CIEL discusses options for suspending intellectual property protection to enforce WTO Dispute Settlement Rulings

May 6,2008

On May 6, 2008 CIEL organized a workshop in Geneva with developing country delegates and other stakeholders to discuss a new CIEL paper on SUSPENDING IP OBLIGATIONS UNDER TRIPS: A VIABLE ALTERNATIVE TO ENFORCE PREVAILING WTO RULINGS? The paper provides a comprehensive introduction and analysis of the opportunities and problems surrounding intellectual property (IP) cross-retaliation.

In two recent prominent disputes in the World Trade Organization (WTO), developing country complainants are using the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to induce compliance with favorable WTO rulings. Brazil in the US - Cotton dispute and Antigua in the US - Gambling case announced their intention to "cross-retaliate" against WTO-inconsistent measures of the US by suspending obligations under the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This approach can offer a practical alternative enforcement mechanism especially for developing countries and smaller economies in disputes against (developed) countries with significantly greater economic power in international trade. The concept has been explored in some academic writings and approved by WTO arbitrators in a recent US - Gambling decision and in response to Ecuador's retaliation request in the EC - Bananas III case.

The paper is available here.
The agenda of the meeting is available here.
The presentation by the author is available here.
The list of participants is available here.

For further information on these issues please contact: Marcos Orellana, +1 202 742 5847, morellana@ciel.org