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)
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