Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules

Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules

Intellectual Property in the WTO Volume II

Research Handbooks on the WTO series

Edited by Carlos M. Correa

This concise and detailed Handbook addresses some of the most complex issues raised by the implementation of the TRIPS Agreement globally. Among other themes, the Handbook explores the applicability of GATT jurisprudence for the interpretation of the Agreement’s provisions. It also considers key issues relating to the enforcement of intellectual property rights, such as border measures and injunctive relief. Teamed with the first volume – Research Handbook on the Protection of Intellectual Property under WTO Rules – this analysis is supplemented by a thorough review of the most important cases on TRIPS decided under the WTO dispute settlement mechanism.

Chapter 4: Accession to the WTO, Intellectual Property Rights and Domestic Institutions

Ermias Tekeste Biadgleng

Subjects: development studies, development studies, economics and finance, intellectual property, law - academic, intellectual property law, international economic law, trade law

Extract

Ermias Tekeste Biadgleng In 2007 Russia notified the World Trade Organization (WTO) of the enactment of its national law ‘On the Procedure for Consideration of Appeals by Citizens of the Russian Federation’ (WT/ACC/RUS/55, 14 August 2007). Russia informed the WTO that the law established the procedure for dealing with appeals and complaints by Russian and foreign persons to state authorities concerning the realization or violation of their rights and legal interests, violations of laws or other normative legislative acts or decision, action (or inaction) of the state agencies. Russia also declared that the law met the requirements of Article X of the General Agreement on Tariffs and Trade (GATT) 1994. In addition to the GATT, Article 41 of the Agreement on Trade-related Intellectual Property Rights (TRIPS) and Article VI of the General Agreement on Trade in Services (GATS) contain the obligation to provide for prompt judicial review of administrative decisions. Russia was led to the adoption of more rigorous standard for judicial review of administrative actions than provided under the GATT, GATS and TRIPS primarily due to the procedures for accession to the WTO. The European Union is the only other international entity that seeks domestic reform through its accession procedure to establishing stable and strong domestic institutions capable of advancing the rule of law and human rights. No international organization other than the WTO has the ability to penetrate deep into the domestic procedural rules on administration of justice, transparency in government policy-making and induce institutional, legal and economic...

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