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SUBJECT INDEX T |
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The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva. |
tables of disputes AD 17 AD 535 AG 19 AG 110 GATS XXIII GATS 85 GATT XXII GATT 571 GATT XXIII:2 GATT 608 GPA XXII:2 GPA 19 LIC 6 LIC 43 SCM 30 SCM 366 SG 14 SG 243 SPS 11 SPS 158 TBT 14 TBT 53 Textiles Monitoring Body ATC 128 TRIMS 8 TRIMS 19 TRIPS 64 136, TRIPS 136 VAL 19 VAL 24 Consolidated Tariff Schedules (CTS) Database WTO 220, GATT 52-5 Integrated Data Base (IDB) WTO 220, GATT 50-1 tariff quotas see also MFN treatment (GATT I:1), "advantage", allocation of tariff quotas applicability of GATT XIII:2(a) GATT 401, 415 tariff measures distinguished GATT 415n.608 tax exemption as circumvention of export subsidy commitments (SCM 1) "categories of revenue" subject to or exempt from, right to determine SCM 25-7 extraterritorial income SCM 31 TBT Agreement see also Committee on Technical Barriers to Trade burden of proof, onus probandi actori incumbit TBT 9 Code of Good Practice (Annex 3), notification procedure (para. j) TBT 66 conformity with technical regulations and standards, procedures for assessment of conformity (TBT 5), Technical Working Group and TBT 41 consultation and dispute settlement (TBT 14), table of disputes TBT 53 GATT III:4 and GATT 278 harmonization of technical regulations (TBT 2.6) TBT 24 information about technical regulations, standards and conformity assessment procedures (TBT 10) enquiry points TBT 45-7 notification format for agreements with another country (TBT 10.7) TBT 49 "international standards ... as a basis for technical regulation" (TBT 2.4) applicability to pre-existing measures TBT 6-8 harmonization of technical regulations (TBT 2.6) and TBT 24 unilateral measures under MFA (TBT 2.5) TBT 23 "as the basis" TBT 16-19 "ineffective or inappropriate means" TBT 20-1 "international standard", consensus, relevance TBT 10-12 legitimacy of objective (TBT 2.2/2.4), relevance TBT 22 "relevant" TBT 14-15 "relevant parts of them" TBT 19 notification procedures (TBT 2.9) comments on notified regulations procedures for handling TBT 34 time-limits TBT 33 documentation processing of requests for TBT 32 translation TBT 31 electronic transmission TBT 36 labelling requirements TBT 28 listing of notifications TBT 35 notification format and guidelines TBT 27 "significant effect on trade of other members" (TBT 2.9 and 5.6) TBT 30 timing TBT 29 preparation, adoption and application of standards (TBT 4) dissemination of information relating to TBT 39 Marrakesh Code of Good Practice TBT 39 principles governing TBT 38, 42 publication of regulations/entry into force (TBT 2.12), "reasonable interval" TBT 37 review of implementation contents of Members' statements (TBT 15.2) TBT 55 Triennial Reviews of Operation and Implementation (TBT 15.4) TBT 56 standards (Annex 1.2) applicability in case of departure from ISO/IEC Guide (TBT 2.4) TBT 62 consensus, relevance (Annex 1.2 and Explanatory note) TBT 62, 63 technical assistance (TBT 11), TBT Committee parameters for exchanging information TBT 50 technical expert group, panel's right to establish (TBT 14.2), individual advice, right to seek TBT 54 "technical regulation" (Annex 1.1) TBT 2, 57-61 identifiability requirement TBT 58-61 express identification, relevance TBT 60 naming and labelling distinguished TBT 61 termination of Tokyo Round Agreement TBT 1 unilateral measures under MFA (TBT 2.5) and TBT 23 technical cooperation and capacity building (Doha Declaration) competition policy WTO 112 as core elements of development dimension of multilateral trading system WTO 64, 65 economic development and strategies for poverty reduction, Secretariat support for domestic efforts to mainstream trade into national plans for WTO 64 GATS tariff-cutting exercise and WTO 75 Global Trust Fund WTO 268 Integrated Framework for Trade-Related Technical Assistance to least-developed country Members and Joint Integrated Technical Assistance and Joint Integrated Technical Assistance Programme (JITAP), identification of ways of enhancing and rationalizing WTO 64 consultation by Director-General with relevant agencies, bilateral donors and beneficiaries WTO 64, 65 International Trade Centre, support for WTO 64 "New Strategy for WTO Technical Cooperation for Capacity Building, Growth and Integration", endorsement WTO 64 priorities accession to membership WTO 65 adjustment to WTO rules, disciplines and obligations and to rights of membership, assistance in WTO 64 coordinated delivery of technical assistance with bilateral donors WTO 64 economies in transition, support for WTO 64 long-term funding WTO 64 Members and Observers without representation in Geneva WTO 64 résumé of commitments WTO 64 WTO Guidelines (1996) WTO 198 technical cooperation (TRIPS 67), WIPO-WTO Agreement TRIPS 148 telecommunications (GATS provisions, applicability) see also International Telecommunications Union (ITU) MFN treatment (GATS II), exemption GATS 26 progressive liberalization (GATS XIX) GATS 76 Decision on Commitments in Basic Telecommunications GATS 76 GATS, Fourth Protocol GATS 76 Telecommunications, Group on Basic Telecommunications, establishment WTO 179, 182 Telecommunications, Negotiating Group on Basic Telecommunications, establishment WTO 179, 182, GATS 76, 95 termination: see investigation of dumping (AD 5)/subsidy (SCM 11), termination (SCM 11.9); notice of appeal, requirements (AB/WP 20(2)), withdrawal of appeal (AB/WP 30) termination of treaty for breach (VC 60), rights created prior to, effect on (VC 70) DSU 474, 512 terms of reference (Committees and Working Groups): see individual Committees and Working Groups terms of reference of panels (DSU 7) see also competence (panels); competence of panels and AB (DSU 3.2); relationships within and between agreements; request for establishment of panel, requirements (DSU 6.2); review of implementation of DSB rulings (DSU 21.5), competence of DSU 21.5 (compliance) panel; standard of review (DSU 11) as definition of jurisdiction/legal claims at issue SPS 147, DSU 185 failure to make specific mention of alleged inconsistency (DSU 23.2(a)) DSU 220 legal claim included in terms of reference, limitation of jurisdiction to DSU 215-16, 221 failure of parties to produce evidence or arguments SG 15 "matter referred to the DSB", as identified in DSU 6.2 AD 489, 530, DSU 186-222 limitation to provisions in covered agreements cited by parties, whether SG 172, DSU 222, 245 request for establishment of panel as basis AD 493, DSU 121 special terms of reference (DSU 7.3) DSU 225 unilateral amendment, exclusion DSU 195 Textiles and Clothing Agreement (ATC) cotton-producing exporting members (ATC 1.4) ATC 4 integration provisions (ATC 1.5) ATC 5 least-developed country Members and (ATC 1, footnote 1) ATC 3 object and purpose, full integration of textiles into GATT ATC 31 quantitative restrictions, elimination GATT 360 Textiles and Clothing Agreement (ATC), administration of restrictions (ATC 4) changes, requirements (ATC 4.2) ATC 26 mutually acceptable solution (ATC 4.4) ATC 26 Textiles and Clothing Agreement (ATC), circumvention of quotas (ATC 5) ATC 27-33 "appropriate action, to the extent necessary ... " ATC 27, 28 "other remedies in consultation" ATC 29-32 false declaration (ATC 5.6) ATC 27, 34 introduction of new restraints, admissibility ATC 34 Textiles and Clothing Agreement (ATC), integration process (ATC 2) administrative arrangements, agreement on (ATC 2.17), new quantitative restrictions and ATC 18 conformity with ATC provisions, need for (ATC 2.4) GATT 642, ATC 7 transitional safeguards (ATC 6) and ATC 110-11 "ex-positions" (ATC 2.6) ATC 8-11 Colombia ATC 8-9 growth-on-growth provisions (ATC 2.13 and 2.14) ATC 15-17 improvements in access (ATC 2.18) ATC 20 late notifications (ATC 2.7(b)) ATC 12 new restraints not requiring notification, possibility of ATC 6 notifications (ATC 2.8(a) and 2.11) ATC 13 regional trade agreements (GATT XXIV) as exception/defence GATT 616n.849, 637, 642 Textiles and Clothing Agreement (ATC), quantitative restrictions (ATC 3) phase out programme (ATC 3.2(b)) ATC 24-5 "restrictions" (ATC 3.1) ATC 23 restrictions not covered by ATC 2 (ATC 3.1) ATC 22 Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6) ATC 31 application of transitional safeguards (ATC 6.4) ATC 36 attribution of damage from "sharp and substantial increase in imports" (ATC 6.4) ATC 36, 47, 77, 78, 79-80 "factors" ATC 86 "from a Member" ATC 83-5 "from Member or Members individually" ATC 79, 81 proportionality and ATC 86 "sharp and substantial increase in imports" ATC 80 as balance of rights and obligations ATC 43, 96 burden of proof ATC 43 "more favourable treatment" for re-imports (ATC 6.6(d)) "in the application of" (ATC 6, chapeau) ATC 88 options for ATC 89 notification, need for ATC 37 object and purpose (ATC 1.1) and ATC 1 provisional application of restraint measures authorized under ATC 10 (ATC 11) consultations (ATC 6.7) and ATC 102 "highly unusual and critical circumstances" ATC 104-8 evidence of ATC 108 inappropriate recourse to, effect on transitory safeguard measures ATC 106-7 notification requirements (ATC 6) and ATC 103 procedural and substantive elements distinguished ATC 105 retroactivity (ATC 6.10) and ATC 100 relevant factors (ATC 6.3), obligation to examine all ATC 74-5, SG 113-14 retroactivity (ATC 6.10): see retroactivity (trade measures) (ATC 6.10) serious damage or actual threat thereof (ATC 6.2), Member's determination of, requirements "a particular product producted being imported" ATC 47 "demonstrably" ATC 69-70 "directly competitive" GATT III:2, applicability, see also directly competitive or substitutable products (GATT III:2) GATT III:2, applicability ATC 58 proximity of relationship, relevance ATC 59 "domestic industry producing like and/or directly competitive products" "and/or" ATC 63 captive production ATC 62 "domestic industry", absence of ATC definition ATC 64 "producing" ATC 56 product-oriented definition ATC 55 due diligence, available evidence, limitation to ATC 41 "in such increased quantities" ATC 49-50 investigation period length ATC 53 recent damage, need for ATC 54, 72 "not by other factors" ATC 71 notification to TMB ATC 37 "or actual threat thereof" ATC 51 "serious damage", change of equipment, whether ATC 52 serious damage or actual threat thereof (ATC 6.2) ATC 36 specific factual information ATC 45-6 Textiles Monitoring Body (TMB) administration of restrictions (ATC 4) ATC 26 composition (ATC 8.1) ATC 117 ad personam status of members ATC 118-19 integration process (ATC 2) and ATC 6-21, 129 members, independence of governments ATC 119 notification requirements (ATC 6) ATC 37 provisional application of restraint measures authorized under ATC 10 (ATC 11) and ATC 103 recommendations inability to conform, reasons (ATC 8.10) ATC 126-7 legal status (ATC 8.9) ATC 125 Report to Council for Trade in Goods on implementation of ATC pr0visions in favour of the least developed countries ATC 3-5 review of integration process (ATC 8.11), reports to Council for Trade in Goods ATC 129 review proceedings consultations (DSU 4) and DSU 112 information made available at time of request for consultations (ATC 6.7), limitation to ATC 42, 116 inadequacy of information ATC 64-8, 90-4 right to request establishment of panel (DSU 4) following completion (ATC 8.10) ATC 116, DSU 112 statements made during, admissibility in panel proceedings (DSU 11) ATC 38-9, DSU 288 table of disputes ATC 128 role (ATC 8) dispute settlement panels distinguished ATC 115, DSU 290 fact-finding ATC 116 objective assessment of compliance with ATC 6 requirements ATC 116, DSU 289 Singapore Declaration ATC 114 standard of review (ATC 8.3) ATC 124 administrative arrangements, agreement on (ATC 2.17) ATC 18 conformity with ATC provisions, need for (ATC 2.4) ATC 6-7 consultations (ATC 6.7) ATC 90-4 "ex-positions" (ATC 2.6) ATC 8-11 growth-on-growth provisions (ATC 2.13 and 2.14) ATC 15-17 improvements in access (ATC 2.18) ATC 20 inability to conform with TMB recommendations, reasons (ATC 8.10) ATC 126-7 late notifications (ATC 2.7(b)) ATC 12 notifications (ATC 2.8(a) and 2.11) ATC 13 provisional application of restraint measures authorized under ATC 10 (ATC 11) ATC 102, 103, 104-9 restrictions other than those covered by the MFA (ATC 3) ATC 22-5 review proceedings ATC 42 transitional safeguards (ATC 6.2), requirements ATC 45-6, 48, 49-50, 54, 64-8, 72 transparency, need for ATC 114 Working Procedures (ATC 8.2) "consensus" ATC 122-3 Rules of Conduct, adoption ATC 121 Thailand - H-Beams (AB) amicus curiae briefs, containing another party's confidential information DSU 394, 620, 639 Anti-Dumping Agreement (AD), determination of injury (AD 3) "positive evidence" / "objective examination" requirement (AD 3.1) AD 17.6 (standard of review) distinguished AD 88 confidential evidence, admissibility AD 86-9 "objective examination", industry as a whole, need to examine AD 88 undisclosed evidence AD 86-7, 506-7 substantive obligations as focus of AD 3, underlying principles (AD 3.1) AD 78 threat of material injury (AD 3.7), establishment "based on facts, not merely allegation, conjecture or remote possibility" AD 87 burden of proof, prima facie case, need for, explicit finding, relevance DSU 282 confidentiality of proceedings (DSU 14/DSU 17.10/DSU 18.2/WP 3) evidence of breach DSU 394 obligation to respect/ensure respect for DSU 394 due process (dispute settlement proceedings), prejudice to party, relevance DSU 169 good faith (including pacta sunt servanda principle (VC 26)), dispute settlement procedures, engagement in (DSU 3.10) DSU 85 interpretation of covered agreements, ordinary meaning "establishment" AD 506 "proper" AD 506 "unbiased and objective" AD 509 investigation of dumping (AD 5)/subsidy (SCM 11) evidence, sufficiency (AD 5.2) AD 87 evidence, sufficiency, investigating authority's obligation to examine accuracy and adequacy (AD 5.3) AD 87 investigation of dumping, evidentiary rules (AD 6), full opportunity for defence of interests, right to (AD 6.2) AD 87 preliminary rulings, amicus curiae briefs DSU 620 public notice of preliminary or final determination (AD 12.2) "all relevant information on the matters of fact and law and reasons for" measures (AD 12.2.2) AD 87 "all relevant information on the matters of fact and law and reasons" for measures (AD 12.2.2) AD 87 relationships within and between agreements, AD 3.1/AD 3.7 AD 87 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, specificity, preliminary ruling on DSU 612 standard/powers of review (AD 17.6) assessment of the facts (AD 17.6(i)) AD 3.1 (determination of injury) distinguished AD 88 "unbiased and objective" AD 509 "facts made available" (AD 17.5(ii)), disclosure/discernibility to interested parties by time of final determination, relevance AD 89, 499, 506-7, 509 investigating authorities' establishment of facts (AD 17.6(i)), "proper" AD 506 parties' obligations (AD 17.5/17.6), AD 3.1 (determination of injury) distinguished AD 88-9 Thailand - H-Beams (Panel) Anti-Dumping Agreement (AD), determination of dumping (AD 2) calculation of administrative, selling and general costs and profits (AD 2.2.2) actual books and records as basis AD 32 reasonability test, relevance AD 38, 39 Anti-Dumping Agreement (AD), determination of injury (AD 3) country by country analysis/cumulative assessment of volume and prices (AD 3.2) "consider ... a significant increase in dumped imports" "consider" AD 101 "significant", designation as, relevance AD 101 frequency of analysis AD 99 methods, Members' freedom of choice AD 97 evaluation of injury factors (AD 3.4) all relevant economic factors and indices, need to examine checklist approach AD 124n.162 grammatical structure, relevance AD 115 "including" AD 114 "or" AD 115 "evaluation" AD 120 examination of other known factors (AD 3.5) illustrative nature of list AD 138 "known" to investigating authority AD 136 Anti-Dumping Agreement, preparatory work (VC 32), AD 3.4 AD 114 calculation of administrative, selling and general costs and profits (AD 2.2.2), "same general category of products" AD 31-3 interpretation of covered agreements, applicable law, customary rules of interpretation of public international law [as codified in the Vienna Convention on the Law of Treaties (1969)], DSU 3.2 AD 114n.142 interpretation of covered agreements, guidelines, text/plain language AD 38 interpretation of covered agreements, means, dictionaries AD 101, 215 investigation of dumping (AD 5)/subsidy (SCM 11) evidence, sufficiency (AD 5.2) evidence of causal link (AD 5.2(iv)), "information" and analysis distinguished AD 186 "simple assertion, unsubstantiated by relevant evidence", raw numerical detail AD 187 notification to government of exporting Member (AD 5.5) content AD 216 form of notification AD 215 public notice and explanation of determinations (AD 12) distinguished AD 243 public notice and explanation of determinations (AD 12), notification to government of exporting Member (AD 5.5) distinguished AD 243 relationships within and between agreements AD 2.2.2 as a whole AD 32 AD 2.2.2(i)/AD 3.6 AD 33 AD 3.1/AD 3.7 AD 87 AD 3.1/AD 6 AD 87 AD 5.5/AD 12 AD 243 request for establishment of panel, requirements (DSU 6.2) identification of specific measures at issue, establishment of prima facie case distinguished DSU 178 legal basis of claim, arguments distinguished DSU 178 standard/powers of review (AD 17.6), "facts made available" (AD 17.5(ii)), evidence before authority at time of determination, limitation to AD 505 transparency, written record/notification and AD 215 Article 22.6 arbitration DSU 507-9 authority of Panel to direct third-party participation DSU 240, 335 consultations (DSU 4.11) DSU 123, 238 "essential party" concept DSU 241-2 panel proceedings (DSU 10 and Appendix 3) claims, resurrection of abandoned AD 495, DSU 219 enhancement in accordance with due process agreement between the parties, relevance DSU 232, 236 opportunity to be heard at second substantive meeting DSU 233 panel's discretion and DSU 229, 232, 237 participation in interim review process (DSU 15), exclusion DSU 234 presence at second substantive meeting DSU 229, 233 submission of additional written material, exclusion DSU 233 GATT practice DSU 232 multiple complainants (DSU 9) and DSU 229-30, 230, 235-7 opportunity to be heard (DSU 10.2) DSU 232, 320 "present their views" (Appendix 3, para. 6) DSU 233 right to receive submissions to first meeting of the panel (DSU 10.3) DSU 231 "substantial interest", need for (DSU 10.2) DSU 123, 238 written submissions (DSU 10.2) DSU 232 Working Procedures (AB), amendment DSU 377-8 Third UN Conference on least-developed country Members (LDC-III): see least-developed country Members, Third UN Conference on (LDC-III) (Brussels Declaration) threat of injury: see Anti-Dumping Agreement (AD), determination of injury (AD 3); safeguard measures (SG/GATT XIX), conditions (SG 2); Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member's determination of, requirements time-limits: see evidence (panel procedures) (DSU 12), time-limits for submission; investigation of dumping, evidentiary rules (AD 6); State trading enterprises (GATT XVII), notification requirements (GATT XVII:4/Understanding on the Interpretation of Art. VII); "withdrawal of subsidy without delay" (SCM 4.7) time-periods, calculation (DSU 2) DSU 14 TMB: see Textiles Monitoring Body (TMB) Tokyo Round Anti-Dumping Code AD 304 developing country Members (Art. 13) AD 457n.529 legislation as such, right to challenge AD 477 Tokyo Round Committee on Customs Valuation: see Committee on Customs Valuation, adoption of Tokyo Round Committee decisions TPRM: see Trade Policy Review Mechanism (TPRM) trade and competition policy (Doha Round) cooperation with other international organizations WTO 48 cooperation through regional and bilateral channels WTO 113 hardcore cartels WTO 114 non-discrimination and procedural fairness WTO 114 transparency WTO 114 voluntary cooperation modalities WTO 114 developing and least-developed country Members, respect for needs of developmental needs including technical assistance and capacity building WTO 48, 114 flexibility towards WTO 49, 114 timing of negotiations WTO 48 Trade and Competition Policy, Working Group on Interaction between establishment (Singapore Ministerial Conference) WTO 106, 111, 120 procedure, annual reports to General Council WTO 115 terms of reference WTO 111 Work Programme/priorities WTO 49 see also trade and competition policy (Doha Round), core principles amendment (1998) WTO 112 amendment (Doha Declaration) WTO 113 clarification of core principles WTO 49, 114 Trade, Debt and Finance, Working Group on (Doha Declaration) trade-related measures within mandate and competence of WTO to contribute to problem of external indebtedness of developing and least-developed country Members, examination of WTO 62 trade and environment, negotiations on relationship between WTO rules and MEAs (Doha Declaration) WTO 58-9, 86-8 see also Committee on Trade and Environment clarification of relevant WTO rules, identification of need for WTO 58 criteria for observer status WTO 58 elimination of tariff and non-tariff barriers to environmental goods and services WTO 58 see also fisheries subsidies limitation to application of WTO rules as among parties to MEA in question WTO 58 regular information exchange between MEA Secretariats and WTO committees WTO 58, 86 relevant factors compatibility with open and non-discriminatory nature of multilateral trading system WTO 58, 87 developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building WTO 58, 88 environmental reviews at national level, sharing of expertise and experience WTO 58, 88 rights and obligations of Members under existing WTO agreements avoidance of any addition to or diminishment of WTO 58, 86 maintenance of balance between WTO 58 report on, Ministerial request to Committee on Trade and Environment WTO 222 Special Session of the Committee on Trade and Environment responsibility for negotiations WTO 71, 86 SPS Agreement and WTO 58, GATT 517 trade facilitation (Doha Round) developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building WTO 51 expedition of movement, release and clearance of goods, need for WTO 51 timing of negotiations WTO 51 trade facilitation (Singapore Ministerial Conference), working group, establishment WTO 120 trade and investment, relationship (Doha Round) developing and least-developed country Members, respect for needs of, developmental needs including technical assistance and capacity building WTO 108 balance of interests of countries of origin and host countries WTO 45, 109 cooperation with other international organizations WTO 45, 108, 113 developing and least-developed country Members special development, trade and financial needs WTO 45, 109 support and technical cooperation WTO 45, 109 host governments' development policies and objectives WTO 45, 109 host governments' right to regulate in public interest WTO 45 timing of negotiations WTO 45 Trade and Investment, Relationship, Working Group on mandate/priorities (Singapore), see also trade and investment, relationship (Doha Round), relevant factors Work Programme WTO 46 Trade and Investment, , Working Group on Relationship between establishment (Singapore Ministerial Conference) WTO 106, 120 mandate/priorities (Doha) clarification of issues WTO 109 technical assistance and capacity building WTO 108 mandate/priorities (Singapore), examination of relationship between trade and investment WTO 107 Work Programme, Checklist of Issues Suggested for Study (1997) WTO 107 trade names (Paris Convention (1967) (PC 8)) applicability of trademark findings TRIPS 24 incorporation in TRIMS Agreement TRIPS 5, 12, DSU 54 ownership issues and TRIPS 13 Trade Negotiations Committee (TNC) appointment of Director-General as chair WTO 70 mandate establishment of appropriate negotiating mechanisms WTO 22, 70 responsibility for overall conduct of Doha round negotiations WTO 70 supervision of progress of negotiations WTO 70 Trade Policy Review Body (TPRB) functions, reviews (TPRM C) WTO 143 reports (TPRM C) TPRM 9 rules of procedure (1995) WTO 144 Trade Policy Review Mechanism (TPRM) mission (TPRM A) TPRM 1 GATT practice TPRM 2 reporting obligation (developments in international trading environment (TPRM G)) TPRM 30 reporting obligations (Members) (TPRM D), government reports TPRM 22-7 review of operation (TPRM F) TPRM 28-9 review procedures (TPRM C) WTO 143 documentation (TRPM C(v)) general considerations TPRM 18 government reports TPRM 22-4 Secretariat reports TPRM 20 documentation (TRPM C(v)) timing of submission TPRM 25-7 grouped review of "entities having a common external policy" (TPRM C(ii)) TPRM 13-16 rank of representation and duration (TPRM C(iii)) TPRM 17 timing and frequency TPRM 10-12 reviews undertaken (TPRB C) WTO 146, TPRM 8 rules of procedures TPRM 6-7 transparency (TPRM B) TPRM 3-4 trademarks (Paris Convention (1967) (PC)) see also TRIPS Agreement, trademarks expropriation (PC 6bis) TRIPS 8 registration in country other than that of applicant's origin acceptance of trademark registered in country of origin according to domestic legislation in that country (PC 6quinquies) TRIPS 7, 11 "as is" / "telle quelle" TRIPS 11 right of Paris Union Members to determine conditions (Art. 6(1)) TRIPS 7 State emblems, official hallmarks and emblems of intergovernmental organizations (PC 6ter) TRIPS 9-10 WIPO-WTO Agreement TRIPS 9-10 traditional knowledge and folklore, protection WTO 78-9 transfer of technology, measures within WTO mandate, examination of possibilities (Doha Declaration) WTO 63 translation, technical regulations, documentation relating to TBT 31 transparency AD Agreement and: see investigation of dumping, evidentiary rules (AD 6), confidential information (AD 6.5); public notice and explanation of determinations (AD 12) competition policy and WTO 114 Doha Round negotiations WTO 25 GATS and: see GATS, transparency (GATS III) government procurement: see government procurement, transparency SPS 7: see SPS Agreement, transparency of SPS regulations (SPS 7 and Annex B) TMB ATC 114 written record/notification and AD 126-7, 215 treaty interpretation: see interpretation of covered agreements, guidelines see also Committee on TRIMS (Trade-Related Investment Measures) consultation and dispute settlement (TRIMS 8), table of disputes TRIMS 19 Decision on Implementation-Related Issues and Concerns and, extension of transition periods WTO 47 extension of transition periods (TRIMS 5.3) TRIMS 10-12 Decision on Implementation-Related Issues and Concerns and WTO 47 General Council direction to give positive consideration to, a, General Council, functions, guidance of councils established under Art. IV:5, requests for extension of transition periods (TRIMS Art. 5.3) and WTO 161 Illustrative List local content requirements (Item 1) TRIMS 4 national treatment (GATT III:4) and: see TRIMS Agreement, national treatment (GATT III:4) and, Illustrative List tax and customs duty benefits (para. 1(a)) TRIMS 5, 26 as integral part of WTO Agreement TRIMS 24-5 "investment measures" (TRIMS 1) TRIMS 1-2 legislative measures, relevance TRIMS 2 "related to trade" TRIMS 3 national treatment (GATT III:4) and GATT 272n.412, 283-6, TRIMS 23-32 Illustrative List GATT 283, TRIMS 3, 5, 26 notifications (TRIMS 5.1), Council for Trade decisions relating to TRIMS 8-9, 17-18 quantitative measures (GATT XI and) GATT 272n.412, TRIMS 31-2 relationship with other agreements, SCM TRIMS 33-5, SCM 388-9 review of operation (TRIMS 9) TRIMS 20 transparency (TRIMS 6), publications in which TRIMS may be found (TRIMS 6(2)) TRIMS 13 TRIPS Agreement see also Council for TRIPS acquisition and maintenance of intellectual property rights (TRIPS 62) unwarranted curtailment, prohibition (TRIPS 62.2) freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3 term of protection (TRIPS 33) as distinct and cumulative provision TRIPS 3, 131 "acts" (TRIPS 70.1) TRIPS 154-6 Berne Convention and (TRIPS 9) see also copyright protection (Berne Convention (1971)) conflict, avoidance TRIPS 41 incorporation, effect TRIPS 38, 110 minor exceptions doctrine TRIPS 52, 59-60 renewability, harmonization of provisions TRIPS 54bis treaty succession (VC 30) and TRIPS 39 developing country Members, right to delay application (TRIPS 65) TRIPS 95, 139-40 dispute settlement (TRIPS 64) DSU, applicability (DSU 1.1) DSU 2, 69 non-application of non-violation complaints (TRIPS 64.3) procedure Council for TRIPS Agreement, role WTO 105 Ministerial Conference, role WTO 105 non-violation and situation complaints, moratorium TRIPS 137, DSU 69 table of disputes TRIPS 136 environmental considerations and WTO 58 exceptions (TRIPS 30): see patents (TRIPS, Section 5), exceptions (TRIPS 30) exclusive rights (TRIPS 28) TRIPS 97 existing rights, applicability to (TRIPS 70) "acts which occurred before date" (TRIPS 70.1) and "existing at the date" (TRIPS 70.2) distinguished TRIPS 153, 157 exclusive rights (TRIPS 70.9), waiver in respect of least-developed countries TRIPS 162 freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3 obligation to provide means for filing applications relating to delayed application of TRIPS 27 (TRIPS 70.8) TRIPS 158-9 exclusive marketing rights, requirements (TRIPS 70.9) and TRIPS 160-1 patent protection (TRIPS 27) and TRIPS 95 "subject matter" (TRIPS 70.2) TRIPS 157 term of protection (TRIPS 33) and TRIPS 163 transitional arrangements (TRIPS 65) and TRIPS 143-4 fair and equitable procedures (TRIPS 42) international minimum standard (TRIPS 1.3) and TRIPS 122 as procedural obligation TRIPS 122-3 requirement (TRIPS 41.2) TRIPS 120 "right holders" TRIPS 120, 121 implementation (TRIPS 71.1), relevant factors, object and purpose (TRIPS 7) WTO 78-9, TRIPS 156 intellectual property conventions (TRIPS 2) Paris Convention (1967), incorporation (TRIPS 2.1) TRIPS 5-14, DSU 54 see also trade names (Paris Convention (1967) (PC 8)); trademarks (Paris Convention (1967) (PC)) preservation of existing obligations (TRIPS 2.2) TRIPS 14 international negotiations: exceptions (TRIPS 24), Checklist of Questions TRIPS 86 least-developed country Members and: see least-developed country Members (TRIPS 66) limitations and exceptions (TRIPS 13) broadcasting to the public (Berne 11bis) and TRIPS 58-60 conflict with Berne Convention (1971), exclusion TRIPS 54 cumulative nature TRIPS 57 legitimacy/legitimate public policy and TRIPS 62-4 "legitimate" TRIPS 71 "legitimate interests" "interests" TRIPS 71 ordinary meaning TRIPS 71 relationships within and between agreements TRIPS 70 limitation to new TRIPS rights, whether TRIPS 55 "normal exploitation of the work" application to individual exclusive rights, need for TRIPS 67, 72 criteria/test TRIPS 68-9 "exploit" TRIPS 65 "normal" TRIPS 66 "prejudice", criteria/test TRIPS 72-4 national treatment (TRIPS 3): see national treatment (TRIPS 3) notification formats TRIPS 25, 31 notification obligations TRIPS 25, 31, 133-4 object and purpose, effective and adequate protection of intellectual property rights TRIPS 1 obligations (TRIPS 1) implementation, freedom to choose method (TRIPS 1.1) TRIPS 2-3 "intellectual property" (TRIPS 1.2), categories covered TRIPS 4 patents: see patents (TRIPS, Section 5) retroactivity (TRIPS 70.1) TRIPS 153, DSU 63 review and amendment (TRIPS 71) implementation (TRIPS 71.1) WTO 78-9 relevant factors new developments WTO 78-9 object and purpose (TRIPS 7) WTO 78-9 principles (TRIPS 8) WTO 78-9 protection of biodiversity WTO 78-9 protection of traditional knowledge and folklore WTO 78-9 "shall have authority" (TRIPS 43-8) TRIPS 125 technical cooperation (TRIPS 67): see technical cooperation (TRIPS 67) term of protection (TRIPS 33), freedom to choose method of implementation (TRIPS 1.1) and TRIPS 3 trade names, obligation to protect TRIPS 5, 12 denial of protection on "other grounds" (TRIPS 15.2) TRIPS 76 national treatment (TRIPS 3): see national treatment (TRIPS 3), "less favourable treatment", protection of trade-related property rights and "protectable subject-matter" (TRIPS 15) TRIPS 75-6 "distinctiveness" requirements, restrictions on legislative conditions and TRIPS 75 rights conferred (TRIPS 16) "the owner" (TRIPS 16.1) TRIPS 78 usage and registration as basis of ownership distinguished TRIPS 78-9 transitional arrangements (TRIPS 65) developing country Members and TRIPS 95, 139-40, 142 "lesser degree of consistency" (TRIPS 65.5) TRIPS 141 procedural nature TRIPS 138, 140 TRIPS Agreement and Public Health, Declaration on (2001) WTO 280 UN Convention on Biodiversity and WTO 78-9 wines and spirits, additional protection for geographical indications (TRIPS 23) WTO 43, 71, 78, TRIPS 84-5 WIPO Copyright Treaty (1996) and TRIPS 42 patentability of plant and animal inventions: see biodiversity, protection, patentability of plant and animal inventions (TRIPS 27.3(b)), review (Doha Declaration) public health and WTO 41-2, 78 Declaration on the TRIPS Agreement and Public Health WTO 42 traditional knowledge and folklore, protection WTO 78-9 wines and spirits, geographical indications: see Council for TRIPS, Special Session, wines and spirits, geographical indications, responsibility for negotiations Turkey, preferential tariff treatment for least-developed country Members, notification GATT 47 Turkey - Textiles (AB) customs unions (GATT XXIV:5(a)) chapeau, relationship with GATT 616-18, 620 as defence or exception economic test GATT 623 on formation of customs union, limitation to GATT 616-18 "would be prevented unless" requirement GATT 632, SG 46 GATT XI and XIII and ATC 2.4 GATT 637, 642 definition (GATT XXIV:8(a)) internal trade arrangements (GATT XXIV:8(a)(i)) GATT 631-2 trade with third countries ("substantially the same") (GATT XXIV:8(a)(ii)) GATT 634-5 GATT 1994 Understanding on Article XXIV GATT 621-3 object and purpose (GATT XXIV:4) GATT 614, 625 "regulations of commerce", GATT 1994 Understanding on Article XXIV GATT 622 interpretation of covered agreements, specific terms and phrases, "regulations of commerce" (GATT XXIV:5) GATT 622 quantitative restrictions, elimination (GATT XI), regional trade agreements (GATT XI) as defence/exception GATT 616-18, 632 relationships within and between agreements, GATT XXIV as a whole GATT 614 Turkey - Textiles (Panel) burden of proof affirmative defence DSU 265 onus probandi actori incumbit DSU 265 consultations (DSU 4), adequacy of consultations, Panel responsibilities in relation to DSU 91 customs unions (GATT XXIV:5(a)) consistency with GATT and WTO WTO 6 as defence or exception GATT 616 GATT XI and XIII and ATC 2.4 GATT 637, 642 GATT 1994 Understanding on Article XXIV WTO 6 legislation as such, right to challenge DSU 143, 335 due process (dispute settlement proceedings), opportunity to defend oneself DSU 209 legislation as such, right to challenge, legislation adopted by customs union DSU 143, 335 nullification or impairment (DSU 3.8) adverse impact/prejudice, relevance DSU 80 presumption in case of inconsistency with covered agreement DSU 80 quantitative restrictions, elimination (GATT XI), GATT preference for tariffs and GATT 360 regional trade agreements (GATT XXIV:5) Singapore Ministerial Declaration WTO 6 WTO Preamble and WTO 6 request for establishment of panel, requirements (DSU 6.2), identification of specific measures at issue, specificity sufficient to present the problem clearly DSU 209 Singapore Ministerial Declaration, regional trade agreements (GATT XXIV:5) WTO 6 State responsibility, common organ, responsibility of individual States for DSU 64-5 third party rights authority of Panel to direct third-party participation DSU 240, 335 "essential party" concept DSU 241-2
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