© 1999 by Oxford University Press
WTO dispute settlement practice relating to the trips agreement
Z Intellectual Property Division, Secretary of the Council for TRIPS, WTO, 154 rue de Lausanne, CH-1211 Geneva 21, Switzerland Y Intellectual Property Division, WTO
This paper provides some statistical information on the 16 TRIPS disputes initiated to date and discusses the Panel and Appellate Body Reports issued and adopted to date. Some of the procedural issues that have arisen are addressed, but the main focus is on the interpretation of the TRIPS provisions in question and the interpretative issues that the Panels and the Appellate Body were faced with, and how the Panels and the Appellate Body approached the questions raised. Information is also provided about a pending panel procedure, the mutually agreed solutions reached to date and the pending consultations. Finally, dispute prevention under the TRIPS Agreement and the role of the review of implementing legislation in the Council for TRIPS in this connection is addressed.