Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation and Situation Complaints - Summary Note by the Secretariat - Revision
- WTO Secretariat
- 2004/12/01
- 已被閱讀 1447次
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World Trade
Organization IP/C/W/349/Rev.1
24 November 2004 (04-5108) Council for Trade-Related Aspects
of Intellectual Property Rights
non-violation and situation complaints
Summary Note by the Secretariat
Revision
I. Introduction 1
II. exceptional character of the non-violation remedy 3
III. purpose of the non-violation remedy 3
IV. nature of benefits accruing under the trips agreement 7
V. Nature of Measures that could be at Issue 13
VI. Causality 16
VII. Burden of Demonstration of Nullification and Impairment 16
VIII. Remedy 16
IX. need for guidance 17
X. proposals FOR ACTION 18
XI. Situation complaints 22
XII. Impediment to attainment of an objective 23
Introduction
At its meeting on 21 September 2004 the Council requested the Secretariat to update the Summary Note of the points raised in the substantive discussion of this agenda item so far (IP/C/W/349), which it had prepared in response to a request from the Council in