A CRITICAL ANALYSIS OF THE DISPUTE RESOLUTION PROCEDURES OF THE TRIPS AGREEMENT

by

ACKNOWLEDGEMENT

The researcher tends to identify this as the opportunity to value the efforts of the teachers for cultivating the ideas and formulating the first move in the context of this project. The researcher would take this opportunity to appreciate the hard work and the patience shown by the staff for providing the world class teaching and research facility as this project would have ceased to exist without their due support.

DECLARATION

I …………………substantiate that this research work acquiesced for evaluation is my own and is a construction of my words. Any part of this paper which tends to integrate the works of other authors in any comportment has been properly accredited.

Signed __________________ Date _________________

ABSTRACT

This study tends to decipher the notions related to the TRIPS Agreement and other underlying notions. This study also tends to throw light on the procedure of dispute resolution within the TRIPS Agreement. Plus, the researcher also intends to decode the differences between the TRIPS Agreement and the domestic laws of the member counties. TRIPS agreement is not the only attempt made by the international authorities to inject uniform settings into the functional environment of the world. Different disputes also tend to be discussed under the notion of TRIPS agreement.

Table of Contents

ACKNOWLEDGEMENTi

DECLARATIONii

ABSTRACTiii

CHAPTER 1: INTRODUCTION1

Notion1

Aims & Objectives2

Limitations of Study3

Summary4

CHAPTER 2: BACKGROUND TO TRIPS5

Need for TRIPS5

Area of Concern6

Dispute Resolution8

Functioning of TRIPS Agreement9

Summary10

CHAPTER 3: PRINCIPAL/KEY FEATURES OF TRIPS AGREEMENT12

Introduction12

Article 712

Compulsory Licenses, Voluntary Licenses, and TRIPS14

Action on Border16

Property Rights17

Article 3118

Case of Brazil20

Article 821

Summary23

CHAPTER 4: DISPUTE RESOLUTION PROCEDURE25

Adaptation by Member States25

Dispute Settlement27

China27

China's Domestic Law30

Chinese IP Law30

Chinese Patent Law31

Differences32

Summary35

CHAPTER 5: TYPES OF DISPUTES36

South Africa36

US & CANADA37

CHINA39

INDIA40

Summary41

CHAPTER 6: CONCLUSION & RECOMMENDATIONS43

Conclusion43

Recommendation45

Problem of Liability without Fault45

The Problem of Imminent Infringement45

BIBLIOGRAPHY47

CHAPTER 1: INTRODUCTION

This chapter will inject the reader with the required information in order to understand the nomenclature of the Research. This chapter tends to focus on the aims and objectives of the research along with the other notions, which helps reader to decipher the functioning of the research. Moreover, this chapter of the research tends to develop an understanding and identify the reasons for conducting a research onto the identified topic. However, in the context of this paper this chapter would inculcate the notions related to the significance of Trips Agreement and the role it can play.

Notion

Intellectual property protection has been a concern in international trade for well over a century. The first major multilateral trade agreement to incorporate patent protection was rendered as "Paris Convention" in 1883. This agreement was administered by the World Intellectual Property Organization (WIPO) and obliged its signatories to afford the same protection to international patents as domestic ones, but did not demand a standard identified as minimum level of protection across nations. The Stockholm Convention in 1967 amended the Paris agreements and marked the first attempt to require patent protection standards internationally. At Stockholm, the United States Trade Representative (USTR) began threatening trade sanctions upon countries where it perceived itself as losing significant investment returns due to pirated ...