Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Muñoz Tellez, Viviana --- "Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes" [2010] ELECD 565; in Correa, M. Carlos (ed), "Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849801072

Section: Chapter 8

Section Title: Dispute Settlement Under the TRIPS Agreement: The United States–Brazil (2000) and United States–Argentina (2002) Patent Disputes

Author(s): Muñoz Tellez, Viviana

Number of pages: 22

Extract:

8 Dispute settlement under the TRIPS
Agreement: the United States­Brazil
(2000) and United States­Argentina
(2002) patent disputes
Viviana Muñoz Tellez


The WTO dispute settlement system and the TRIPS agreement
The objective of the dispute settlement system of the World Trade
Organization (WTO) is to provide security and predictability to the mul-
tilateral trading system.1 The settlement of situations in which a member
considers that any benefits accruing to it directly or indirectly under the
covered agreements are being impaired by measures taken by another
member is considered essential to the effective functioning of the WTO
and the maintenance of a proper balance between the rights and obliga-
tions of members.2
In addition to finding solutions to disputes, the dispute settlement system
also works to clarify and interpret the provisions of WTO agreements. The
Ministerial Conference and General Council are empowered to render
interpretations of the WTO agreements. However, for the most part these
bodies do not exercise their authority to do so. Instead, members often rely
on the rulings of the Dispute Settlement Body (DSB), the Appellate Body,
panels and arbitrations to provide interpretative guidance on the agree-
ment provisions. Decisions taken by these bodies with respect to prior
specific disputes are informative for interpretation purposes in subsequent
disputes, but not binding. These decisions must not change the WTO law
that is applicable between the parties, that is, add to or diminish the rights
and obligations provided in the WTO Agreements.3
The WTO dispute ...