Chapter 22: Settlement of disputes
Before the adoption of the TRIPS Agreement, the general rule for all the conventions discussed here was that a possible responsibility towards other contracting parties to the various conventions could be made under the general rules of public international law only, that is, first and foremost through diplomatic channels. Article 33 of the Berne Convention, however, in this respect refers such possible disputes to the International Court of Justice, but at the same time allows member states to declare when signing the Act or depositing their instrument of ratification or accession that they do not consider themselves bound by that provision. A similar recognition of the jurisdiction of the International Court of Justice is contained in Article 30 of the Rome Convention, however, with no possibility of making a reservation. In practice, no cases concerning copyright or related rights seem to have been submitted to the Court. There are no similar provisions in the Phonograms and Satellites Conventions or in the WCT, WPPT, BTAP or Marrakesh VIP Treaty. Contrary to this, Article 63 of the TRIPS Agreement provides for notification, publication and review of national implementing legislation in the Council for TRIPS. Article 64 further makes the provisions on settlement of disputes from the 1994 WTO Agreement, as elaborated and applied by the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 of the WTO Agreement applicable to consultations and the settlement of disputes under the TRIPS Agreement except as otherwise specifically provided therein.
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