Wto And Its Agreement

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Title History 1.1 Gatt round of negotiation  Geneva to Tokyo  Uruguay round  Ministerial conference  Doha round Function Principal of the trading system Organizational structure Agreement  TRIPS Agreement  TRIMS Agreement Bibliography

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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 (20142015), 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 Goods There 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 Services The 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 Committee The 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 LeastDeveloped 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 process representation 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 wellrounded 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 Challenges The 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 legallybinding "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 countryspecific 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, legallybinding 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

Measures specifically prohibited by the TRIMs Agreement need

period

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 leastdeveloped countries will have seven years.

(2) Exceptions for Developing countries are permitted to retain TRIMs which developing constitute a violation of GATT Article III or XI, provided that the countries 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

Argentina

Auto

Auto

Barbados

Agri

Bolivia

Foreign Exchange Balancing

Export Restrictions

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

Mexico

Auto

Malaysia

Auto

Pakistan

Auto, Others

Peru

Agri

Philippines

Auto

Romania

Others

Thailand

Auto,Agri,Others

Uganda

Others

Uruguay

Auto,Agri,Others

Auto

Others Auto

Venezuela

Auto

South Africa

Auto,Agri,Others

Auto: Automotive sector Agri: 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 Countries

283.5

195.4

359.2

233.1

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, lowpriced 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 abovementioned 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

Date

Short

Long name

name

Place

Date

force)

Rome Convention for the Protection of Performers, Rome

(into

Producers of Phonograms and Broadcasting

1961-10-26

Geneva

1971-10-29 1973-04-

Organisations

Phonograms Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of

1964-05-

Rome

18[1]

Date

Short

Long name

name

Place

Date

force)

17[2]

Their Phonograms

Convention Relating to the Distribution of Satellites

Programme–Carrying Signals Transmitted by

Brussels

1974-05-21

Satellite

TRIPS

WPPT

(into

Agreement on Trade-Related Aspects of Intellectual Marrakec Property Rights

h

WIPO Performances and Phonograms Treaty

Geneva

1994-04-15

1996-12-20

1979-0825[3]

1995-0101[4]

2002-0520[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

Phonogram s

Satellites

TRIPS

WPPT

Afghanistan

Albania

Algeria

Andorra

—

2000-0901

2007-0422

2004-0525

—

—

2001-06-26 —

—

observer

—

—

—

—

Australia

Austria

31

1992-0930

1973-0609

20

—

Antigua and Barbuda

2003-01-

08

—

—

Armenia

2002-05-

observer

—

02

2000-09-

—

—

1992-03-

—

—

Angola

Argentina

observer

1973-06-30 —

2003-01-31 1993-12-13

1974-06-22 1990-10-26

1982-08-21 1982-08-06

1996-1123

1995-0101

—

—

1995-01-

2002-05-

01

20

2003-02-

2005-03-

05

06

1995-01-

2007-07-

01

26

1995-01-

2010-03-

01

14

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belgium

2005-1008

—

2006-0118

—

1983-0918

2003-0527

1999-1002

2006-04-

2001-09-01 —

observer

—

—

observer

—

—

2007-05-01

1995-01-

2005-12-

01

15

—

—

1983-07-29 —

2003-04-17 —

—

—

Belize

—

—

—

Benin

—

—

—

Bhutan

—

—

Bolivia

1993-11-

—

1995-0101

1995-0101

11

—

—

observer

—

1995-01-

2006-08-

01

30

1995-0101

—

1996-02-

2006-04-

22

16

—

observer

—

—

1995-09-

—

24

Bosnia and Herzegovina

Botswana

Brazil

Brunei

Bulgaria

Burkina Faso

2009-0519

—

1965-0929

—

1995-0831

1988-0114

12

2009-05-25 1992-03-06

—

—

1975-11-28

—

—

—

1995-09-06 —

1988-01-30 —

Burundi

—

—

—

Cambodia

—

—

—

Cameroon

—

—

—

observer

2009-1125

1995-05-

2005-01-

31

27

1995-0101

1995-0101

—

—

1996-12-

2002-05-

01

20

1995-06-

2002-05-

03

20

1995-0723

2004-1013

1995-1213

—

—

—

Canada

Cape Verde

1998-0604

1997-0703

—

—

—

—

Central African Republic

—

—

—

Chad

—

—

—

Chile

China

Colombia

1974-0905

—

1976-0917

1977-03-24 2011-06-08

1993-04-30 —

1994-05-16 —

Comoros

—

—

—

Congo, Democratic Republic

—

1977-11-29

—

—

—

Congo, Republic

1964-0518

1995-0101

2008-0723

1995-0531

1996-1019

—

—

—

—

1995-01-

2002-05-

01

20

2001-12-

2007-06-

11

09

1995-04-

2002-05-

30

20

observer

—

1997-0101

1997-0327

—

—

Costa Rica

Côte d'Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Dominican Republic

1971-0909

—

2000-0420

—

2009-0617

1993-0101

1965-0923

—

1999-1109

1987-0127

1982-06-17 1999-06-25

—

—

2000-04-20 1991-10-08

—

—

—

—

1993-01-01 —

1977-03-24 —

—

—

—

—

—

—

1995-01-

2002-05-

01

20

1995-0101

—

2000-11-

2002-05-

30

20

1995-0420

—

1995-07-

2005-12-

30

02

1995-01-

2002-05-

01

20

1995-01-

2010-03-

01

14

1995-0531

1995-0101

—

—

1995-03-

2006-01-

09

10

Ecuador

Egypt

El Salvador

1964-0518

—

1979-0629

1974-09-14 —

—

—

1979-02-09 2008-07-22

1996-01-

2002-05-

21

20

1995-0630

—

1995-05-

2002-05-

07

20

Equatorial Guinea

—

—

—

observer

—

Eritrea

—

—

—

—

—

Ethiopia

—

—

—

observer

—

1999-11-

2010-03-

13

14

1995-01-

2010-03-

01

14

Estonia

European Union

Fiji

Finland

France

2000-0428

—

1972-0411

1983-1021

1987-0703

2000-05-28 —

—

—

1973-04-18 —

1973-04-18 —

1973-04-18 —

1996-0114

—

1995-01-

2010-03-

01

14

1995-01-

2010-03-

01

14

Gabon

—

—

—

Gambia

—

—

—

—

—

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

2004-0814

1966-1021

—

1993-0106

—

1977-0114

1974-05-18 1979-08-25

—

—

1994-02-09 1991-10-22

—

—

1977-02-01 —

Guinea

—

—

—

Guinea-Bissau

—

—

—

1995-01-

2002-05-

01

20

1996-1023

—

2000-06-

2002-05-

14

20

1995-01-

2010-03-

01

14

1995-0101

—

1995-01-

2010-03-

01

14

1996-0222

—

1995-07-

2003-01-

21

08

1995-10-

2002-05-

25

25

1995-0531

—

Haiti

Honduras

Hong Kong

Hungary

Iceland

—

1990-0216

—

1995-0210

1994-0615

—

—

1990-03-06 2008-04-07

—

—

1975-05-28 —

—

—

India

—

1975-02-12 —

Indonesia

—

—

—

Iran

—

—

Iraq

—

Ireland

Israel

1979-0919

2002-12-

1996-0130

—

1995-01-

2002-05-

01

20

1995-01-

2008-10-

01

01

1995-01-

2002-05-

01

20

1995-0101

1995-0101

—

—

1995-01-

2005-02-

01

15

—

observer

—

—

—

observer

—

—

—

1995-01-

2010-03-

01

14

1995-04-

—

1978-05-01 —

30

Italy

Jamaica

Japan

1975-0408

1994-0127

1989-1026

21

1977-03-24 1981-07-07

1994-01-11

2000-01-12

1978-10-14 —

2010-03-

01

14

1995-05-

2002-06-

09

12

1995-01-

2002-10-

01

09

2000-04-

2004-05-

11

24

Jordan

—

—

Kazakhstan

—

2001-08-03 —

Kenya

—

1976-04-21 1979-08-25

Kiribati

—

—

—

—

—

—

—

—

—

—

1995-01-

2009-03-

19

01

18

—

1995-01-

—

Korea, Democratic People's Republic

Korea, Republic

Kuwait

2009-0318

—

1987-10-10

—

—

1995-01-

observer

2012-03[6]

1995-0101

2004-1112

—

01

Kyrgyzstan

Laos

Latvia

Lebanon

Lesotho

2003-0813

—

1999-0820

1997-0812

1990-0126

2002-10-12 —

—

—

1997-08-23 —

—

—

—

—

1998-12-

2002-08-

20

15

observer

—

1999-02-

2002-05-

10

20

observer

—

1995-0531

—

Liberia

—

2005-12-16 —

observer

—

Libya

—

—

observer

—

1995-09-

2007-04-

01

30

2001-05-

2002-05-

31

20

1995-01-

2010-03-

01

14

Liechtenstein

Lithuania

Luxembourg

1999-1012

1999-0722

1976-0225

—

1999-10-12 —

2000-01-27 —

1976-03-08 —

Macau

Macedonia

—

1998-0302

—

—

1998-03-02 1991-11-17

Madagascar

—

—

—

Malawi

—

—

—

Malaysia

—

—

—

Maldives

—

—

—

Mali

—

—

—

Malta

—

—

—

Mauritania

—

—

—

Mauritius

—

—

—

1995-0101

—

2003-04-

2005-03-

04

20

1995-1117

1995-0531

—

—

1995-01-

2012-12-

01

27

1995-0531

—

1995-05-

2002-05-

31

20

1995-01-

2010-03-

01

14

1995-0531

1995-0101

—

—

Mexico

Federated States of Micronesia

Moldova

Monaco

Mongolia

Montenegro

1964-0518

—

1995-1205

1985-1206

—

2006-0603

1973-12-21 1979-08-25

—

—

2000-07-17 2008-10-28

1974-12-02 —

—

—

2006-06-03 2006-06-03

Morocco

—

—

1983-06-30

Mozambique

—

—

—

Myanmar

—

—

—

Namibia

—

—

—

1995-01-

2002-05-

01

20

—

—

2001-07-

2002-05-

26

20

—

—

1997-01-

2002-10-

29

25

2012-04-

2006-06-

29

03

1995-01-

2011-07-

01

20

1995-0826

1995-0101

1995-0101

—

—

—

Nauru

—

—

—

Nepal

—

—

—

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

1993-1007

—

2000-0810

1964-0518

1993-1029

1978-0710

1993-10-12 —

1976-08-13 —

2000-08-10 1979-08-25

—

—

—

—

1978-08-01 —

Oman

—

—

2008-03-18

Pakistan

—

—

—

—

2004-0423

—

—

1995-01-

2010-03-

01

14

1995-0101

—

1995-09-

2003-03-

03

06

1996-1213

1995-0101

1995-0101

—

—

—

2000-11-

2005-09-

09

20

1995-0101

—

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

—

1983-0902

—

1970-0226

1985-0807

1984-0925

1997-0613

2002-0717

—

1998-1022

—

—

1974-06-29 1985-09-25

—

—

1979-02-13 —

1985-08-24 1985-08-07

—

—

—

—

—

1996-03-11

—

—

1998-10-01 —

—

—

1997-09-

2002-05-

06

20

1996-0609

—

1995-01-

2002-05-

01

20

1995-01-

2002-07-

01

18

1995-01-

2002-10-

01

04

1995-07-

2003-10-

01

21

1995-01-

2010-03-

01

14

1996-01-

2005-10-

13

28

1995-01-

2002-05-

01

20

Russian Federation

2003-0526

1995-03-13 1989-01-20

Rwanda

—

—

2001-07-25

Saint Kitts and Nevis

—

—

—

Saint Lucia

1996-0817

2001-04-02 —

2012-08-

2009-02-

22

05

1996-0522

1996-0221

—

—

1995-01-

2002-05-

01

20

1995-01-

2011-02-

01

12

St. Vincent & Grenadines

—

—

—

Samoa

—

—

—

San Marino

—

—

—

—

—

São Tomé and Príncipe

—

—

—

observer

—

Saudi Arabia

—

—

—

Senegal

—

—

—

Serbia

2003-06-

2003-06-10 1992-04-27

2012-0510

2005-1211

—

—

1995-01-

2002-05-

01

20

observer

2003-06-

10

13

Seychelles

—

—

—

Sierra Leone

—

—

—

Singapore

—

—

2005-04-27

Slovakia

Slovenia

1993-0101

1996-1009

1993-01-01 —

1996-10-15 1991-06-25

Solomon Islands

—

—

—

Somalia

—

—

—

South Africa

—

—

—

Spain

Sri Lanka

1991-1114

—

1974-08-24 —

—

—

observer

1995-0723

—

—

1995-01-

2005-04-

01

17

1995-01-

2002-05-

01

20

1995-07-

2002-05-

30

20

1996-0726

—

1995-0101

—

—

—

1995-01-

2010-03-

01

14

1995-0101

—

Sudan

—

—

—

Suriname

—

—

—

Swaziland

—

—

—

Sweden

Switzerland

Syria

Taiwan (Chinese Taipei)

Tajikistan

1964-0518

1993-0924

2006-0513

—

2008-0519

1973-04-18 —

1993-09-30 1993-09-24

—

—

—

—

—

—

Tanzania

—

—

—

Thailand

—

—

—

observer

1995-0101

1995-0101

—

—

—

1995-01-

2010-03-

01

14

1995-07-

2008-07-

01

01

observer

—

2002-0101

observer

1995-0101

1995-0101

—

2011-0824

—

—

Timor Leste

Togo

—

2003-0610

—

—

2003-06-10 2003-06-10

Tonga

—

—

Trinidad and Tobago

—

1988-10-01 1996-11-01

Tunisia

—

—

—

—

—

Turkey

2004-0408

—

—

—

1995-05-

2003-05-

31

21

2007-0727

—

1995-03-

2008-11-

01

28

1995-0329

—

1995-03-

2008-11-

26

28

Turkmenistan

—

—

—

—

—

Tuvalu

—

—

—

—

—

Uganda

—

—

—

Ukraine

United Arab Emirates

2002-0612

2005-0114

2000-02-18 —

—

—

1995-0101

—

2008-05-

2002-05-

16

20

1996-04-

2005-06-

10

09

United Kingdom

United States of America

Uruguay

1964-0518

—

1977-0704

1973-04-18 —

1974-03-10 1985-03-07

1983-01-18 —

Uzbekistan

—

—

—

Vanuatu

—

—

—

Vatican City

—

1977-07-18 —

Venezuela

Vietnam

1996-0130

2007-0301

1982-11-18

—

2005-07-06 2006-01-12

Yemen

—

—

—

Zambia

—

—

—

Zimbabwe

—

—

—

1995-01-

2010-03-

01

14

1995-01-

2002-05-

01

20

1995-01-

2008-08-

01

28

observer

—

2012-0824

observer

1995-0101

2007-0111

observer

1995-0101

1995-0305

—

—

—

—

—

—

—