GATT

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SUBMITTED BY- ALOK KR VISHWAKARMA RAVI KESHRI BIPIN KATIYAR M.PHARM (PHARMACEUTICS) POST GATT SCENARIO

OBJECTIVE OF GATT (General agreement of Tariffs and Trades) : 

OBJECTIVE OF GATT (General agreement of Tariffs and Trades) To strengthen & clarify rules for agricultural trade. To reduce subsidization for agricultural production. Expansion of production & international trade. Better utilization of resource of the world.

FUNDAMENTAL PRINCIPLES OF GATT : 

FUNDAMENTAL PRINCIPLES OF GATT No member country shall discriminate b/w members of GATT. Prohibition of quantitative restrictions. GATT provides frame work which the negotiation can be held for reduction of tariff an other barriers to trade & structure for embodying results of such negotiations.

THREE BASIC ELEMENTS OF GATT : 

THREE BASIC ELEMENTS OF GATT Trade shall be conducted on a nondiscriminatory basis. Protection shall be afforded to domestic industries through customs tariffs rather than quotas. Consultation shall be the primary method used to solve global trade problems.

FUNCTIONS OF GATT : 

FUNCTIONS OF GATT Matter related to the tariff & related matters granted to any of the trading partner. Ensure that any tariff reduction or any other trade concession is extended to all GATT parties. GATT members must give imported goods treatment equal to that of domestic goods. No restriction on charges like rates may be applied to imported goods unless equally treated.

WTO - FACT FILE : 

Location: Geneva, Switzerland Established: 1 January 1995 Created by: Uruguay Round negotiations (1986-94)   Membership: 149 countries (11.12.2005) Budget: 169m Swiss francs, 2005 Secretariat staff: ~600 Head: Director-General Pascal Lamy Functions: • Administering WTO trade agreements • Forum for trade negotiations • Handling trade disputes • Monitoring national trade policies • Technical assistance and training for developing countries • Cooperation with other international organizations WTO - FACT FILE

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• forum fornegotiations • agreed rules and commitments • … with basic principles for trade • … and dispute settlement • member-driven • supporting Secretariat What is the WTO? Somewhere to talk

GATT & WTO TRADE ROUNDS-FIRST PHASE : 

GATT & WTO TRADE ROUNDS-FIRST PHASE

SECOND- PHASE : 

SECOND- PHASE

THIRD- PHASE : 

THIRD- PHASE Out of this round the WTO was born.

WTO OBJECTIVES : 

WTO OBJECTIVES Raising standards of living. Ensuring full employment. Ensuring growth of real income & demand. Expanding production and trade. Sustainable development. Protection of the environment.

WTO FUCTIONS : 

WTO FUCTIONS Administer and implement the WTO agreements. Forum for negotiations. Administer settlement of disputes. Administer Trade policy review mechanism. Technical assistance to developing countries.

WTO- HOW DOES IT WORK ? : 

WTO- HOW DOES IT WORK ? SET OF RULES- The negotiated legal rules included in the various WTO agreements cover the following topics- Trade in goods. Trade in services. Trade related aspects of intellectual property rights. Dispute settlement. Trade policy reviews.

TRIPS: Main features (1) : 

TRIPS: Main features (1) Coverage of TRIPS Areas of intellectual property covered: copyright and related rights trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information, including trade secrets and test data.

TRIPS: Main features (2) : 

TRIPS: Main features (2) Enforcement Provisions General Principles applicable to IPRs Specifies Procedures that must be available Dispute Settlement Part of the integrated Dispute Settlement System of the WTO No unilateral action by Members allowed

TRIPS Basic Principles (1) : 

Freedom to determine the appropriate method of implementing the Agreement (Art. 1.1) National treatment (Art. 3) Most-favoured nation treatment (MFN) (Art. 4, 5) Exhaustion of rights (Art. 6); see (WT/MIN(01)/DEC/2) Objectives (Art. 7); see WT/MIN(01)/DEC/2 Principles (Art. 8); see WT/MIN(01)/DEC/2 TRIPS Basic Principles (1)

TRIPS: Basic principles (2) : 

TRIPS: Basic principles (2) National treatment forbids discrimination between a Member's own nationals and the nationals of other Members Most-Favoured-Nation Treatment forbids discrimination between the nationals of other Members

TRIPS - Transitional arrangements : 

TRIPS - Transitional arrangements 1 Jan. 1995: entry into force 1 Jan. 2005: developing countries extend product patent protection to areas of technology not previously covered 1 July 2013: least-developed countries 1 Jan. 2016: least-developed countries provide pharmaceutical patents Other provisions non-backsliding provision special transitional arrangements in certain cases mail-box and exclusive marketing rights

2001 Doha Declaration: TRIPS : 

2001 Doha Declaration: TRIPS Emphasized that TRIPS should be supportive of public health See separate declaration September 2003 deadline for negotiations on wine and spirit GI registration TRIPS Council reviews to consider biological diversity, traditional knowledge and development objectives

TRIPS in the WTO : 

TRIPS in the WTO

TRIPS Council – Regular Session and Special Session : 

TRIPS Council – Regular Session and Special Session

TRIPS Council: Regular Activities : 

Notifications by Members under various provisions Notifications under Article 63.2 (laws, regulations and practices) Review of national legislation (laws, regulations and practices), including process of questions-replies, presentations in the meeting, follow-up questions-replies Merits of the process in general: transparency (dispute prevention effect); valuable source of information; right of all Members to pose questions TRIPS Council: Regular Activities

TRIPS Council: Current Issues : 

Public health Finding a solution for countries with no or insufficient manufacturing capacity in the pharmaceutical sector to make effective use of compulsory licensing (Decision of 6 December 2005; IP/C/41) Geographical indications multilateral register for GIs for wines and spirits discussions on "extension“ „clawback“ proposal by the EC in Agriculture Biotechnology/traditional knowledge/biodiversity discuss the relationship between the Convention on Biological Diversity (CBD) and the TRIPS Agreement Introduction of a disclosure requirement for patent applicants proposed by Brasil, India and others. TRIPS Council: Current Issues

DOHA: WORK PROGRAMMES : 

DOHA: WORK PROGRAMMES Implemention Agriculture Services Market acces for non-agricultural products. TRIPS Trade & investment Trade & competition policy. Trade & environment Trade & Finance Trade & Transfer of technology Technical cooperation & capacity building. Small economics Electronic commerce Least- developed countries Special & differential treatment

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www.wto.org For more information: [email protected] Tel.: +41 22 739 63 44

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