Intellectual Property in the WTO Volume II
- Research Handbooks on the WTO series
Edited by Carlos M. Correa
Chapter 4: Accession to the WTO, Intellectual Property Rights and Domestic Institutions
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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