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    Ve 4

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    Sumit Katre
    This document discusses licenses, compulsory licenses, the World Trade Organization (WTO), and principles of international trade. It provides definitions of licenses, compulsory licenses, and statutory licenses. It explains that the WTO deals with establishing rules for global trade, provides a forum for trade negotiations, settles trade disputes, and helps developing economies build trade capacity. Key WTO principles include trade without discrimination, national treatment of domestic and foreign goods, and lowering trade barriers to promote free trade.

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    Ve 4

    Uploaded by

    Sumit Katre
    15 views12 pages
    This document discusses licenses, compulsory licenses, the World Trade Organization (WTO), and principles of international trade. It provides definitions of licenses, compulsory licenses, and statutory licenses. It explains that the WTO deals with establishing rules for global trade, provides a forum for trade negotiations, settles trade disputes, and helps developing economies build trade capacity. Key WTO principles include trade without discrimination, national treatment of domestic and foreign goods, and lowering trade barriers to promote free trade.

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    This document discusses licenses, compulsory licenses, the World Trade Organization (WTO), and principles of international trade. It provides definitions of licenses, compulsory licenses, and statutory licenses. It explains that the WTO deals with establishing rules for global trade, provides a forum for trade negotiations, settles trade disputes, and helps developing economies build trade capacity. Key WTO principles include trade without discrimination, national treatment of domestic and foreign goods, and lowering trade barriers to promote free trade.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    15 views12 pages

    Ve 4

    Uploaded by

    Sumit Katre
    This document discusses licenses, compulsory licenses, the World Trade Organization (WTO), and principles of international trade. It provides definitions of licenses, compulsory licenses, and statutory licenses. It explains that the WTO deals with establishing rules for global trade, provides a forum for trade negotiations, settles trade disputes, and helps developing economies build trade capacity. Key WTO principles include trade without discrimination, national treatment of domestic and foreign goods, and lowering trade barriers to promote free trade.

    Copyright:

    © All Rights Reserved
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    Download as pptx, pdf, or txt
    of 12

    License and WTO

    License /Compulsory License


    • License – To give permission as well as the document recording that
    permission.
    • Licensor (the person, who permits)
    • Licensee (the person, who uses)
    • Term: License is valid for a period of time
    • Territory: A license may stipulate what territory the right pertains
    to… a license with a territory limited to South India (Kerala,
    Karnataka, TN and AP)
    A compulsory license provides the owner of a patent or a copyright to
    use their rights against payment set by law or determined through
    some form of arbitration. (market expectation)
    Compulsory / Statutory License
    • Statutory License: • Compulsory License:
    • The rate of payment of fee is • The rate is left to be negotiated
    fixed by Government / board.
    • IMA – Medical Products
    Compulsory and Statutory
    Compulsory licenses provide for the right to use a copyrighted work if
    certain procedures are followed and a statutorily defined fee is paid .
    There is no specific difference as such between statutory licensing
    and compulsory licensing. In many jurisdictions both the terms are
    used interchangeably. However the Indian copyright law tries to make
    a distinction between the two in the sense that under compulsory
    licensing the rate of royalty is left to be negotiated by the parties but
    in statutory licensing the rate of royalty is decided by the Copyright
    Board . In this form of statutory licensing, permission is not required
    before using someone else’s intellectual property, provided that a fee
    is paid. License is created by statute and not the copyright owner nor
    the user.
    World Trade Organization
    • WTO:
    • It deals with the global rules of trade between
    nations. Its main function is to ensure that trade
    flows as smoothly, predictably and freely as possible.
    It provides a forum for negotiating agreements
    aimed at reducing obstacles to international trade
    and ensuring a level playing field for all thus
    contributing to economic growth and development.
    GATT and WTO
    • To liberalize International Trade
    • Implemented in 1995 on 1st Jan (WTO)
    • It replaced GATT (General Agreement on Tariffs
    and Trade)
    • GATT had been implemented in 1948 after
    World War II
    WTO Document
    • The rules of trade are negotiated by the trading
    nations and then the document is ratified by the
    parliament of respective nations. The goal is to help
    the producers to conduct their business smoothly.
    • Also, the WTO agreement protects the customer’s
    interest
    • WTO deals with agriculture, textile, clothing,
    banking, telecommunication, product safety, food
    safety, IP, government purchase and FMCG products
    Principles of WTO
    • Trade without Discrimination: Countries cannot normally
    discriminate between their trading partners ( Grant
    someone special favour like lowering the rate of custom
    duty for a product).
    • National Treatment: Imported and Locally produced goods
    should be treated equally at least after the foreign goods
    have entered the market.
    • Free Trade: Lowering the trade barriers by decreasing the
    custom duty depends on many conditions…
    Principles of WTO
    • administering trade agreements
    • acting as a forum for trade negotiations
    • settling trade disputes
    • reviewing national trade policies
    • building the trade capacity of developing economies
    • cooperating with other international organizations
    Some Recent Decisions of WTO
    The 9th Ministerial Conference in Bali in 2013, WTO members struck
    the Agreement on Trade Facilitation, which aims to reduce border
    delays by slashing red tape.
    The expansion of the Information Technology Agreement – concluded
    at the 10th Ministerial Conference in Nairobi in 2015 – eliminated
    tariffs on an additional 200 IT products valued at over US$ 1.3 trillion
    per year. Another outcome of the Conference was a decision to
    abolish agricultural export subsidies, fulfilling one of the key targets
    of the UN Sustainable Development Goal on “Zero hunger”.
    Most recently, an amendment to the WTO’s Intellectual Property
    Agreement entered into force in 2017, easing poor economies’ access
    to affordable medicines. The same year saw the Trade Facilitation
    Agreement enter into force.
    Conflict Settlement
    The WTO’s procedure for resolving trade conflicts under the Dispute
    Settlement Understanding is vital for enforcing the rules and therefore for
    ensuring that trade flows smoothly. Governments bring disputes to the
    WTO if they think their rights under the WTO agreements are being
    infringed. Judgements by specially appointed independent experts are
    based on interpretations of the agreements and individual members'
    commitments. The system encourages members to settle their differences
    through consultation with each other. If this proves to be unsuccessful,
    they can follow a stage- by-stage procedure that includes the possibility of
    a ruling by a panel of experts and the chance to appeal the ruling on legal
    grounds. Confidence in the system is borne out by the number of cases
    brought to the WTO – more than 500 cases since the WTO was established
    compared with the 300 disputes dealt with during the entire life of the
    GATT (1947-94).
    Structure
    • The WTO has 164 members, accounting for 98% of world trade. A total of 22
    countries are negotiating membership.
    • Decisions are made by the entire membership. This is typically by consensus. A
    majority vote is also possible but it has never been used in the WTO, and was
    extremely rare under the WTO’s predecessor, the GATT. The WTO’s agreements
    have been ratified in all members’ parliaments.
    • The WTO’s top level decision- making body is the Ministerial Conference, which
    meets usually every two years.
    • Below this is the General Council (normally ambassadors and heads of
    delegation based in Geneva but sometimes officials sent from members’
    capitals) which meets several times a year in the Geneva headquarters. The
    General Council also meets as the Trade Policy Review Body and the Dispute
    Settlement Body.
    • At the next level, the Goods Council, Services Council and Intellectual Property
    (TRIPS) Council report to the General Council.

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