INDEX

T

 

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.


tariff concessions (protocols and certifications under GATT 1947) (GATT 1994, 1(b)(i))

tariff quotas, applicability of GATT XIII:2(a)

tariff reduction negotiations (GATT XXVIII bis and Ad Article)

broad participation, desirability (GATT XXVIII bis:2(b))

on product-by-product or multilateral basis (GATT XXVIII bis:2(a))

relevant factors (GATT XXVIII bis:3)

right of “from time to tome” (GATT XXVIII bis:1)

TBT Agreement: see also Committee on Technical Barriers to Trade

amendment, proposals for (TBT 15.4)

applicability

all products including industrial and agricultural products (TBT 1.3)

annexes as integral part of Agreement (TBT 15.5)

government purchasing specifications, exclusion (TBT 1.4)

sanitary and phytosanitary measures, exclusion (TBT 1.5)

consultation and dispute settlement: see consultation and dispute settlement (TBT 14)

developing country Members and: see special and differential treatment for developing country Members (TBT 12)

enquiry points: see enquiry points (TBT 10)

environment, protection as legitimate objective (TBT 2.2)

legitimate objectives (TBT 2.2): see legitimate objectives (TBT 2.2)

national treatment (TBT 2.1)

non-discrimination and (TBT Preamble)

publication requirements

adopted procedures (TBT 5.8)

“or otherwise made available”

“promptly”

“reasonable interval” for adaptation to (TBT 5.9)

developing country Members and

urgent circumstances and

language of Member, limitation to (TBT 10.8.1)

regulations/entry into force (TBT 2.11)

“or otherwise made available”

“promptly”

“reasonable interval” for adaptation to (TBT 2.12)

developing country Members and

urgent circumstances and

reservations (TBT 15)

risk assessment, relevant factors (TBT 2.2)

security exceptions: see security exceptions (TBT)

technical assistance (TBT 12): see special and differential treatment for developing country Members (TBT 12)

technical regulation in absence of international standard or not in accordance with standard, requirements (TBT 2.9): see technical regulations (TBT Agreement), notification procedures (TBT 2.9)

terminology

TBT Annex 1 (TBT 1.2)

“technical regulations, standards and conformity assessment procedures” (TBT 1.6)

UN definitions (TBT 1.1)

in light of object and purpose of TBT Agreement

technical assistance (Decision on measures concerning negative effects on reform programme, para. 3(iii))

technical assistance for least-developed country Members (Decision on Measures, para. 2(v))

technical assistance for least-developed country Members (MD 5): see also SPS, technical assistance (SPS 9)

technical assistance (TBT 11)

access to conformity assessment systems in requested Member (TBT 11.5)

establishment of conformity assessment bodies (TBT 11.4)

establishment of national standardizing bodies (TBT 11.2)

establishment of regulatory and conformity assessment bodies (TBT 11.3.1)

least-developed country Members and (TBT 11.8)

methods of meeting technical regulations (TBT 11.3.2)

participation in international or regional conformity assessment systems, establishment of institutions enabling (TBT 11.7)

participation in international standardizing bodies (TBT 11.2)

preparation and application of technical regulations, standards and conformity assessment procedures (TBT 12.7)

preparation of technical regulations (TBT 11.1)

technical cooperation (GATS XXV): see also telecommunications (GATS provisions, applicability and supplementary provisions (GATS Annex on telecommunications)), technical cooperation (para. 6)

contact points (GATS IV:2) and (GATS XXV:1)

multilateral technical assistance (GATS XXV:2)

technical cooperation (TRIPS 67)

domestic offices and agencies, support for

preparation of laws and regulations

training

technical expert group: see consultation and dispute settlement (TBT 14), technical expert group; information or technical advice, panel’s right to seek (SPS 11.2), advisory technical experts group, panel’s right to establish

technical regulations (TBT Agreement)

“international standards … as a basis for technical regulation” (TBT 2.4 and Code, para. F): see also standards, preparation, adoption and application of (TBT 4 and Annex 3 (Code))

applicability to pre-existing measures, harmonization of technical regulations (TBT 2.6) and

“as a basis”

developing country Members and (TBT 12.4)

GATT objectives and (TBT Preamble)

“ineffective or inappropriate means”

fundamental climatic or geographical factors

fundamental technological problems

“international standard”, consensus, relevance (Code, para. H)

legitimacy of objective (TBT 2.2/2.4), relevance

“relevant”

“relevant parts of them”

notification procedures in case of urgency (TBT 2.10)

comments in writing (TBT 2.10.3)

discussion on request

copies of technical regulation (TBT 2.10.2)

immediate notification to other Members through Secretariat (TBT 2.10.1)

with indication of products covered, objective and rationale

safety, health, environmental protection or national security, limitation to

notification procedures (TBT 2.9)

amendment of notified regulation, possibility of (TBT 2.9.2)

comments on notified regulations (TBT 2.9.4)

procedures for handling

time-limits

identification of parts deviating from relevant standard (TBT 2.9.3)

local or non-governmental bodies

at level immediately below central government

TBT 3.2

TBT 7.2

exceptions

TBT 3.2

TBT 7.2

notification of covered product with indication of objective and rationale (TBT 2.9.2)

products to be covered and indication of objective and rational (TBT 2.9.1)

publication of notice at early stage (TBT 2.9.1)

“significant effect on trade of other members” (TBT 2.9 and 5.6)

timing

preparation, adoption and application by central government bodies (TBT 2)

“central government body” (Annex 1, para. 6)

changed circumstances (TBT 2.3)

equivalent technical regulations, acceptance (TBT 2.7)

harmonization of technical regulations (TBT 2.6), obligation to play full part in

justification, obligation to provide on request (TBT 2.5)

“legitimate objective” (TBT 2.2): see legitimate objectives (TBT 2.2)

national treatment (TBT 2.1)

“not more trade-restrictive than necessary to fulfil legitimate objective” (TBT 2.2)

burden of proof (TBT 2.5)

performance as measure (TBT 2.8 and Code, para. H)

publication: see TBT Agreement, publication requirements, regulations/entry into force (TBT 2.11)

preparation, adoption and application by local and non-government bodies, consistency/compliance with TBT 2 (TBT 3)

central government contact, right to require (TBT 3.3)

“local government body” (Annex 1, para. 7)

Members’ obligations

formulation and implementation of positive measures and mechanisms in support of TBT 2 observance (TBT 3.5)

not to take measures requiring or encouraging TBT-inconsistent behaviour (TBT 3.4)

Members’ responsibility for observance of TBT 2 (TBT 3.4)

“non-government body” (Annex 1, para. 8)

notification obligations

exceptions (TBT 3.1)

local government directly below central government (TBT 3.2)

reasonable measures to ensure compliance (TBT 3.1)

“technical regulations, standards and conformity assessment procedures” (TBT 1.6)

technical regulations, standards and conformity assessment procedures, information about (TBT 10)

agreements with another country

consultations for purpose of concluding

notification to other Members (TBT 10.7)

copies of notifications (TBT 10.6)

circulation to

interested international standardizing and conformity assessment bodies

Members

developing country Members and

copies of standards (Code, para. P)

copies of work programmes (Code, para. P)

documentation requested in accordance with TBT Agreement (TBT 10.4)

“equitable price”, reasonable measures to ensure

translation (TBT 10.5)

as exception to rule (TBT 10.8.2)

draft standards (Code, para. M)

enquiry points: see enquiry points (TBT 10)

information, notification procedures (general), language (TBT 10.9)

notification procedures (general)

circulation (TBT 10.6)

developing country Members and (TBT 10.6)

responsibility for

division of (TBT 10.11)

single central government authority (TBT 10.10)

translations of documents (TBT 10.4)

security interests and (TBT 10.8.3)

technical regulations and standards (TBT Agreement), conformity assessment

by local government bodies, consistency/compliance with TBT 5 and 6 (TBT 7)

central government contact, right to require (TBT 7.3)

compliance as prerequisite for reliance on (TBT 8.2)

Members’ responsibility for observance of TBT 5 and 6 (TBT 7.5)

notification obligations (TBT 7.2)

obligation not to take measures requiring or encouraging TBT-inconsistent behaviour (TBT 7.4)

reasonable measures to ensure compliance (TBT 7.1)

by non-governmental bodies, consistency/compliance with TBT 5 and 6 (TBT 8)

obligation not to take measures requiring or encouraging TBT-inconsistent behaviour (TBT 8.1)

reasonable measures to ensure compliance (TBT 8.1)

international and regional systems (TBT 9)

compliance as prerequisite for reliance on (TBT 8.2)

formulation, adoption and participation in (TBT 9.1)

“international body or system” (Annex 1, para. 4)

obligation not to take measures requiring or encouraging TBT-inconsistent behaviour (TBT 9.2)

reasonable measures to ensure compliance (TBT 9.2)

“regional body or system” (Annex 1, para. 4)

technical assistance and (TBT 11.7)

notification procedures in case of urgency (TBT 5.7)

comments in writing (TBT 2.10.3)

comments in writing (TBT 5.7.3)

discussion on request

copies on request of rules of procedure (TBT 5.7.2)

immediate notification to other Members through Secretariat (TBT 5.7.1)

with indication of objective and rationale

notification procedures (TBT 5.6)

amendment of notified products, possibility of (TBT 5.6.2)

comments on notified procedures (TBT 5.6.4)

procedures for handling

time-limits

identification of parts deviating from relevant guides or recommendations (TBT 5.6.3)

notification of covered product with indication of objective and rationale (TBT 5.6.2)

publication of notice at early stage (TBT 5.6.1)

procedures (TBT 5)

avoidance of unnecessary obstacles to trade (TBT 5.1.2)

change of specifications (TBT 5.2.7)

complaints procedure (TBT 5.2.8)

“conditions no less favourable than” (TBT 5.1.1)

assessment under rules of procedure, right to (TBT 5.1.1)

confidentiality, respect for (TBT 5.2.4)

as for domestic products

protection of commercial interests and

“conformity assessment procedure” (Annex 1, para. 3)

expedition, need for (TBT 5.2.1)

“no less favourable order”

fees (TBT 5.2.5)

“equitable”

relevant factors

guides or recommendations issued by international standardizing bodies, requirement to use (TBT 5.4 and Code, para. F)

harmonization, obligation to play full part in (TBT 5.5 and Code, para. G)

“inappropriateness”, reasons for

inconvenience, avoidance of unnecessary (TBT 5.2.6)

information, limitation to what is necessary (TBT 5.2.3)

on-site assessment, right to (TBT 5.1.1)

positive assurance requirement (TBT 5.1)

processing period (TBT 5.2.2)

in case of deficient application

communication of anticipated processing period to applicant

information relating to stage reached and explanation of any delay

prompt examination of documentation

prompt, precise and complete transmission of results

publication of standard period

spot checks (TBT 5.3)

recognition of assessment by other Members (TBT 6)

equivalent assurance, need for (TBT 6.1)

mutual recognition agreements (TBT 6.3)

participation of conformity assessment bodies located in territories of other Members (TBT 6.4)

prior consultations, need for in regard to, limitation to assessments by designated bodies (TBT 6.1.2)

prior consultations (TBT 6.1), need for in regard to, adequate and enduring technical competence (TBT 6.1.1)

telecommunications (GATS provisions, applicability and supplementary provisions (GATS Annex on telecommunications))

access to and use of public telecommunications transport networks and services (para. 5)

allowable restrictions and conditions (para. 5(f))

developing country Members and (para. 5(g))

interconnection of private leased or owned circuits (para. 5(b)(ii))

intra-corporate communications (para. 5(c))

necessary conditions (para. 5(e))

offered within or across the border (para. 5(b))

private leased circuits (para. 5(b))

purchase or lease and attachment of equipment (para. 5(b)(i))

“reasonable and non-discriminatory terms and conditions” (para. 5(a))

security/confidentiality and (para. 5(d))

use of operating protocols (para. 5(b)(iii))

cable or broadcast distribution, exclusion (para. 2(b))

definitions

“intra-corporate communications” (para. 3(d))

“non-discriminatory” (footnote 15)

“public telecommunications transport network” (para. 3(c))

“public telecommunications transport service” (para. 3(b))

“telecommunications” (para. 3(a))

excluded requirements

authorization of service supplier (para. 2(c)(i))

establishment of services not offered to public generally, exclusion (para. 2(c)(ii))

international organizations and agreements, role (para. 7(b))

international standards (para. 7(a))

measures affecting access to and use of public telecommunications transport networks and services (para. 2(a))

progressive liberalization (GATS XIX): see Telecommunications, Negotiating Group on Basic Telecommunications (NGBT) (GATS Annex and Ministerial Decision)

specificities of telecommunications services (para. 1)

technical cooperation (para. 6)

at international, regional and sub-regional levels (para. 6(b))

availability of information (para. 6(c))

least-developed countries and (para. 6(d))

participation of developing country Members in international and inter-regional organizations (para. 6(a))

transparency/access to information (para. 4)

Telecommunications, Negotiating Group on Basic Telecommunications (NGBT) (GATS Annex and Ministerial Decision)

establishment

interim arrangements

participation

responsibilities

schedule of commitments and

scope

timetable

termination of investigation: see investigation of dumping (AD 5)/subsidy (SCM 11), termination of investigation/rejection of application (AD 5.8/SCM 11.9); investigation of dumping (AD 5)/subsidy (SCM 11), termination (SCM 11.9)

terms of reference of panels (DSU 7)

obligation to address relevant provisions cited by parties to dispute (DSU 7.2)

special terms of reference (DSU 7.3)

Chairman’s responsibility for

circulation to Members

proposed text, need for (DSU 6.2)

right of Member to raise points relating to

standard formula (DSU 7.1)

Textiles and Clothing Agreement (ATC), administration of restrictions (ATC 4): see quantitative restrictions under ATC 2 or ATC 6, administration (ATC 4)

Textiles and Clothing Agreement (ATC), applicability

cotton-producing exporting members (ATC 1.4)

designated products (ATC 1.7)

integration provisions (ATC 1.5)

least-developed country Members, special treatment

ATC 1.2, footnote 1

Preamble

non-acceptance of Protocols extending MFA and

ATC 1.3

ATC 6.1

products covered (Annex), Harmonized Commodity Description and Coding System (HS) codes (Annex, para. 1)

quantitative restrictions maintained between GATT 1947 parties (ATC 2.1)

rights and obligations under WTO and Multilateral Trade Agreements, effect on (ATC 1.6)

small suppliers and new entrants (ATC 1.2)

Textiles and Clothing Agreement (ATC), circumvention of quotas (ATC 5)

action following investigation to address problem (ATC 5.4)

“appropriate action, to the extent necessary … ”

“other remedies in consultation”

notification of agreed solution to TMB for recommendations

restraints, admissibility

action necessary to prevent/investigate (ATC 5.3)

“consistent with their domestic laws and practices”

legal or administrative action against circumvention practices

within their territory

consultations in case of

alleged inadequacy of administrative measures to address false declaration (ATC 5.6)

referral to TMB in case of failure to reach mutually satisfactory solution

alleged inadequacy of preventive measures (ATC 5.2)

“prompt”

referral to TMB in case of failure to reach mutually satisfactory solution

identified circumvention (ATC 5.4)

referral to TMB in case of failure to reach mutually satisfactory solution

cooperation to address problems arising from (ATC 5.1)

“consistent with their domestic laws and procedures”

cooperation to establish relevant facts (ATC 5.3)

“consistent with their domestic laws and procedures”

false declaration (ATC 5.6)

“appropriate measures”

“consistent with their domestic laws and practices”

as frustration of ATC objectives

inadvertent error/technical adjustments distinguished

as frustration of ATC objectives/integration process

ATC 5.1

ATC 5.6

legal provisions and/or administrative procedures to prevent, obligation to establish (ATC 5.1)

transit, practicability of control over shipments (ATC 5.5)

Textiles and Clothing Agreement (ATC), implementation

comprehensive report by TMC (ATC 8.11)

appropriate recommendations, inclusion

review by Council for Trade in Goods (ATC 8.11)

Textiles and Clothing Agreement (ATC), integration into GATT

actions necessary to abide by GATT 1994 rules and disciplines (ATC 7)

alleged failure to take, right to bring matter before relevant bodies (ATC 7.3)

dispute settlement proceedings and (ATC 8.12)

fair and equitable trading conditions and (ATC 7.1(b))

market access and (ATC 7.1(a))

non-discrimination and (ATC 7.1(c))

rights and obligations under GATT 1994, effect on

balance of ATC rights and obligations, protection of

ATC 7.3

ATC 8.12

date for completion (ATC 9)

extension of ATC Agreement, exclusion (ATC 9)

frustration of process

ATC 5.1

ATC 5.6

notification of ATC 7.1 actions (ATC 7.2)

in case of notification to other WTO bodies

as object and purpose (Preamble)

termination of ATC Agreement (ATC 9)

transitional safeguards and (ATC 6)

Textiles and Clothing Agreement (ATC), quantitative restrictions: see quantitative restrictions (ATC 2) (integration process); quantitative restrictions not covered by ATC 2 (ATC 3); quantitative restrictions under ATC 2 or ATC 6, administration (ATC 4)

Textiles Monitoring Body (TMB)

administration of restrictions (ATC 4.4)

composition (ATC 8.1)

ad personam status of members

balance and broad representation, need for

establishment (ATC 8.1)

integration process (ATC 2) and

notification of administrative arrangements to TMB (ATC 2.17)

proposed elimination of restrictions (ATC 2.15)

reporting obligations (ATC 7.3)

notifications and information supplied by Members, dependence on (ATC 8.3)

observations, right to make (ATC 8.6)

participation by Members directly affected (ATC 8.7)

quantitative restrictions not covered under ATC 2 (ATC 3)

recommendations

acceptance in full, obligation (ATC 8.9)

changes to restrictions under ATC 4.1 or ATC 6 (ATC 4.4)

communication to (ATC 8.8), Members directly concerned

Council for Trade in Goods

implementation, surveillance by TMB (ATC 8.9)

inability to conform to (ATC 8.10)

inclusion in comprehensive report to Council for Trade in Goods (ATC 8.11)

measures in case of false declaration (ATC 5.6)

measures to prevent circumvention of quotas (ATC 5.2)

provisional safeguard measures (ATC 6.11)

remedies in case of identified circumvention of quotas (ATC 5.4)

right to make

maintained QRs (ATC 2.2)

synchronization of existing period for QRs and agreement year (ATC 2.3)

time limits (ATC 8.8)

transitional safeguard measures (ATC 6.9)

in absence of agreement (ATC 6.10)

review proceedings

at request of Member (ATC 8.6)

consultations (ATC 4.4) and

information made available at time of request for consultations (ATC 6.7), limitation to (ATC 6.10)

MFA rules and procedures (ATC 4.4)

role (ATC 8)

consultation proceedings and (ATC 8.5)

report on implementation of ATC Agreement (ATC 8.11)

review of implementation of ATC 2 (ATC 2.21)

as standing body (ATC 8.3)

frequency of meetings

Working Procedures (ATC 8.2)

“consensus”

development by TMB

Textiles Surveillance Body (TSB), review of MFA 3 and 4 measures (ATC 2.5)

third party rights

consultations (DSU 4.11)

panel proceedings (DSU 10 and Appendix 3 (WP))

in case of measure already subject of a panel proceeding (DSU 10.4)

opportunity to be heard (audi alteram partem) (DSU 10.2 and WP 6)

right of appeal, exclusion (DSU 17.4)

right to receive submissions to first meeting of the panel (DSU 10.3)

“substantial interest”, need for (DSU 10.2)

membership of panel and (DSU 8.3)

TRIPS

protection of patents and (TRIPS 30)

remedies (TRIPS 46)

threat of injury: see determination of injury, requirements (AD 3 and SCM 15); safeguard measures (SG/GATT XIX), conditions (SG 2); transitional safeguards (ATC 6), serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements

time-limits: see amendments to covered agreements (WTO X), time-limits for acceptance (WTO X:7); investigation of dumping or countervailing measures, evidentiary rules (AD 6/SCM 12); panel (PSI), decision, time-limits (PSI 4(g)); 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); Working Procedures (panel) (DSU 12 and Appendix 3 (WP)), timetable for panel process, establishment (DSU 12.3)

TMB: see Textiles Monitoring Body (TMB)

TPRM: see Trade Policy Review Mechanism (TPRM)

trade and development (GATT Part IV)

commitments (GATT XXXVII)

alleged failure to comply (GATT XXXVII:2)

consultations (GATT XXXVII:2(b))

reporting obligation (GATT XXXVII:2(a))

consideration of other measures for development of imports from less-developed contracting parties (GATT XXXVII:3(b) and Ad Article)

consultations relating to (GATT XXXVII:5)

import relief and other measures (GATT XXXVII:3(c))

least-developed countries and (Decision on Measures, para. 2(iv))

less-developed contracting party commitments (GATT XXXVII:4)

maintenance of trade margins at equitable levels (GATT XXXVII:3(a))

reduction and elimination of barriers including unreasonable differentiation (GATT XXXVII:1(a) and Ad Article)

reduction and elimination of fiscal measures (GATT XXXVII:1(c)(i))

refraint from new fiscal measures (GATT XXXVII:1(c)(i))

refraint from new or increased customs or non-tariff barriers (GATT XXXVII:1(b))

“developed contracting parties” (GATT Ad Part IV)

“less-developed contracting parties” (GATT Ad Part IV)

principles and objectives (GATT XXXVI)

collaboration with intergovernmental bodies and UN agencies (GATT XXXVI:7)

conscious and purposeful effort, need for (GATT XXXVI:9)

diversification of economies (GATT XXXVI:5)

“diversification programme” (GATT Ad Article XXXVI:5)

economic development of all parties (GATT XXXVI:1(a))

export earnings, importance (GATT XXXVI:1(b)/GATT XXXVI:2)

gap in standards of living (GATT XXXVI:1(c))

individual and joint action, importance (GATT XXXVI:1(d))

international trade, importance (GATT XXXVI:1(e)/GATT XXXVI:2)

interrelationship between trade and financial aid (GATT XXXVI:6)

joint action to further (GATT XXXVIII)

“primary product” (GATT Ad Article XXXVI:4)

raising of standards of living (GATT XXXVI:1(a))

reciprocity, relevance (GATT XXXVI:8 and Ad Article XXXVI:8)

special measures (GATT XXXVI:1(f))

stabilization and improvement of conditions for market access in primary products (GATT XXXVI:3)

urgency in respect of (GATT XXXVI:1(a)/GATT XXXVI:2)

Trade and Environment, Ministerial Decision on

adoption (MD 6)

Trade Policy Review Body (TPRB)

establishment (TPRM C(i))

functions, reviews (TPRM C)

General Council as (WTO IV:4)

officers, right to appoint own (WTO IV:4)

rules of procedure, responsibility for establishing (WTO IV:4)

Trade Policy Review Mechanism (TPRM)

amendment (WTO X:8)

balance of payments measures, consultation procedures and (BOPU 8 and TPRM E)

object and purpose (TPRM A)

as basis of TPRB discussions (TPRM C(iii))

collective evaluation of individual trade policies and practices

enforcement and dispute settlement procedures, exclusion

improved adherence to WTO rules, disciplines and commitments

transparency

reporting obligation (developments in international trading environment (TPRM G))

reporting obligations (Members) (TPRM D)

coordination with notification obligations

developing country Members and

format

review of operation (TPRM F)

review procedures (TPRM C)

documentation (TRPM C(v))

government reports

Secretariat reports

plan for conduct of (TRPM C(iv))

timing and frequency (TPRM C(ii))

transparency (TPRM B)

as TPRM objective (TPRM A)

WTO responsibility for administration of (WTO III:4)

Trade in Services and the Environment, Ministerial Decision on

trademarks (Paris Convention (1967) (PC))

incorporation (TRIPS 2.1)

notification obligations (PC 6ter) (TRIPS 63.2)

service marks (PC 4), applicability (TRIPS 62.3)

unfair competition (PC 10 bis/TRIPS 22.2(b))

confidential/undisclosed information, protection (TRIPS 39): see confidential/undisclosed information, protection (TRIPS), protection against unfair competition and (TRIPS 39)

“manner contrary to honest commercial practices” (footnote 10)

“well known” mark, right to deny registration (PC 6 bis/TRIPS 16.2)

trademarks (TRIPS)

exceptions (TRIPS 17)

goods or services “not similar”, applicability of PC6 bis (TRIPS 16.3)

identical sign, presumption of confusion (TRIPS 16.1)

licensing and assignment (TRIPS 21)

nature of goods or services, relevance (TRIPS 15.4)

opposition to trademark, opportunity for (TRIPS 15.5)

petition to cancel registration (TRIPS 15.5)

“protectable subject-matter” (TRIPS 15), sign or combination of signs capable of distinguishing the goods or services (TRIPS 15.1)

publication before/promptly after registration (TRIPS 15.5)

remedies

criminal (TRIPS 61)

removal of unlawful trademark, sufficiency (TRIPS 46)

right to deny registration

TRIPS 15.2

of “well-known” mark (TRIPS 16.2/PC 6 bis)

right to prevent use by third parties (TRIPS 16.1)

special requirements, exclusion (TRIPS 20)

term of protection (TRIPS 18)

use as condition

maintenance of registration (TRIPS 19)

period of non-use (TRIPS 19.2)

valid reasons for non-use (TRIPS 19.1)

registration/application for registration (TRIPS 15.3)

use by another person subject to control by owner (TRIPS 19.2)

“well known” (TRIPS 16.2)

traditional knowledge and folklore, protection, ATC Annex, para. 3(a)

transit: see freedom of transit (GATT V)

transitional arrangements (SCM)

existing programmes (SCM 28)

extension, exclusion (SCM 28.2)

“inconsistent with the provisions of this Agreement” (SCM 28.1)

length of transitional period (SCM 28.1(b))

notification of (SCM 28.1(a))

renewal, exclusion (SCM 28.2)

transformation into market economy and (SCM 29)

departures from programmes and time-frames (SCM 29.4)

necessary programmes and measures, right to apply (SCM 29.1)

notification of programmes (SCM 29.3)

phase-out (SCM 29.2)

transitional arrangements (TRIMs 5)

elimination of notified measures, time-limits (TRIMs 5.2)

developing country Members

least-developed country Members

TRIMs introduced less than 180 days before entry into force of WTO Agreement, exclusion (TRIMs 5.4)

extension (TRIMs 5.3): see developing country Members (TRIMs)

modification of notified TRIMs to increase inconsistency, exclusion (TRIMs 5.4)

new investment where the products are like products to those of established enterprise, right to apply notified TRIM (TRIM 5.5)

notification requirement

transitional arrangements (TRIPS)

centrally-planned economies (TRIPS 65.3)

developing country Members and (TRIPS 65.2 and 65.4)

fullest possible participation in negotiations and (Preamble (e))

general grace period (TRIPS 65.1)

least-developed country Members and (TRIPS 66.1)

“lesser degree of consistency” (TRIPS 65.5)

transitional safeguards (ATC 6)

application (ATC 1)

consistency with

ATC 6

implementation of ATC integration process

non-integrated products covered by Annex

“sparingly as possible”

application (ATC 6.2)

by customs union (footnote 5)

determination “based on conditions in that member State” (footnote 5)

measure “limited to that member State” (footnote 5)

application (ATC 6.4)

exports already under restraint

Member-by-Member basis

application (ATC 6.6): see transitional safeguards (ATC 6), “more favourable treatment” (ATC 6.6)

application to specific products (Annex, para. 2)

attribution of damage from “sharp and substantial increase in imports” (ATC 6.4)

“actual or imminent”

“factors”

“from a Member or Members individually”

“sharp and substantial increase in imports”

specific factual information, need for (footnote 6)

consultations: see consultations (ATC 6.7)

duration

ATC 6.12

ATC 6.13

excluded products

developing county Members’ exports of cottage-industry and like products (Annex, para 3(a))

GATT XIX as applicable law (Annex, 3.3)

historically traded textile products (ATC 3(b))

pure silk products (Annex, para. 3(c))

levels of restraint

after first year (ATC 6.13)

multiple products (ATC 6.14)

new restraints under ATC 2 or ATC 6 (ATC 6.15)

restraints under MFA (ATC 6.15)

“more favourable treatment” (ATC 6.6)

developing country Members (ATC 6.6(c))

least-developed countries (ATC 6.6(a))

low-volume exporters (ATC 6.6(c))

re-imports (ATC 6.6(d))

wool-products from wool-producing developing country Members (ATC 6.6(c))

new restraints, requirements (ATC 6.16)

notification of intention not to retain right to use provisions of ATC 6 (ATC 6.1)

effect (ATC 2.9)

Members not having accepted Protocols extending MFA

notification, need for

provisional measures (ATC 6.11)

for purposes of ATC 2.21 review (ATC 2.7(b))

time-limits (ATC 2.7(b))

period of validity of determination (ATC 6.5)

provisional application of restraint measures authorized under ATC 10 (ATC 11)

consultations (ATC 6.7) and

retroactivity (ATC 6.10)

relevant factors (ATC 6.3)

serious damage or actual threat thereof (ATC 6.2), Member’s determination of, requirements

“a particular product product being imported

“demonstrably”

“domestic industry producing like and/or directly competitive products”

“and/or”

“domestic industry”, absence of ATC definition

“producing”

“in such increased quantities”

“not by such other factors”

changes in consumer preferences

technological changes

“or actual threat thereof”

“serious damage”

transparency

AD Agreement and: see investigation of dumping or countervailing measures, evidentiary rules (AD 6/SCM 12), confidential information (AD 6.5/SCM 12.4); public notice

balance of payments restrictions and (Balance of Payments Understanding, para. 4)

PSI Agreement: see PSI Agreement, user Member obligations (PSI 2), transparency (PSI 2.5-8)

special safeguards and (AG 5.7)

SPS 7: see SPS regulations, transparency (SPS 7 and Annex B)

TPRM B

Understanding on the Interpretation of Article II:1(b) of GATT 1994

Understanding on the Interpretation of Article XVII of GATT 1994

transparency (GATS III)

confidential information

Annex on financial services (para. 2(b))

GATS III bis

enquiry/contact points (GATS III:4/GATS IV:2)

notification

time-limit for establishing

information on measures or international agreements, obligation to provide (GATS III: 4)

notification obligations

changes to laws, regulations or administrative guidelines (GATS III:3)

measure taken by another member affecting operation of GATS (GATS III:5)

new laws, regulations or administrative guidelines, or changes to (GATS III:3)

new laws, regulations or administrative guidelines (GATS III:3)

third party notification of measure affecting operation of GATS

publication obligations (GATS III:1)

international agreements

“made publicly available” (GATS II:2)

relevant measures of general application

“promptly”

transparency (TRIPS 63)

confidential information, protection (TRIPS 63.4)

commercial interests and

law enforcement and

public interest and

information, obligation to supply (TRIPS 63.3)

judicial decisions, administrative rulings or bilateral agreement

in response to written request

notification obligations: see notification obligations and procedures (TRIPS)

publication obligations (TRIPS 63.1)

bilateral agreements

final judicial decisions and administrative rulings

“in a national language”

law and regulations

“or made publicly available”

Trieste, countries contiguous to Free Port, applicability of GATT (GATT XXIV:3(b))

TRIMs Agreement

amendment (TRIMs 9)

applicability, TRIMs, limitation to (TRIMs, 1)

consultation on any matter arising from TRIMs Agreement, obligation to offer opportunity for (TRIMs 6.3)

consultation and dispute settlement (TRIMs 8)

developing country Members: see developing country Members (TRIMs)

disclosure obligation (TRIMs 6.3)

GATT 1994 exceptions, applicability (TRIMs 3)

Illustrative List

as implementation of Punta del Este Ministerial Declaration (Preamble)

investment and competition policy, possibility of provisions on (TRIMs 9)

least-developed country Members and (Preamble)

national treatment (GATT III:4) and (TRIMs 2)

Illustrative List (TRIMs 2.2)

notification requirements (TRIMs 5.1)

notification of application of notified TRIM to new investment (TRIMs 5.5)

notification of TRIMs not in conformity with Agreement

principal features

publications in which TRIMs may be found (TRIMs 6)

time-limits

TRIMs applied under discretionary authority (TRIMs 5.1, footnote 1)

objectives (Preamble)

avoidance of trade-restrictive and distorting effects

expansion and liberalization of world trade

quantitative measures (GATT XI and) (TRIMs 2.2)

transparency (TRIMs 6)

consultation on any matter arising from TRIMs Agreement, obligation to offer opportunity for (TRIMs 6.3)

disclosure obligation (TRIMs 6.3)

notification of publications in which TRIMs may be found (TRIMs 6(2))

obligations and transparency and notification obligations (GATT X), commitment to (TRIMs 6.1)

TRIPS Agreement

acquisition and maintenance of intellectual property rights (TRIPS 62): see intellectual property rights, procedures and formalities for acquisition and maintenance (TRIPS 62)

amendment: see TRIPS Agreement, review and amendment (TRIPS 71)

anti-competitive practices: see anti-competitive practices (TRIPS)

border measures: see border measures/suspension of release by customs authorities (TRIPS)

confidential information: see confidential/undisclosed information, protection (TRIPS)

dispute settlement: see consultation and dispute settlement (TRIPS 64); dispute settlement (TRIPS 64)

enforcement of intellectual property rights: see intellectual property rights, enforcement procedures (TRIPS)

environmental considerations: see environment, TRIPS provisions and

exceptions: see patents (TRIPS), exceptions (TRIPS 30); security exceptions (TRIPS 73); TRIPS Agreement, limitations and exceptions (TRIPS 13); TRIPS Agreement, principles (TRIPS 8)

exhaustion of rights (TRIPS 6)

existing subject matter, applicability to: see existing subject matter, applicability of TRIPS Agreement (TRIPS 70)

fair and equitable procedures (TRIPS 42): see intellectual property rights, enforcement procedures (TRIPS), fair and equitable procedures (TRIPS 42)

geographical indications: see geographical indications (TRIPS 22); wines and spirits, protection against use of geographical indication other than true place of origin (TRIPS 23)

implementation

freedom to choose method (TRIPS 1.1)

more extensive protection, right to provide (TRIPS 1.1)

industrial design: see industrial design, protection (TRIPS)

intellectual property conventions and

Berne Convention (1971): see copyright protection (Berne Convention (1971) and TRIPS 9)

Paris Convention (1967), incorporation (TRIPS 2.1): see also trademarks (Paris Convention (1967) (PC))

preservation of existing obligations (TRIPS 2.2)

WIPO agreements (TRIPS 5)

layout designs: see integrated circuits layout designs, protection (TRIPS)

least-developed country Members and: see least-developed country Members (TRIPS 66)

notification obligations: see notification obligations and procedures (TRIPS)

remedies: see remedies (TRIPS)

reservations (TRIPS 72)

security exceptions: see security exceptions (TRIPS 73)

technical cooperation (TRIPS 67): see technical cooperation (TRIPS 67)

trademarks: see trademarks (TRIPS)

transitional arrangements: see transitional arrangements (TRIPS)

wines and spirits, protection against use of geographical indication other than true place of origin (TRIPS 23): see wines and spirits, protection against use of geographical indication other than true place of origin (TRIPS 23)

TRIPS Agreement, definitions

“copyright protection” (TRIPS 9.2)

“counterfeit trademark goods” (TRIPS 51, footnote 14(a))

geographical indications (TRIPS 22.1)

“intellectual property” (TRIPS 1.2)

“national” (TRIPS 1.3, footnote 1)

“pirated copyright goods” (TRIPS 51, footnote 14(b))

“protection” (TRIPS 3, 4 and footnote 3)

“right holder”

TRIPS 36, footnote 9

TRIPS 42, footnote 11

TRIPS Agreement, limitations and exceptions (TRIPS 13)

“normal exploitation of the work”

application to individual exclusive rights, need for

“prejudice”

TRIPS Agreement, object, purpose, principles and scope (Preamble)

adequate standards and principles (Preamble (b))

application of basic principles of GATT and international agreements (Preamble (a))

effective and adequate protection of intellectual property rights (Preamble (c))

effective and expeditions procedures for dispute prevention and resolution (Preamble (d))

elimination of international trade in infringing goods (TRIPS 69)

intellectual property rights as private rights

least-developed country Members, recognition of special needs

public policy objectives, recognition (Preamble)

transitional arrangement for fullest possible participation in negotiations (Preamble (e))

WIPO, relationship with

TRIPS Agreement, objectives (TRIPS 7)

balance of rights and obligations

intellectual innovation

TRIPS Agreement, principles (TRIPS 8)

measures necessary to protect public health and nutrition (TRIPS 8.1)

measures to prevent

abuse of intellectual property rights by right holders, (TRIPS 8.2)

practices adversely effecting transfer of international technology (TRIPS 8.2)

practices in unreasonably restraint of trade (TRIPS 8.2)

measures to promote public interest in sectors of vital importance (TRIPS 8.1)

socioeconomic development

technological development

TRIPS Agreement, review and amendment (TRIPS 71)

amendments, for purpose of adjusting to higher levels of protection (TRIPS 71.2)

amendments to covered agreements other than TRIPS distinguished (WTO X:6)

implementation (TRIPS 71.1)

relevant factors, new developments

tropical products (AG Preamble)