Wto pdf

 The World Trade Organization (WTO) is the only global
international organization dealing with the rules of trade
between nations.
 WTO was established in 1995, and its predecessor
organization the GATT
 Currently has 153 members, of which 117 are developing
countries
singhneeraj1995@yahoo.com

 Formed after GATT (GENERAL AGREEMENT ON
TRADE AND TARRIFS)
 GATT was negotiated during the UN
Conference on Trade and Employment and
was the outcome of the failure of negotiating
governments to create the International
Trade Organization (ITO).

 GATT was signed in 1947 and lasted until
1993, when it was replaced by the World
Trade Organization in 1995

YEAR ROUND NAME SUBJECTS COVERED COUNTRIES
1947 GENEVA Tarrifs 23
1949 ANNECY Tarrifs 13
1951 TORQUAY Tarrifs 38
1956 GENEVA Tarrifs 26
1960-61 DILLON Tarrifs 26
1964-67 KENNEDY Tarrifs & anti-dumping measures 62
1973-79 TOKYO Tarrif & NTB`s, Agreements 102
1986-94 URUGUAY Tarrif & NTB`s, Interllectual
property, services, dispute
settlemnt, Creation of WTO
123

 GATT remained a provisional agreement
where as WTO commitments are permanent
 GATT rules applied only to goods while WTO
covers other areas such as services,
intellectual property etc.
 GATT did not had any institutional foundation
where as WTO is a permanent institution
 In case of any violation of a provision under
GATT , domestic legislation can be followed
BUT this is not allowed in WTO

 WTO covers many areas such as agriculture,
textiles, clothing etc which were not covered
under GATT
 The dispute settlement process under WTO is
much more Transparent & speedy unlike
GATT

 WTO provides various countries a platform to
enter into bilateral & multilateral trade
agreements
 The member countries have greater degree
of commitment
 Dispute settlement platform available for
member countries

 Administering and monitoring the application of
the WTO's agreed rules for trade in goods, trade
in services, and trade-related intellectual
property rights
 Monitoring and reviewing the trade policies
 Settling disputes
 Assisting the process of accession of some 30
countries who are not yet members of the
organization

• Conducting economic research and collecting
and disseminating trade data
• Educating the public about the WTO, its mission
and its activities
• The reduction or elimination of obstacles to
trade

 Non-Discrimination Principle
 MFN treatment
 National Treatment
 Fair trade – possibility to respond to unfair trading
practices such as dumping and subsidization
 Transparency

No discrimination between like
products / services originating in or
destined for other WTO Members.
Each trading partner gets immediately
and unconditionally the best
treatment given to any trading
partner even if not a WTO Member

Non- Discrimination Non-Discrimination
at the Border: Inside Border:
Equal Treatment between Equal Treatment
WTO Members’ Products between Imported
and Domestic
Goods
Article I GATT Article III GATT
(Article II GATS (Article XVII GATS
Article IV TRIPS) Article III TRIPS)

MEMBERS
OBSERVERS
SECRETARIAT
MINISTERIAL CONFERENCE
GENERAL COUNCIL
HORIZONTALISSUES
GOODS
SERVICES
INTERLLECTUAL
PROPERTY
PLURILATERAL
AGREEMENTS

COUNCIL FOR TRADE IN GOODS
COMMITTEES
• Market Access
• Agriculture
• Sanitary and Phytosanitary measures
(SPS)
• Technical Barriers to trade (TBT)
• Subsidies and countervailing measures
(SMC)
• Antidumping (ADP)
• Safeguards (SG)
• Customs valuation (VAL)
• Rules of origin (RO)
• Import Licensing procedures (LIC)
• Trade-related investment measures
(TRIMs)
[Textile Monitoring Body]
WORKING PARTY
on State Trading Enterprises
PLURILATERAL COMMITTEE
• Information Technology
Agreement (ITA)
COUNCIL FOR TRADE IN
GOODS (CTG)
Oversees the functioning of
Annex 1A

MarrakeshAgreementestablishingtheWTO
OBJECTIVES
Raising Standards of living
Ensuring full employment
Ensuring large and steadily growing volume of real income and effective demand
Expanding the production of and trade in goods and services, while allowing for the
optimal use of the world’s resources (sustainable development)

FUNCTIONS (1)
Framework to facilitate the implementation, administration and operation of WTO
Agreements
Framework to further the objectives of the WTO Agreements
Forum for negotiations in matters dealt with under the WTO Agreements

FUNCTIONS (2)
Forum for further negotiations (new rules and disciplines)
Framework to facilitate the implementation, administration and operation of new
agreements

FUNCTIONS (3)
Framework to administer the Understanding on Rules and Procedures Governing the
Settlement of Dispute (DSU)
Framework to administer the Trade Policy Review Mechanism (TPRM)

GATT Establishing WTO (Uruguay
Round -1993)
Multi-lateral
Agreements
on Trade in
Goods
General
Agreement
on Trade in
Services
Agreement
on TRIPS
Plurilateral
Trade
Agreements

 It includes commitments of member
countries to reduce the tariffs & not to
increase the tariffs above listed rates
 Creating Fairer markets in Agriculture:
Some of the developed countries they
were protecting their domestic agro-
industry by
Imposing Quantitative
restrictions
High import duties
Subsidies

 It is to reform trade in agriculture & to make
policies more market oriented.
 Elimination of TBs:
Developed
Countries: 6 yrs
Developing
Countries: 10 yrs
Tariffs (Average cut
for all agricultural
Products)
36% 24%

 Domestic Support: Categorization in three
parts:
 Green Box: It includes those subsidies which
will not hamper IT such as govt. expenditure
on agricultural research, pest control,
inspection etc, payment for natural Disaster,
Payment under environmental programmes
etc

 Amber Box: Ceiling on total domestic support
that a govt. can provide to its domestic
producers
 Blue Box: Direct Payments to Farmers in
which they have to restrict their production.

 Multi-fibre Arrangement (74-94): Quotas
limiting imports into a country
 On Jan 1, 2005: the quotas will cease to exist

 It sets out basic rules on food safety & plant
health Standards which will have scientific
basis.
 Members are encouraged to use International
standards such as WHO for food,
International Animal health Organization for
animal health etc.

 It has three main elements:
General Obligations & disciplines
Rules for specific sectors
Individual countries specific
commitments to provide access to their
markets

 It covers all Internationally Traded goods &
services e.g, Banking, telecom, tourism,
Professional services
 Modes of trading services:
Cross Border supply( BPO)
Consumption Abroad(Tourism)
Commercial
presence(Subsidiaries)
Travelling

 If a govt. commits itself to allow foreign
banks to operate in domestic market, it is
market access commitment

 TRADE RELATED INTELLECTUAL PROPERTY
RIGHTS :
Rapid exchange of
Knowledge & ideas has led to emergence of
this.
Examples: Books, computer software, online
services, Pa

The Word “Patent” comes from
the Latin “litterae patentes”,
meaning an open letter.

What Is A Patent ?
A Patent Is a statutory Instrument of Monopoly granted
as a reward :
- For An Invention
- By The Government
- To The Inventor
- For A limited Period.
In return for which the inventor has to disclose to the
Public, his invention in it’s entirety.

PATENT RIGHTS (Common To All Sectors)
Right to restrain
any unauthorised
third party
importing
manufacturing
selling
Consump
tion Stocking for sale
Depends on law,
harmonized rights

 The Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) is an
international agreement administered by the
World Trade Organization (WTO) that sets
down minimum standards for many forms of
intellectual property (IP) regulation. It was
negotiated at the end of the Uruguay Round
of the General Agreement on Tariffs and
Trade (GATT) in 1994

 Broadcasting organizations; geographical
indications, industrial designs; integrated
circuit layout-designs; patents; monopolies
for the developers of new plant varieties;
trademarks and undisclosed or confidential
information.

 TRIPS also specifies enforcement procedures,
remedies, and dispute resolution procedures.
 Protection and enforcement of all
intellectual property rights shall meet the
objectives to contribute to the promotion of
technological innovation and to the transfer
and dissemination of technology, to the
mutual advantage of producers and users of
technological knowledge and in a manner
conducive to social and economic welfare,
and to a balance of rights and obligations

 Copyright terms must extend to 50 years
after the death of the author.
 Copyright must be granted automatically,
and not based upon any "formality," such as
registrations or systems of renewal.
 Computer programs must be regarded as
"literary works" under copyright law and
receive the same terms of protection.

 The World Intellectual Property Organization
(WIPO) was established by a convention of
14 July 1967, which entered into force in
1970.
 It has been a specialized agency of the
United Nations since 1974, and administers a
number of international unions or treaties in
the area of intellectual property.

 WIPO’s objectives are to promote intellectual
property protection throughout the world
through cooperation among states and,
where appropriate, in collaboration with any
other international organization.

 The administration of the unions created
under the various conventions is centralized
through WIPO’s secretariat, the
“International Bureau”.
 The International Bureau also maintains
international registration services in the field
of patents, trademarks, industrial designs
and appellations of origin. WIPO also
undertakes development cooperation for
developing countries through advice, training
and furnishing of documents.

 An agreement on cooperation between WIPO
and the WTO came into force on 1 January
1996. The agreement provides cooperation in
three main areas:
 notification of, access to and translation of
national laws and regulations
 implementation of procedures for the
protection of national emblems
 and technical cooperation

 The term "TRIMs" represents "trade-related
investment measures". Governments impose
these measures to either encourage or
compel investment to achieve certain
national priorities. Conditions that can affect
trade are known as TRIMs.

 The Agreement on Trade Related
Investment Measures (TRIMs) are rules that
apply to the domestic regulations a country
applies to foreign investors, often as part of
an industrial policy.
 The agreement was agreed upon by all
members of the World Trade Organization.
(The WTO wasn't established at that time, it
was his predecessor, the GATT (General
Agreement on Trade and Tariffs). The WTO
came about in 1994-1995.

 TRIMs are rules that restrict preference of
domestic firms and thereby enable
international firms to operate more easily
within foreign markets.

 (1) Trade-Related Investment Measures
 In the late 1980s, there was a significant
increase in foreign direct investment
throughout the world. However, some of the
countries receiving foreign investment
imposed numerous restrictions on that
investment designed to protect and foster
domestic industries, and to prevent the
outflow of foreign exchange reserves

 Examples of these restrictions include local
content requirements (which require that
locally-produced goods be purchased or used),
manufacturing requirements (which require the
domestic manufacturing of certain components),
trade balancing requirements, domestic sales
requirements, technology transfer requirements,
export performance requirements (which require
the export of a specified percentage of
production volume), local equity restrictions,
foreign exchange restrictions, remittance
restrictions, licensing requirements, and
employment restrictions. These measures can
also be used in connection with fiscal incentives
as opposed to requirement.

 The priority is to settle the disputes through
Consultations
 During Uruguay Round a more structured
process has been established for prompt
settlement of disputes

 These approximate periods for each stage of a
dispute settlement procedure are target figures.
 The agreement is flexible.
 In addition, the countries can settle their
dispute themselves at any stage.

1. Subsidies
2. Customs Duties
3. Patent Protection
4. Anti-dumping
5. Countervailing duties

 60 Days-Consultations
 45 days-Panel set up & panelists appointed
 6 months-Final Panel report to parties ( 3 months
in case of Perishable goods)
 3 weeks- Final panel Report to WTO members
 60 days- Dispute settlement body adopts report
(If no appeal)
Total : 1 year (without appeal)
 60-90 days-Appeal resort (Appellate Body 3 out
of permanent 7 members)
 30 days- Dispute settlement body accept or
reject the appeal
Total:15 months (with appeal)

 On 12 April 2012, India requested
consultations with the US under the dispute
settlement system concerning the latter’s
countervailing duties on certain steel
products from India.

THANK YOU……

Wto pdf

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