Cross-Retaliation in TRIPS: Options for Developing Countries
by Frederick Abbott
ICTSD Dispute Settlement and Legal Aspects of International Trade Series • Issue Paper 8
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Cross Retaliation in TRIPs: Options for Developing Countries PDF • 0.82 MBCross Retaliation in TRIPS: Options for Developing countries
by Frederick M. Abbott
The possibility for developing WTO Members to suspend concessions in the field of trade-related intellectual property rights (TRIPS) to redress an injury suffered with respect to trade in goods or services is a trade issue receiving increasing attention. Cross-retaliation is expressly contemplated by the WTO Dispute Settlement Understanding (DSU). WTO arbitrators have so far approved TRIPS cross-retaliation on two occasions: in favour of Ecuador against the European Communities (EC) and Antigua against the United States (US).
Cross Retaliation in TRIPS: Options for Developing Countries examines many legal questions raised by cross-retaliation in TRIPS and seeks to provide some answers to them. It analyses the cross-cutting issues raised by external commitments and national IPRs-related rules, and looks at each major categories of IPR to suggest practical approaches to suspending (or not suspending) them.
Beyond these legal and practical problems, the paper underlines that the main obstacle facing the less powerful WTO Members in seeking to implement cross-retaliation in TRIPS is likely to be political in nature, in the form of pressures from industry groups and governments of more powerful Members. WTO Members contemplating cross-retaliation in TRIPS should be aware that this will be no easy task.
This paper is produced jointly under ICTSD’s Programme on Dispute Settlement and Legal Aspects of International Trade and the Programme on IPRs and Sustainable Development. While the former aims to explore realistic strategies to maximize developing countries’ capability to engage international dispute settlement systems to defend their trade interest and sustainable development objectives, the latter seeks to achieve a more development oriented and balanced IP system and to identify options for developing countries to ensure that IP norms are supportive of their public policy objectives.
The author, Frederick M. Abbott, is Edward Ball Eminent Scholar Professor of International Law, Florida State University College of Law.
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