previously announced that the local content requirement for passenger cars (at least 54 percent mandatory) would be eliminated in July 1998. However, it later decided to extend the period from July 1998 to January 2000 due mainly to its economic recession arising from various reasons, including collapsed domestic industries. This decision is to be regretted since this requirement had been expected to be eliminated before the expiry of the transition period under the TRIMs Agreement.

(4) Malaysia 

Local Content Requirements 

In lieu of its previous domestic content requirements, the Malaysian Government imposed new domestic content guidelines effective from 1 January 1992. According to the guidelines, domestic content requirements will rise from 20 percent in early 1992 to 60 percent for passenger cars and 45 percent for commercial vehicles by the end of 1996. (See Figure 8-6.) 

Guidelines for Local Content in Malaysia

Category A

Category B

Category C

31 December 1992

30% 20% Local content requirement for specified parts

31 December 1993

40% 30% (same as above)

31 December 1994

50% 35% (same as above)

31 December 1995

55% 40% (same as above)

31 December 1996

60% 45% (same as above)

After 1997 60% 45% (same as above)

Category A: passenger cars with an engine size of less than 1,850cc;Category B: passenger cars with an engine size of 1,850cc or more and less

than 2,850cc and commercial vehicles with GVW (Gross Vehicle Weight) of less than 2,500kg;

Category C: passenger cars with an engine size of 2,850cc or more and commercial vehicles and off-road vehicles with GVW of 2,500kg

or more.

Similarly, Malaysia has had local content requirements for motorcycles since 1981; requiring assemblers to use at least 60 percent locally produced parts. Malaysia also has investment incentives that come with local content requirements. The Promotion of Investment Act of 1986 requires production plans given such privileges as "pioneer status" or "investment tax allowance" (ITAs) to meet local content standards. Companies given "pioneer status" are relieved of 70 percent of their income tax liability for a period of five years. The WTO has been notified of these measures and they are not in contravention of the agreement, but Japan must still watch that they are not expanded and that they are eliminated on schedule.

(5) India 

Local Content Requirements, Import/Export Balancing Requirements, Export Restrictions 

On 12 December 1997, India announced a new automotive policy that requires manufacturers in the automotive industry and the Ministry of Commerce to draft and sign a memorandum of understanding (MOU) on new guidelines for the industry. The policy has the following problems in relation to the TRIMs Agreement. First, the policy requires that 50 percent local content be achieved within three years of the date on which the first imported parts (CKD, SKD) were cleared through customs, increasing to 70 percent within five years of first clearance. Second, the policy requires that exports of automobiles or parts begin within three years of start-up, with the possibility of restrictions on the amount of parts (CKD, SKD) that can be imported depending on the degree to which the export requirement is met. This amounts to an export/import balancing requirement. Even prior to this policy, India had a history of making auto parts import licenses for companies setting up operations within its borders conditional upon signing MOU containing local content requirements and export/import balancing requirements--despite the lack of any legal basis for doing so. It is certain that the new automotive policy of 1997 is designed to institutionalize the previous administrative guidelines. In the TRIMs Committee held in March/September 1998, some countries - including Japan, the EU and the United States - argued that the policy would not be regarded as compatible with the WTO Agreement. Subsequently, in October 1998 the EU requested consultation - Japan and the United States participate in the consultation as third parties - and the first consultation was held in December 1998. The government of India should eliminate the policy as soon as possible. 

TRIPS Agreement

Introduction

"TRIPS" redirects here. For the microprocessor, see TRIPS architecture. For the German racing driver, see Wolfgang von Trips. For other uses, see Trip.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.[2] It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.

The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all."

Specifically, TRIPS requires WTO members to provide copyright rights, covering content producers including performers, producers of sound recordings and broadcasting organizations; geographical indications, including appellations of origin; industrial designs;integrated circuit layout-designs; patents; new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Background and history

TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. Its inclusion was the culmination of a program of intenselobbying by the United States, supported by the European Union, Japan and other developed nations. Campaigns of unilateral economic encouragement under the Generalized System of Preferences and coercion under Section 301 of the Trade Act played an important

role in defeating competing policy positions that were favored by developing countries, most notably Korea and Brazil, but also including Thailand, India and Caribbean Basin states. In turn, the United States strategy of linking trade policy to intellectual property standards can be traced back to the entrepreneurship of senior management at Pfizer in the early 1980s, who mobilized corporations in the United States and made maximizing intellectual property privileges the number one priority of trade policy in the United States (Braithwaite and Drahos, 2000, Chapter 7).

After the Uruguay round, the GATT became the basis for the establishment of the World Trade Organization. Because ratification of TRIPS is a compulsory requirement of World Trade Organization membership, any country seeking to obtain easy access to the numerous international markets opened by the World Trade Organization must enact the strict intellectual property laws mandated by TRIPS. For this reason, TRIPS is the most important multilateral instrument for the globalization of intellectual property laws. States like Russia and China that were very unlikely to join the Berne Convention have found the prospect of WTO membership a powerful enticement.

Furthermore, unlike other agreements on intellectual property, TRIPS has a powerful enforcement mechanism. States can be disciplined through the WTO's dispute settlementmechanism.

The requirements of TRIPS

TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS:

Copyright terms must extend at least 20 years, unless based on the life of the author. (Art. 12 and 14)

Copyright must be granted automatically, and not based upon any "formality," such as registrations, as specified in the Berne Convention. (Art. 9)

Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection.

National exceptions to copyright (such as "fair use" in the United States) are constrained by the Berne three-step test

Patents must be granted for "inventions" in all "fields of technology" provided they meet all other patentability requirements (although exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and must be enforceable for at least 20 years (Art 33).

Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict.

No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed.

Legitimate interests of third parties have to be taken into account by patent rights (Art 30).

In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle

of national treatment (with certain limited exceptions, Art. 3 and 5). TRIPS also has a most favored nation clause.

Many of the TRIPS provisions on copyright were copied from the Berne Convention for the Protection of Literary and Artistic Works and many of its trademark and patent provisions were modeled on the Paris Convention for the Protection of Industrial Property.

Access to essential medicines

The most visible conflict has been over AIDS drugs in Africa. Despite the role that patents have played in maintaining higher drug costs for public health programs across Africa, this controversy has not led to a revision of TRIPs. Instead, an interpretive statement, the Doha Declaration, was issued in November 2001, which indicated that TRIPs should not prevent states from dealing with public health crises. After Doha, PhRMA, the United States and to a lesser extent other developed nations began working to minimize the effect of the declaration.

A 2003 agreement loosened the domestic market requirement, and allows developing countries to export to other countries where there is a national health problem as long as drugs exported are not part of a commercial or industrial policy. Drugs exported under such a regime may be packaged or colored differently in order to prevent them from prejudicing markets in the developed world.

In 2003, the Bush administration also changed its position, concluding that generic treatments might in fact be a component of an effective strategy to combat HIV. Bush created thePEPFAR program, which received $15 billion from 2003–2007, and was reauthorized in 2008 for $48 billion over the next five years. Despite wavering on the issue of compulsory licensing, PEPFAR began to distribute generic drugs in 2004-5.

Software and business method patents

Another controversy has been over the TRIPS Article 27 requirements for patentability "in all fields of technology", and whether or not this necessitates the granting of software andbusiness method patents.

Implementation in developing countries

The obligations under TRIPS apply equally to all member states, however developing countries were allowed extra time to implement the applicable changes to their national laws, in two tiers of transition according to their level of development. The transition period for developing countries expired in 2005. The transition period for least developed countries to implement TRIPS was extended to 2013, and until 1 January 2016 for pharmaceutical patents, with the possibility of further extension.

This is likely caused by the lack of legal and technical expertise needed to draft legislation that implements flexibilities, which has often led to developing countries directly copying developed country IP legislation, or relying on technical assistance from the World Intellectual Property Organization (WIPO), which, according to critics such as Cory Doctorow, encourages them to implement stronger intellectual property monopolies.

Banerjee and Nayak shows that TRIPS has a positive effect on R&D expenditure of Indian pharmaceutical firms.

Post-TRIPS expansion

In addition to the baseline intellectual property standards created by the TRIPS agreement, many nations have engaged in bilateral agreements to adopt a higher standard of protection. These collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. General objectives of these agreements include:

The creation of anti-circumvention laws to protect Digital Rights Management systems. This was achieved through the 1996 World Intellectual Property Organization Copyright Treaty (WIPO Treaty) and the WIPO Performances and Phonograms Treaty.

More stringent restrictions on compulsory licenses for patents. More aggressive patent enforcement. This effort has been observed more broadly in

proposals for WIPO and European Union rules on intellectual property enforcement. The 2001 EU Copyright Directive was to implement the 1996 WIPO Copyright Treaty.

The campaign for the creation of a WIPO Broadcasting Treaty that would give broadcasters (and possibly webcasters) exclusive rights over the copies of works they have distributed.

Panel reports

According to WTO 10th Anniversary, Highlights of the first decade, Annual Report 2005 page 142, in the first ten years, 25 complaints have been lodged leading to the panel reports and appellate body reports on TRIPS listed below.

The WTO website has a gateway to all TRIPS disputes (including those that did not lead to panel reports) here 

2005 Panel Report: European Communities  - Protection of Trademarks and Geographical

Indications for Agricultural Products and Foodstuffs. 2000 Panel Report: Part 2 and 2000 Appellate Body Report

Canada  - Term of Patent Protection. 2000 Panel Report, Part 1: and Part 2

United States  - Section 110(5) of the US Copyright Act. 2000 Panel Report:

Canada - Patent Protection of Pharmaceutical Products. 2001 Panel Report: and 2002 Appellate Body Report

United States - Section 211 Omnibus Appropriations Act of 1998. 1998 Panel Report:

India  - Patent Protection for Pharmaceutical and Agricultural Chemical Products. 1998 Panel Report:

Indonesia  - Certain Measures Affecting the Automobile Industry.

Criticism

Since TRIPS came into force it has received a growing level of criticism from developing countries, academics, and non-governmental organizations. Some of this criticism is against the WTO as a whole, but many advocates of trade liberalization also regard TRIPS as bad policy. TRIPS's wealth concentration effects (moving money from people in developing countries to copyright and patent owners in developed countries) and its imposition of artificial scarcity on the citizens of countries that would otherwise have had weaker intellectual property laws, are common bases for such criticisms.

Peter Drahos writes that "It was an accepted part of international commercial morality that states would design domestic intellectual property law to suit their own economic circumstances. States made sure that existing international intellectual property agreements gave them plenty of latitude to do so."

Daniele Archibugi and Andrea Filippetti  argue that the importance of TRIPS in the process of generation and diffusion of knowledge and innovation has been overestimated by both their supporters and their detractors. Claude Henry and Joseph E. Stiglitz argue that the current intellectual property global regime may impede both innovation and dissemination, and suggest reforms to foster the global dissemination of innovation and sustainable development.

List of parties to international treaties protecting rights related to copyright

Below is a list of countries which have signed and ratified one or more international

treaties protecting rights related to copyright. Related rights protect performers,

producers of sound recordings (phonograms) and broadcasting organisations. In some

countries these rights are known simply as copyright, while other countries distinguish

them from authors' rights: in either case, their international protection is distinct from the

protection of literary and artistic works under the Berne Convention and other treaties.

List of parties to international copyright treaties

Short

nameLong name Place Date

Date

(into

force)

Rome

Rome Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting

Organisations

Rome 1961-10-26 1964-05-18[1]

Phonograms

Convention for the Protection of Producers of

Phonograms Against Unauthorized Duplication of

Their Phonograms

Geneva 1971-10-29 1973-04-17[2]

SatellitesConvention Relating to the Distribution of

Programme–Carrying Signals Transmitted by SatelliteBrussels 1974-05-21 1979-08-25[3]

TRIPSAgreement on Trade-Related Aspects of Intellectual

Property RightsMarrakech 1994-04-15 1995-01-01[4]

WPPT WIPO Performances and Phonograms Treaty Geneva 1996-12-20 2002-05-20[5]

List

The list below was taken from details supplied by WIPO and the WTO (see references):

they are correct as of 2012-10-15, and include some accessions after that date. Dates

quoted are the date on which the treaty came into effect for a given country.

Country Rome Phonograms Satellites TRIPS WPPT

Afghanistan — — — observer —

Albania2000-09-

012001-06-26 —

2000-09-

08

2002-05-

20

Algeria2007-04-

22— — observer —

Andorra2004-05-

25— — observer —

Angola — — —1996-11-

23—

Antigua and Barbuda — — —1995-01-

01—

Argentina1992-03-

021973-06-30 —

1995-01-

01

2002-05-

20

Armenia2003-01-

312003-01-31 1993-12-13

2003-02-

05

2005-03-

06

Australia1992-09-

301974-06-22 1990-10-26

1995-01-

01

2007-07-

26

Austria1973-06-

091982-08-21 1982-08-06

1995-01-

01

2010-03-

14

Azerbaijan2005-10-

082001-09-01 — observer

2006-04-

11

Bahamas — — — observer —

Bahrain2006-01-

18— 2007-05-01

1995-01-

01

2005-12-

15

Bangladesh — — —1995-01-

01—

Barbados1983-09-

181983-07-29 —

1995-01-

01—

Belarus2003-05-

272003-04-17 — observer —

Belgium1999-10-

02— —

1995-01-

01

2006-08-

30

Belize — — —1995-01-

01—

Benin — — —1996-02-

22

2006-04-

16

Bhutan — — — observer —

Bolivia 1993-11- — — 1995-09- —

24 12

Bosnia and Herzegovina2009-05-

192009-05-25 1992-03-06 observer

2009-11-

25

Botswana — — —1995-05-

31

2005-01-

27

Brazil1965-09-

291975-11-28 —

1995-01-

01—

Brunei — — —1995-01-

01—

Bulgaria1995-08-

311995-09-06 —

1996-12-

01

2002-05-

20

Burkina Faso1988-01-

141988-01-30 —

1995-06-

03

2002-05-

20

Burundi — — —1995-07-

23—

Cambodia — — —2004-10-

13—

Cameroon — — —1995-12-

13—

Canada1998-06-

04— —

1995-01-

01—

Cape Verde1997-07-

03— —

2008-07-

23—

Central African Republic — — —1995-05-

31—

Chad — — —1996-10-

19—

Chile1974-09-

051977-03-24 2011-06-08

1995-01-

01

2002-05-

20

China — 1993-04-30 —2001-12-

11

2007-06-

09

Colombia1976-09-

171994-05-16 —

1995-04-

30

2002-05-

20

Comoros — — — observer —

Congo, Democratic Republic — 1977-11-29 —1997-01-

01—

Congo, Republic1964-05-

18— —

1997-03-

27—

Costa Rica1971-09-

091982-06-17 1999-06-25

1995-01-

01

2002-05-

20

Côte d'Ivoire — — —1995-01-

01—

Croatia2000-04-

202000-04-20 1991-10-08

2000-11-

30

2002-05-

20

Cuba — — —1995-04-

20—

Cyprus2009-06-

17— —

1995-07-

30

2005-12-

02

Czech Republic1993-01-

011993-01-01 —

1995-01-

01

2002-05-

20

Denmark1965-09-

231977-03-24 —

1995-01-

01

2010-03-

14

Djibouti — — —1995-05-

31—

Dominica1999-11-

09— —

1995-01-

01—

Dominican Republic1987-01-

27— —

1995-03-

09

2006-01-

10

Ecuador1964-05-

181974-09-14 —

1996-01-

21

2002-05-

20

Egypt — — —1995-06-

30—

El Salvador1979-06-

291979-02-09 2008-07-22

1995-05-

07

2002-05-

20

Equatorial Guinea — — — observer —

Eritrea — — — — —

Ethiopia — — — observer —

Estonia2000-04-

282000-05-28 —

1999-11-

13

2010-03-

14

European Union — — —1995-01-

01

2010-03-

14

Fiji1972-04-

111973-04-18 —

1996-01-

14—

Finland1983-10-

211973-04-18 —

1995-01-

01

2010-03-

14

France1987-07-

031973-04-18 —

1995-01-

01

2010-03-

14

Gabon — — —1995-01-

01

2002-05-

20

Gambia — — —1996-10-

23—

Georgia2004-08-

14— —

2000-06-

14

2002-05-

20

Germany1966-10-

211974-05-18 1979-08-25

1995-01-

01

2010-03-

14

Ghana — — —1995-01-

01—

Greece1993-01-

061994-02-09 1991-10-22

1995-01-

01

2010-03-

14

Grenada — — —1996-02-

22—

Guatemala1977-01-

141977-02-01 —

1995-07-

21

2003-01-

08

Guinea — — —1995-10-

25

2002-05-

25

Guinea-Bissau — — —1995-05-

31—

Haiti — — —1996-01-

30—

Honduras1990-02-

161990-03-06 2008-04-07

1995-01-

01

2002-05-

20

Hong Kong — — —1995-01-

01

2008-10-

01

Hungary1995-02-

101975-05-28 —

1995-01-

01

2002-05-

20

Iceland1994-06-

15— —

1995-01-

01—

India — 1975-02-12 —1995-01-

01—

Indonesia — — —1995-01-

01

2005-02-

15

Iran — — — observer —

Iraq — — — observer —

Ireland1979-09-

19— —

1995-01-

01

2010-03-

14

Israel 2002-12- 1978-05-01 — 1995-04- —

30 21

Italy1975-04-

081977-03-24 1981-07-07

1995-01-

01

2010-03-

14

Jamaica1994-01-

271994-01-11 2000-01-12

1995-05-

09

2002-06-

12

Japan1989-10-

261978-10-14 —

1995-01-

01

2002-10-

09

Jordan — — —2000-04-

11

2004-05-

24

Kazakhstan — 2001-08-03 — observer2004-11-

12

Kenya — 1976-04-21 1979-08-251995-01-

01—

Kiribati — — — — —

Korea, Democratic People's

Republic— — — — —

Korea, Republic2009-03-

181987-10-10

2012-03-

19[6]

1995-01-

01

2009-03-

18

Kuwait — — — 1995-01- —

01

Kyrgyzstan2003-08-

132002-10-12 —

1998-12-

20

2002-08-

15

Laos — — — observer —

Latvia1999-08-

201997-08-23 —

1999-02-

10

2002-05-

20

Lebanon1997-08-

12— — observer —

Lesotho1990-01-

26— —

1995-05-

31—

Liberia — 2005-12-16 — observer —

Libya — — — observer —

Liechtenstein1999-10-

121999-10-12 —

1995-09-

01

2007-04-

30

Lithuania1999-07-

222000-01-27 —

2001-05-

31

2002-05-

20

Luxembourg1976-02-

251976-03-08 —

1995-01-

01

2010-03-

14

Macau — — —1995-01-

01—

Macedonia1998-03-

021998-03-02 1991-11-17

2003-04-

04

2005-03-

20

Madagascar — — —1995-11-

17—

Malawi — — —1995-05-

31—

Malaysia — — —1995-01-

01

2012-12-

27

Maldives — — —1995-05-

31—

Mali — — —1995-05-

31

2002-05-

20

Malta — — —1995-01-

01

2010-03-

14

Mauritania — — —1995-05-

31—

Mauritius — — —1995-01-

01—

Mexico1964-05-

181973-12-21 1979-08-25

1995-01-

01

2002-05-

20

Federated States of Micronesia — — — — —

Moldova1995-12-

052000-07-17 2008-10-28

2001-07-

26

2002-05-

20

Monaco1985-12-

061974-12-02 — — —

Mongolia — — —1997-01-

29

2002-10-

25

Montenegro2006-06-

032006-06-03 2006-06-03

2012-04-

29

2006-06-

03

Morocco — — 1983-06-301995-01-

01

2011-07-

20

Mozambique — — —1995-08-

26—

Myanmar — — —1995-01-

01—

Namibia — — —1995-01-

01—

Nauru — — — — —

Nepal — — —2004-04-

23—

Netherlands1993-10-

071993-10-12 —

1995-01-

01

2010-03-

14

New Zealand — 1976-08-13 —1995-01-

01—

Nicaragua2000-08-

102000-08-10 1979-08-25

1995-09-

03

2003-03-

06

Niger1964-05-

18— —

1996-12-

13—

Nigeria1993-10-

29— —

1995-01-

01—

Norway1978-07-

101978-08-01 —

1995-01-

01—

Oman — — 2008-03-182000-11-

09

2005-09-

20

Pakistan — — —1995-01-

01—

Palau — — — — —

Panama1983-09-

021974-06-29 1985-09-25

1997-09-

06

2002-05-

20

Papua New Guinea — — —1996-06-

09—

Paraguay1970-02-

261979-02-13 —

1995-01-

01

2002-05-

20

Peru1985-08-

071985-08-24 1985-08-07

1995-01-

01

2002-07-

18

Philippines1984-09-

25— —

1995-01-

01

2002-10-

04

Poland1997-06-

13— —

1995-07-

01

2003-10-

21

Portugal2002-07-

17— 1996-03-11

1995-01-

01

2010-03-

14

Qatar — — —1996-01-

13

2005-10-

28

Romania1998-10-

221998-10-01 —

1995-01-

01

2002-05-

20

Russian Federation2003-05-

261995-03-13 1989-01-20

2012-08-

22

2009-02-

05

Rwanda — — 2001-07-251996-05-

22—

Saint Kitts and Nevis — — —1996-02-

21—

Saint Lucia1996-08-

172001-04-02 —

1995-01-

01

2002-05-

20

St. Vincent & Grenadines — — —1995-01-

01

2011-02-

12

Samoa — — —2012-05-

10—

San Marino — — — — —

São Tomé and Príncipe — — — observer —

Saudi Arabia — — —2005-12-

11—

Senegal — — —1995-01-

01

2002-05-

20

Serbia 2003-06- 2003-06-10 1992-04-27 observer 2003-06-

10 13

Seychelles — — — observer —

Sierra Leone — — —1995-07-

23—

Singapore — — 2005-04-271995-01-

01

2005-04-

17

Slovakia1993-01-

011993-01-01 —

1995-01-

01

2002-05-

20

Slovenia1996-10-

091996-10-15 1991-06-25

1995-07-

30

2002-05-

20

Solomon Islands — — —1996-07-

26—

Somalia — — — — —

South Africa — — —1995-01-

01—

Spain1991-11-

141974-08-24 —

1995-01-

01

2010-03-

14

Sri Lanka — — —1995-01-

01—

Sudan — — — observer —

Suriname — — —1995-01-

01—

Swaziland — — —1995-01-

01—

Sweden1964-05-

181973-04-18 —

1995-01-

01

2010-03-

14

Switzerland1993-09-

241993-09-30 1993-09-24

1995-07-

01

2008-07-

01

Syria2006-05-

13— — observer —

Taiwan (Chinese Taipei) — — —2002-01-

01—

Tajikistan2008-05-

19— — observer

2011-08-

24

Tanzania — — —1995-01-

01—

Thailand — — —1995-01-

01—

Timor Leste — — — — —

Togo2003-06-

102003-06-10 2003-06-10

1995-05-

31

2003-05-

21

Tonga — — —2007-07-

27—

Trinidad and Tobago — 1988-10-01 1996-11-011995-03-

01

2008-11-

28

Tunisia — — —1995-03-

29—

Turkey2004-04-

08— —

1995-03-

26

2008-11-

28

Turkmenistan — — — — —

Tuvalu — — — — —

Uganda — — —1995-01-

01—

Ukraine2002-06-

122000-02-18 —

2008-05-

16

2002-05-

20

United Arab Emirates2005-01-

14— —

1996-04-

10

2005-06-

09

United Kingdom1964-05-

181973-04-18 —

1995-01-

01

2010-03-

14

United States of America — 1974-03-10 1985-03-071995-01-

01

2002-05-

20

Uruguay1977-07-

041983-01-18 —

1995-01-

01

2008-08-

28

Uzbekistan — — — observer —

Vanuatu — — —2012-08-

24—

Vatican City — 1977-07-18 — observer —

Venezuela1996-01-

301982-11-18 —

1995-01-

01—

Vietnam2007-03-

012005-07-06 2006-01-12

2007-01-

11—

Yemen — — — observer —

Zambia — — —1995-01-

01—

Zimbabwe — — —1995-03-

05—