INDEX

P

 

Index:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X, Y, Z


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.


panel (composition) (DSU 8)

determination by Director-General (DSU 8.7)

in absence of agreement

in accordance with relevant procedures

in consultation with Chairman of DSB and relevant Council or Committee

notification to Members

time-limits

developing country Members and (DSU 8.10)

excluded persons (DSU 8.3)

citizens of customs unions or common markets party to dispute (footnote 6)

citizens of parties to dispute

citizens of third parties with substantial interest under DSU 10.2

expenses (DSU 8.11)

independence of members

DSU 8.2

DSU 8.9

indicative list (DSU 8.4)

notification to Members (DSU 8.5)

“promptly”

number (DSU 8.5)

objection to (DSU 8.6), “for compelling reasons”

objectives (DSU 8.2)

diversity

independence of members

wide spectrum of experience

obligation to allow officials to serve as panelists (DSU 8.8)

“well-qualified governmental and/or non-governmental individuals” (DSU 8.1)

panel (composition) (PSI 4(c))

panel (PSI): see also consultation and dispute settlement (PSI)

chairman (PSI 4(d))

composition (PSI 4(c))

costs, apportionment on merit (PSI 4(g))

decision

binding nature (PSI 4(h))

by majority vote (PSI 4(g))

communication to parties (PSI 4(g))

time-limits (PSI 4(g))

extension by agreement

expeditious settlement, decisions to ensure (PSI 4(d) and 4(e))

expert participation (PSI 4(a)-(c))

request for (PSI 4(c))

panel reports

adoption by DSB

notice of appeal and (DSU 16.4)

right of parties to participate in DSB consideration (DSU 16.3)

SCM 4.8, time-limits

SCM 7.6, time-limits

timing

adoption of report (DSU 16.4)

consideration of report (DSU 16.1)

appeal, right of (DSU 17.4)

applicability of relevant provisions, need for (DSU 12.7)

circulation to Members

SCM 4.6

SCM 7.5

confidentiality considerations (DSU 14): see confidentiality of proceedings (DSU 4.6/DSU 14/DSU 17.10/DSU 18.2/WP 3)

developing country Members and (DSU 12.11)

interim review, inclusion of findings (DSU 15.3): see also interim review (DSU 15)

multiple complainants and (DSU 9.2)

mutually satisfactory solution, relevance (DSU 12.7)

objections to (DSU 16.2)

rationale, need for (DSU 12.7)

rejection by DSB

SCM 4.8

SCM 7.6

submission to parties

SCM 4.6

SCM 7.5

time-limits

DSU 12.8

inability to meet (DSU 12.9)

SCM 4.6

SCM 7.5

suspension at request of complaining party and (DSU 12.12)

written report, need for (DSU 12.7)

panel, request for establishment: see request for establishment of panel, general considerations (DS 6); request for establishment of panel, requirements (DSU 6.2); request for establishment of panel, requirements (SCM 4.4); request for and establishment of PSI independent review panel (PSI 4(c))

Paris Convention (1967) (PC): see trademarks (Paris Convention (1967) (PC)); TRIPS Agreement, intellectual property conventions and, Paris Convention (1967), incorporation (TRIPS 2.1)

patents (TRIPS)

authorization of use in absence of authorization of right holder (TRIPS 31)

anti-competitive practice and (TRIPS 31(k))

assignment, exclusion (TRIPS 31(e))

attempts to obtain authorization, need for (TRIPS 31(b))

circumstances of extreme urgency and

national emergency and

public non-commercial use and

consideration on individual merits (TRIPS 31(a))

in domestic market (TRIPS 31(f))

exploitation of second patent and (TRIPS 31(l))

judicial or other independent review

by distinct higher authority (TRIPS 31(I) and (j))

of decision (TRIPS 31(i))

of remuneration (TRIPS 31(j))

non-exclusive use requirement (TRIPS 31(d))

prompt notification of right holder, need for (TRIPS 31(b))

remuneration taking into account economic value, need for (TRIPS 31(h))

judicial or other independent review (TRIPS 31(j))

as sole remedy (TRIPS 44.2)

scope and duration (TRIPS 31(c))

semi-conductor technology and (TRIPS 31(c))

termination in absence of circumstances leading to authorization (TRIPS 31(g))

legitimate interest of authorized persons and

review of continuations of circumstances

use granted before date of TRIPS Agreement became known (TRIPS 70.6)

burden of proof (process patents) (TRIPS 34)

“deemed to have been obtained by the patented process”

new product obtained by patented process (TRIPS 34.1(a))

“substantial likelihood”/failure despite reasonable efforts to determine process used (TRIPS 34.1(b))

legitimate interests of defendant and (TRIPS 34.3)

right of judicial authorities to order proof of difference in process (TRIPS 34.1)

conditions/requirements for application (TRIPS 29)

disclosure of invention and best mode for carrying out (TRIPS 29.1)

information concerning corresponding foreign applications and grants (TRIPS 29.2)

developing countries, right to delay application (TRIPS 65.4)

exceptions (TRIPS 30)

legitimate interests of third party and

“normal exploitation” by owner and

exclusions

diagnostic, therapeutic and surgical methods for treatment of humans or animals (TRIPS 27.3(a))

ordre public or morality and (TRIPS 27.2)

plants and animals other than micro-organisms/biological process (TRIPS 27.3(b))

review

protection of human, animal or plant life or health and (TRIPS 27.2)

serious prejudice to the environment and (TRIPS 27.2)

exclusive rights (TRIPS 28)

patentable subject matter (TRIPS 27)

“capable of industrial application” / “useful” (footnote 5)

“discrimination” (TRIPS 27.1)

applicability to acts before date of TRIPS agreement became known (TRIPS 70.6)

“inventive step” / “non-obvious” (footnote 5)

revocation/forfeiture, opportunity for judicial review (TRIPS 32)

rights

patented process and (TRIPS 28.1(b))

burden of proof (TRIPS 34)

patented product and (TRIPS 28.1(a))

term of protection (TRIPS 33)

payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)): see also determination of dumping (GATT VI/AD 2), calculation of administrative, selling and general costs and profits (AD 2.2.2); subsidy, prohibited (SCM, Part II), “contingent upon export performance” (SCM 3.1(a) and Illustrative list (item (a)))

Permanent Group of Experts (PGE) (SCM 24.3): see also Committee on Subsidies and Countervailing Measures (SCM Committee) (SCM 24)

advisory opinion, right to request

Member (SCM 24.4)

confidentiality

SCM Committee

composition

election to

establishment

panel’s right to request assistance (SCM 4.5)

opportunity to Member to demonstrate status of subsidy

PGE conclusions, binding nature

review of evidence

time-limits

Peru, GATT 1947 Schedules (MP 7)

pharmaceutical and agricultural chemical products, patent protection (TRIPS 70.8): see also patents (TRIPS), patentable subject matter (TRIPS 27)

exclusive marketing rights (TRIPS 70.9)

phonograms, performers and producers, copyright protection (TRIPS 14): see copyright protection (Berne Convention (1971) and TRIPS 9), phonograms, performers and producers (TRIPS 14)

Plurilateral Trade Agreements: see also Civil Aircraft, Agreement on Trade in; Government Procurement Agreement (GPA); International Bovine Meat Agreement; International Dairy Agreement (IDA)

acceptance provisions (WTO XIV:4/FA 4)

accession to (WTO XII:3)

additions (WTO X:9)

amendments (WTO X:10)

bodies established under (WTO IV:8)

accountability

functions

deletions (WTO X:9)

deposit

after 1 January 1995 (WTO XIV:4)

before 1 January 1995 (WTO XIV:4)

DSB and (DSU 2.1)

as integral part of WTO Agreement (WTO II:3)

interpretation (WTO IX:5)

non-application (WTO XIII:5)

reservations (WTO XVI:5)

special or additional rules and procedures (DSU, Appendix 2)

waivers (WTO IX:5)

withdrawal (WTO XV:2)

precautionary principle, SPS and, sufficient scientific evidence (SPS 5.7)

“preferential rules of origin” (RO Annex II, para. 2)

Preparatory Committee

Chairman

decision-taking, consensus

establishment

membership

role and functions

administrative, budgetary and financial matters

entry into force of WTO Agreement, matters related to

institutional, procedural and legal matters

Secretariat support

secretariat

sub-committees

termination

records and recommendations, procedure

Preshipment Inspection Agreement: see PSI Agreement

price undertakings (AD 8)/undertakings (SCM 18): see also price undertakings (AD 8)

completion of investigation in case of acceptance of undertaking (AD 8.4/SCM 18.4)

authorities’ decision

exporter’s desire

negative determination, effect

positive determination, effect

elimination or limitation or subsidy (SCM 18.1(a))

or “other measures concerning its effect”

exporter’s right not to agree to (AD 8.5/SCM 18.5)

effect on consideration of case

level (AD 8.1)

periodic information on, authorities’ right to request (AD 8.6/SCM 18.6)

practicality, relevance (AD 8.3/SCM 18.3)

preliminary affirmative determination, need for (AD 8.2/SCM 18.2)

price revision (SCM 18.1(b))

public notice of acceptance or termination

AD 12.2 (chapeau)

AD 12.2.3

review (AD 11/SCM 21), applicability to (AD 11.5/SCM 21.5)

suspension or termination of proceedings and (AD 8.1/SCM 18.1)

violation of undertaking (AD 8.6/SCM 18.6)

provisional measures

retroactivity and

privileges and immunities (WTO VIII): see also headquarters agreement (WTO), right to conclude (WTO VIII:5)

WTO officials and representatives of Members (WTO VIII:3), functional nature

WTO (WTO VIII:2)

Convention on Privileges an Immunities of Specialized Agencies (1947) as model (WTO VIII:4)

functional nature

Members’ obligation to respect international character of WTO (WTO VI:4) and

professional qualifications, developing country Members and (GATS IV:2(b))

Professional Services, Working Party on

establishment

Ministerial Decision on

priorities

work programme (GATS VI:4)

progressive liberalization, negotiation of specific commitments (GATS XIX): see also developing country Members (GATS IV), negotiation of specific commitments (GATS IV:1 and XIX); Schedules of Specific Commitments (GATS XX)

bilateral, plurilateral or multilateral negotiations, acceptability (GATS XIX:4)

movement of natural persons and (GATS annex, para. 4)

negotiating guidelines and procedures (GATS XIX:3)

assessment of trade in services [as on-going exercise]

telecommunications, Ministerial Decision

object and purpose

balance of rights and obligations (GATS XIX:1)

progressively higher level of liberalization (GATS XIX:1)

reduction or elimination of adverse effects on trade in services (GATS XIX:1)

obligation (GATS XIX:1)

relevant factors

developing country Members, flexibility aimed at achieving GATS IV objectives (GATS XIX:2)

level of development (GATS XIX:2)

respect for national policy objectives (GATS XIX:2)

prompt and satisfactory resolution of disputes, Members’ right to (DSU 3)

balance of rights and obligations and (DSU 3.3)

impairment of benefits by measures taken by another Member (DSU 3.3)

“satisfactory settlement in accordance with rights and obligations” (DSU 3.4)

proportionality

balance of payments restrictions (GATS XII:2(d))

disclosure obligations (TRIPS 47)

safeguard measures (SG 5.1) (“to the extent necessary”) and

provisional measures (AD 7/SCM 17): see also provisional measures (SG 6); SPS Agreement, sufficient scientific evidence, need for (SPS 2.2), provisional adoption of measures in case of insufficiency of scientific evidence (SPS 5.7); transitional safeguards (ATC 6), provisional application of restraint measures authorized under ATC 10 (ATC 11)

AD 9 provisions, applicability (AD 7.5)

countervailing measures, imposition and collection (SCM 19), applicability (SCM 17.5)

date for application (AD 7.3/SCM 17.3)

dispute settlement (AD 17.4) and

duration (AD 7.4/SCM 17.4)

form of measures (AD 7.2/AD 17.2)

public notice: see public notice of provisional measures, requirements (AD 12.2.1/SCM 22.4)

requirements (AD 7.1/SCM 17.1)

initiation of investigation, public notice and adequate opportunity to parties to submit information and make comments (AD 7.1(i)/ SCM 17.1(a))

necessity (AD 7.1(iii)/SCM 17.1(c))

preliminary affirmative determination (AD 7.1(ii)/SCM 17.1(b))

provisional measures (SG 6)

duration

as part of SG 7 initial period

requirements

notification (SG 12.4)

preliminary affirmative determination

tariff measures

provisional measures (TRIPS 50) (protection of intellectual property rights)

administrative procedures, principles applying to (TRIPS 50.8)

compensation for injury caused by measures found to be unjustified (TRIPS 50.7)

duration/termination (TRIPS 50.6)

initiation of proceedings on the merits and

request by defendant

suspension of release and (TRIPS 55 and 58(b))

evidence, right of judicial authorities to require (TRIPS 50.3)

actual or imminent infringement

status as “right holder”

“sufficient degree of certainty”

identification of goods, executing authorities’ right to information (TRIPS 50.5)

object and purpose

preservation of evidence (TRIPS 50.1(b))

demonstrable risk of destruction (TRIPS 50.2)

prevention of entry into channels of commerce (TRIPS 50.1(a))

prevention of infringement (TRIPS 50.1(a))

prevention of irreparable harm (TRIPS 50.2)

parties’ right to be heard (audi alteram partem), relevance (TRIPS 50.2 and 50.4)

notice without delay after execution of measures, need for (TRIPS 50.4)

“prompt and effective” (TRIPS 50.1)

review at request of defendant (TRIPS 50.4)

right to be heard (audi alteram partem)

within reasonable period after notification

security or equivalent assurance to protect defendant/prevent abuse (TRIPS 50.3)

PSI Agreement

applicability and definitions

“international standard” (PSI 2.4 and footnote 2)

preshipment inspection activities (PSI 1.3)

“preshipment inspection entity” (PSI 1.4)

“user Member” (PSI 1.2)

consultation and dispute settlement: see consultation and dispute settlement (PSI); panel (PSI)

developing country Members and (PSI Preamble)

independent review procedures: see consultation and dispute settlement (PSI)

inspections on territory of Members (PSI 1.1)

activities contracted or mandated by government or government body

exporter Members, limitation to (PSI Preamble)

inspection by entities of other Members (PSI 1.4 and footnote 1)

notification (PSI 5), requirements

objectives (PSI Preamble)

avoidance of unnecessary delays or obstacles

dispute settlement, provision for

“further liberalization and expansion of world trade”

“increase the responsiveness of the GATT system”

international framework of rights and obligations

“strengthen the role of GATT”

transparency

preshipment inspection entities

regulations relating to preshipment inspection

obligations (general): see also PSI Agreement, exporter Member obligations (PSI 3); PSI Agreement, user Member obligations (PSI 2)

implementation measures (PSI 9.1)

PSI Agreement-consistency of laws and regulations (PSI 9.2)

review (by Ministerial Conference) (PSI 6)

PSI Agreement, exporter Member obligations (PSI 3)

compliance with import regulations of user Members (PSI 2.6)

non-discrimination and (PSI 3.1)

publication “promptly” of all applicable laws and regulations relating to preshipment activities (PSI 3.2)

technical assistance (PSI 3.3)

PSI Agreement, user Member obligations (PSI 2)

additional procedures or changes to requirements (PSI 2.6)

applicability

in emergency

notification to exporter at time inspection date is arranged, need for

appeals procedures, obligation to establish (PSI 2.21): see also consultation and dispute settlement (PSI)

right of independent review and (PSI 4)

applicability and definitions, “user Member” (PSI 1.2)

confidential business information: see confidential business information (PSI 2.9-13)

conflicts of interest, obligation to maintain procedures to prevent (PSI 2.14)

between preshipment inspection entities and any other entities (PSI 2.14(b))

between preshipment inspection entities and entities other than government entities contracting or mandating inspections (PSI 2.14(b))

between preshipment inspection entities and entities related to preshipment inspection entities (PSI 2.14(a))

confidential business information (PSI 2.9-13) and

with divisions of preshipment entities not engaged in preshipment activities (PSI 2.14(c))

customs territory as site of inspection, from which goods are exported, preference for (PSI 2.3)

customs territory as site of inspection (PSI 2.3), in which goods are manufactured, by agreement

delays, avoidance (PSI 2.15-19)

clerical error, correction “as expeditiously as possible” (PSI 2.19)

delays in payment (PSI 2.18)

force majeure and (PSI 2.15)

inspection on agreed date, obligation (PSI 2.15)

preliminary verification of price and currency exchange rate (PSI 2.17)

re-inspection “at earliest mutually convenient date” (PSI 2.16)

rescheduling on agreed basis (PSI 2.15)

time-limits for issue of Clean Report of Findings or written explanation for non-issuance (PSI 2.16)

derogation (PSI 2.22)

information, obligation to provide (PSI 2.6)

actual information on request

additional procedural requirements or changes to

in a convenient manner (PSI 2.7)

list of all information necessary for compliance

preshipment inspection entities as information points (PSI 2.7)

required information

national treatment, regulatory discrimination provision (GATT III:4), applicability (PSI 2.2)

non-discrimination and (PSI 2.1)

objective criteria and procedures, need for (PSI 2.1)

price verification (PSI 2.20)

allowances/adjustment factors (PSI 2.20(c))

contract price, rejection (PSI 2.20(a))

customs valuation, role of preshipment inspection entities (footnote 4)

excluded factors (PSI 2.20(e))

price comparison (PSI 2.20(b))

transportation charges (PSI 2.20(d))

publication “promptly” of all applicable laws and regulations relating to preshipment activities (PSI 2.8)

standards (PSI 2.4)

as defined in purchase agreement

international standards

applicability

definition (footnote 2)

transparency (PSI 2.5-8): see also PSI Agreement, user Member obligations (PSI 2), information, obligation to provide

uniform performance, need for (PSI 2.1)

“user Member” (PSI 1.2)

public authorities and officials, exemption from TRIPS enforcement procedures (TRIPS 48.2 and 58(c))

public domain

existing subject matter, applicability of TRIPS Agreement and (TRIPS 70)

pre-shipment inspections and (PSI 2.9)

“public entity” (GATS Annex on financial services, para. 5(c))

public health

TBT Agreement and (TBT 2.2)

TRIPS Agreement and (TRIPS 8.1)

public interest

disclosure of confidential information and

LIC 1.11

TRIPS 63.4

protection as TRIPS principle (TRIPS 8)

public morals, protection

GATS IV

GATT XX(a)

public notice of application for initiation, avoidance (AD 5.5/ SCM 11.5)

public notice of initiation of investigation (AD 12.1/SCM 22.1)

confidentiality of information (AD 6.5/SCM 12.4) and

requirements (AD 12.1.1/SCM 22.2)

address for representations (AD 12.1.1(v)/SCM 22.2(v))

basis of alleged dumping (AD 12.1.1(iii)/SCM 22.1(iii))

date of initiation (AD 12.1.1(ii)/SCM 22.2(ii))

description of subsidy practice (SCM 22.2(iii))

name of exporting country/ies (AD 12.1.1(i)/SCM 22.2(i))

name of product (AD 12.1.1(i)/SCM 22.2(i))

summary of factors (AD 12.1.1(iv)/SCM 22.2(iv))

time-limits for making views known (AD 12.1.1(vi)/SCM 22.2(vi))

separate report (AD 12.1.1/SCM 22.2)

AD, footnote 23 and

timing (AD 12.1/SCM 22.1)

initiation of investigation

satisfaction as to sufficiency of evidence (AD 5.3), relevance

public notice of preliminary or final determination (AD 12.2/ SCM 22.3)

applicability

preliminary or final determination (AD 12.2/SCM 22.3)

whether affirmative or negative

price/subsidy undertaking (AD 8/SCM 18)

decision to accept

termination

price/subsidy undertaking (AD 12.2.2/SCM 22.3)

confidentiality of information (AD 6.5/SCM 12.4) and

basis for decisions under AD 6.10.2 (treatment of non-selected producers)

reasons for rejection of evidence or information, inclusion (AD Annex II, para. 6)

requirements

“all relevant information on the matters of fact and law and reasons” for measures

information described in AD 12.2.1

reasons for acceptance or rejection of arguments or claims

separate report possibility of

transmission to

interested parties

Member or Members subject to determination or undertaking

public notice of provisional measures, requirements (AD 12.2.1/ SCM 22.4)

considerations relevant to AD 3 injury determination (AD 12.2.1(iv)/ SCM 22.4(v))

description of product sufficient for customs purposes (AD 12.2.1(ii)/22.4(ii))

main reasons for determination (AD 12.2.1(iv))

margins of dumping and explanation of methodology (AD 12.2.1(iii))

“matters of fact and law which have led to arguments being accepted or rejected”

names of suppliers or supplying countries (AD 12.1.2(i)/SCM 22.4(i))

separate report possibility of, AD 12.2.1

public notice of termination or suspension of investigation under AD 8 (price undertaking) (AD 12.2.3)

non-confidential part, limitation to

separate report, possibility of

public notice of termination or suspension of investigation under SCM 18 (undertakings) (SCM 22.5)

“all relevant information on the matters of fact and law and reasons for” measures

information required under SCM 22.4

non-confidential part, limitation to (SCM 22.6)

separate report, possibility of

public order exception (GATS XIV(A)), genuine and sufficiently serious threat to fundamental interest of society (footnote 5)

public stockholding for food security purposes, exemption from domestic support commitments (AG Annex 2, para. 3)

publication and administration of trade regulations (GATT X)

confidential information, protection (GATT X:1)

impediment to enforcement and

legitimate commercial interests and

public interest and

“date of this Agreement” (GATT X:3(c))

enforcement, dependence on publication (GATT X:2)

judicial or other independent review (GATT X:3(b))

measures of general application (GATT X:1)

agreements affecting international trade policy in force between Members

“made effective” (GATT X:1)

“promptly”

Rules of Origin, applicability to

RO 2(g)

RO 3(e)

RO Annex II, para. 3(c)

rules of origin, applicability to

RO 2(g)

RO 3(g)

TRIMs and (TRIMs 6.1)

uniform, impartial and reasonable administration (GATT X:3(a))

publication of measures such as laws, decrees or ordinances (SPS Agreement, Transparency of SPS Regulations (Annex B) (para. 1, footnote 5))

“in a manner to enable” (para. 1)

“prompt” (para. 1)

“reasonable interval” (Annex B, para. 2)

publication of rules and information (LIC)

basis for granting and/or allocating licences (LIC 3.3)

concerning procedures (LIC 1.4(a))

quotas, information relating to

LIC 3.5(b)

LIC 3.5(d)

Punta del Este Ministerial Declaration (20 September 1986)

objectives

AG Preamble

ATC Preamble

TRIMs Preamble

obligations (FA 3)