RESTRICTED
WORLD TRADE WT/COMTD/W/6/Add.1
13June 1995
ORGANIZATION(95-1553)
Committe onTrade andDevelopment
Second Session
28June 1995
MATRIX ONREGULATORY OBLIGATIONS AND OTHER IMPLICATIONS
OFTHE URUGUAY ROUND AGREEMENTS
Note bytheSecretariat
AddendumWT/COMTD/W/6/Add.1
Page 2
Regulatory aspects Institutional aspects Implementation Support Other
1.Agreement
Establishing the
World Trade
OrganisationContracting parties totheGATT
1947 shall become original
Members oftheWTO by
accepting thisAgreement and
theMultilateral Trade
Agreements andforwhich
Schedules ofConcessions and
Commitments areannexed to
GATT 1994 andforwhich
specific Commitments are
annexed toGATS (Art XI)
The WTO Agreement shall
remain open foracceptance by
original Members foratwo year
period (i.e. until 1January
1997)
All MTA Agreements are
binding onallMembers with the
entry into force oftheWTO;
The four Plurilateral
Agreements arebinding upon
Members who have accepted
them
Members arecommitted to
bring their laws and regulations
inconformity with obligations
asprovided intheAgreements
(Article XVI:4)The WTO shall provide the
common institutional framework
fortheconduct oftrade relations
between itsMembers inmatters
related totheAgreement and
associated legal instruments
(Article II)
Through theestablishment ofthe
WTO, Members arerequired to
review theadequacy ofdomestic
institutions toensure full
implementation ofallaspects of
theAgreements contained therein
The Declaration onthe
Contribution oftheWTO to
Achieving Greater Coherence
inGlobal Policymaking
recognises that coherence of
policies starts atthenational
level. Attheinternational level,
theWTO Director General isto
review with thePresident ofthe
World Bank andtheManaging
Director oftheIMF onhow to
achieve greater coherence in
policymakingThe WTO entered into force on
1January 1995. Any time-
limited exceptions apply in
relation totheentry into force
oftheWTO, unless specified
differently
The least-developed countries
areonly required toundertake
commitments andconcessions
totheextent consistent with
their individual development,
financial andtrade needs or
their administrative and
institutional capabilities
(Article XI)
Most Agreements and
Arrangements contain Special
and Differential treatment
provisions forless and least-
developed country Members
Least-developed Members had
one additional year (until 15
April 1995) tosubmit their
schedules (Ministerial Decision,
par1)The Marrakesh Declaration of
15April stipulates (para 5)the
need forstrengthening the
capability oftheGATT andthe
WTO toprovide increased
technical assistance
Ensuring afullunderstanding of
thenew rights and obligations in
theAgreements andassist in
assessing ways toexercise these
rights andtocomply with the
obligations
Analyzing possible implications
oftheAgreements indomestic
policy making: opportunities
andconstraints
Assessing benefits that canbe
derived from theAgreementLeast-developed countries shall
beaccorded substantially
increased technical assistance in
thedevelopment, strengthening
and diversification oftheir
production bases including
those ofservices, aswell as
trade promotion, toenable them
tomaximize benefits from the
liberalized access tomarkets
(Ministerial Decision on
Measures inFavour ofLeast-
Developed Countries ,para 2)
The Decision onNotification
Procedures contains specific
provisions, aimed atenhancing
transparency through improved
WTO notification proceduresWT/COMTD/W/6/Add.1
Page 3Regulatory aspects Institutional aspects Implementation Support Other
2.Multilateral
Agreements on
Trade inGoodsThe Multilateral Agreement on
Trade inGoods comprises the
General Agreement onTariffs
and Trade 1994 (including
several Understandings and the
Marrakesh Protocol) and the
Agreements ,each ofwhich
contain regulatory obligations
forallMembers, asdetailed
below
The Understandings contain new
regulatory provisions forthe
application ofGATT Articles
II:1(b), XVII, XXIV, XXVIII,
waivers ofobligations and for
Balance-of-Payments purposes
The Marrakesh Protocol
contains provisions forall
Members regarding Schedules of
Concessions including
commitments ontariffs
(reductions) andother barriers
totrade (through bindings),
which will beimplemented in
five equal rates, except asmay
beotherwise specified ina
Member 'sScheduleMembers arerequired toreview
theadequacy oftheir institutions
toensure thefullimplementation
ofallAgreements, concessions
and other obligations and tomeet
thenew regulatory requirements
intheUnderstandingsThe MTA Agreements entered
into force on1January 1995
The first reduction commitment
was implemented on1January
1995, thelastreduction will be
implemented nolater than
1January 1999
Least-developed country
Members had oneadditional
year (until 15April 1995) to
submit schedules
The implementation ofthe
concessions andcommitments
contained intheschedules can
besubject tomultilateral
examination bytheMembers
(Marrakesh Protocol par2)
Technical Assistance is
specifically foreseen inthe
Understanding onBalance-of-
Payments Provisions
The Ministerial Decision in
Favour ofLeast-Developed
Countries stipulates measures
toenhance market access
opportunities through technical
assistanceAssist inunderstanding and
application ofthespecific
Agreements, protocols,
Decisions andUnderstandingsAssess new market
opportunities that should arise
from trade liberalisationWT/COMTD/W/6/Add.1
Page 4 Regulatory aspects Institutional aspects Implementation Support Other
3.Agreement on
AgricultureThe Agreement brings
agricultural policies under clear,
effective and operational rules in
theWTO
The Agreement provides
disciplines inthree areas:
market access, domestic support
and export subsidies
Inaddition totheAgreement,
disciplines aresecured through
theSchedules ofconcessions
and commitment negotiated by
Members
Allnon-tariff barriers are
prohibited, except those
maintained under B.O.P.
provisions orunder general,
non-agriculture-specific
provisions ofGATT 1994, or
otherwise covered under WTO
provisions
Notification requirementsInview ofthevast range ofnew
commitments, Members are
required toreview their
institutional framework toensure
thefullimplementation ofall
new binding provisionsSpecial andDifferential
treatment toDeveloping
country Members isanintegral
part oftheAgreement
(Article 15:1)
The implementation ofthe
Agreement isforeseen over a
six-year period (i.e.prior to
1January 2001); developing
country Members can
implement thereduction
commitments over 10years
(prior to1January 2005) and
least-developed country
Members arenotrequired to
undertake reduction
commitments (Article 15.2)
The rates oftariffs and
subsidies reduction arelower
fordeveloping country
Members
Special exemptions ondomestic
support, including investment
subsidies
Ahigher deminimis threshold
asregards reduction of
domestic support (10percent
instead of5percent)
The Decision onMeasures
Concerning thePossible
Negative Effects ofthe
Reform Programme onLeast-
Developed and Net-Food
Importing developing
countries contains specific
provisions toaddress theAssist infullimplementation of
AgreementThe Agreement foresees
initiating negotiations for
continuing thereform process
inagricultural trade oneyear
before theend ofthe
implementation period, which
effectively will bein1999
(Article 20); Members could be
assisted inpreparing foritWT/COMTD/W/6/Add.1
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4.Agreement on
Application of
Sanitary and
Phytosanitary
MeasuresMembers shall ensure that any
sanitary orphytosanitary
measure isapplied only tothe
extent necessary andbased on
scientific principles (Article 2)
Members shall base their SPS
measures oninternational
standards, guidelines or
recommendations
Members areobliged tonotify
SPS requirements which restrict
tradeEach Member shall ensure that
one enquiry point exists to
provide information andanswer
queries (Annex B)
Members shall formulate and
implement positive measures and
mechanisms insupport ofthe
provisions byother than central
government bodies (Article 13)The Agreement contains longer
time frames forimplementation
and time-limited exceptions for
developing country Members
where alack ofexpertise or
technical infrastructure or
resources sorequires
(Article 10)
Least-developed countries may
delay theapplication ofthe
Agreement forfive years (i.e.
1January 2000)
Technical assistance will be
provided through other
Members (Article 9)Under Article 9ofAnnex B,the
Secretariat shall promptly
circulate notifications regarding
SPS requirements anddraw the
attention ofdeveloping country
Members toanynotification to
products ofparticular interest to
themIfanSPS requirement implies
major investments bya
developing country Member,
theAgreement foresees that
technical assistance should
contribute tofacilitating new
market access opportunities in
developed country Members
(Article 9)WT/COMTD/W/6/Add.1
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5.Agreement on
Textiles and
ClothingMembers which retain theright
tousethespecial safeguard are
required togradually integrate
textiles and clothing products
into GATT '94over a10-year
transitional period (1January
1995 to31December 2004)
Notification ofthedetails of
integration programme (Article
2.6and 2.7) andofintention
toretain theright tousethe
special transitional safeguard
mechanism (Article 6.1)
Members with MFA restraints
were required tonotify full
details ofallsuch measures in
place on31.12.94.
Members arealso required to
notify quantitative restrictions
onproducts covered bythe
Agreement other than those
maintained under theMFA,
whether ornotconsistent with
GATT. Members canmaintain
GATT inconsistent measures,
butother restrictions must be
either brought into conformity
with GATT within one year
(prior to1January 1996), or
eliminated inaccordance with a
programme tobepresented to
theTMB notlater than six
months (i.e.prior to1July
1995)
Changes inrules and practices
aresubject toconsultationMembers will need toensure that
theinstitutional mechanism is
adequate tofulfil theobligations
intheAgreement, inparticular
conducting theintegration
process
Those members wishing toapply
thetransitional safeguard
mechanism intheAgreement are
required tocomply with the
specific relevant criteria
(Article 6)Integration ofallproducts listed
intheAnnex will bemade by
Members which retain theright
tousethespecial safeguard.
There arefour stages:
16percent ofthevolume ofits
1990 imports oftheproducts in
theAnnex on1January 1995,
17percent ofthe1990 imports
on1Jan. 1998, 18percent on
1Jan. 2002 and theremainder
on1January 2005
The Agreement stipulates that
Members ensure meaningful
increases inaccess possibilities
forsmall suppliers andthe
development ofcommercially
significant trading opportunities
fornew entrants inthefield of
textiles and clothing trade
(Article 1:2)
The Agreement specifically
foresees improved access
opportunities forMembers
whose restrictions represent
1.2percent orless ofthetotal
volume ofrestrictions applied
byanimporting member asof
31Dec. 1991 (Article 2:18)
Particular interest should be
provided tocotton-producing
exporting countries (Article
1:4)Assist infacilitating the
implementation ofthe
integration programme
Assist Members inexercising
their rights andobligations
under allprovisions, particularly
thespecial safeguard (Article 6)WT/COMTD/W/6/Add.1
Page 7Regulatory aspects Institutional aspects Implementation Support Other
6.Agreement on
Technical Barriers
toTradeAllMembers arerequired to
establish aregulatory system to
implement theAgreement
Members who were signatory to
theTokyo Round Agreement
may need toreview existing
regulations toensure the
implementation oftheextension
ofthecoverage torequirements
ACode ofGood Practices lays
down principles that local
government, non-government
and regional bodies areexpected
tocomply with respect totheir
standardizing activities and
increases considerably the
transparency oftheir activities
Notification oftechnical
regulations, standards and
conformity procedures
Exchange information through
enquiry pointsEstablish enquiry points
(Article 10)
Members shall designate asingle
central governement authority
that isresponsible forthe
implementation onthenational
level oftheprovisions
concerning notification
procedures (Article 10.10)Ifadeveloping country
Member faces institutional and
infra-structural difficulties, it
candelay theapplication, in
whole orinpart theprovisions
oftheAgreement (Article 12.8)
The Agreement foresees
specific technical assistance
activities, through Members, in
preparing technical regulations
and establishing regulatory
bodies (Article 11)Assist inpreparation and
application oftechnical
regulations, standards,
conformity assessment
procedures, taking into account
thespecial development and
trade needs ofdeveloping
country Members
Assist inoperation ofthe
relevant bodiesWT/COMTD/W/6/Add.1
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7.Agreement on
Trade-Related
Investment
MeasuresThe Agreement covers
investment measures related to
trade ingoods only
Notification ofTRIMS
inconsistent with Agreement
within 90days ofthedate of
entry into force ofthe
Agreement (i.e.prior to1April
1995) and elimination ofthose
TRIMs within two years (i.e.
prior to1January 1997) by
developed country Members
Following adecision of3April
1995, the90day notification
period starts after thedate of
acceptance forstates and
separate customs territories
eligible tobecome original
MembersDeveloping country Members
cantemporarily deviate from
some provisions (Article 4),but
they must eliminate TRIMs
within five years (i.e.prior to
1Jan2000), least-developed
Members within seven years
(i.e.prior to1Jan. 2002)
TRIMs introduced less than
180 days before entry into
force oftheAgreement will not
benefit from such transitional
period
Astandstill provision prohibits
theintroduction ofnew TRIMs
during thetransition period, but
existing TRIMs may beapplied
tonew investments inrespect
oflike products where
necessary toavoid distorting
conditions ofcompetitionAnalyze determinants offoreign
direct investment andassess
how market based factors could
help toattract inward
investment inthemarket placeWT/COMTD/W/6/Add.1
Page 9Regulatory aspects Institutional aspects Implementation Support Other
8.Agreement on
Implementation of
Article VIof
GATT 1994There isnoobligation for
Members tointroduce Anti-
Dumping legislation
Members who have anti-
dumping legislation or
regulations arerequired tobring
their legislation inline with the
new provisions
The Agreement contains stricter
disciplines oninitiation and
investigation ofdumping, time
limits ('sunset clause '),
application ofprovisional
measures, provides more
detailed rules formethodology
forcalculating dumping margins
and determining injury, requires
areview ofanti-dumping
measures bytheauthorities of
theimporting country,
establishes public notice
requirements forallphases of
investigation
Notification requirementMembers who already have
Anti-dumping legislation inplace
arerequired toadapt/revise their
institutional framework
Members arealso required to
maintain judicial, arbitral or
administrative tribunals or
procedures forthepurpose, inter
alia, oftheprompt review of
administrative actions relating to
final determinations and reviews
ofdeterminations (Article 13)
Members who donothave Anti-
dumping legislation anddonot
intend tousetheprovisions in
theAgreement arenotlikely to
face anyinstitutional implicationsThe special situation of
developing country Members is
recognised inArticle 15:
Possibilities forconstructive
remedies shall beexplored
before applying Anti-dumping
duties where they would affect
theessential interests of
developing country MembersImprove theunderstanding of
mechanics ofADprovisions
Training inapplication ofall
relevant provisionsAssess theneed toinstitute AD
legislationWT/COMTD/W/6/Add.1
Page 10 Regulatory aspects Institutional aspects Implementation Support Other
9.Agreement on
Implementation of
Article VIIof
GATT 1994The Agreement establishes six
methods ofvaluation, which
should beapplied inhierarchical
order, thetransaction value
being theprimary method
Legislation ineach Member
should contain provisions on
right ofappeal, without penalty
bytheimporter (Article 11)
Publish laws, regulations,
judicial decisions and
administrative rulings
(Article 12)
Adapt laws, regulations and
administrative procedures
relevant totheAgreement
(Article 22)AllMembers arerequired to
ensure that theinstitutional
framework isadequate to
implement these valuation
methods
Other Members arerequired to
establish theappropriate
institutional infra-structure,
including anauthority orbody to
carry outtheright ofappeal
(Article 11)Developing country Members
notparty totheTokyo Round
Agreement may delay the
application ofthisAgreement
fornotmore than five years
The application ofthe
provisions concerning the
computed value method may be
delayed foranother three years
Technical assistance shall be
provided byother Members
(Article 20.3)Technical assistance canconsist
oftraining personnel, preparing
implementation measures,
information, advice onthe
application oftheprovisions of
theAgreement (Article 20.3)Two separate Decisions were
adopted taking into account
problems ofdeveloping country
Members: i)Decisions
regarding Cases where
Customs Administrations have
Reasons toDoubt theTruth
orAccuracy oftheDeclared
Value andii)onTexts
Relating toMinimum Values
and Imports bySole Agents,
Sole Distributors and Sole
Concessionaires. The World
Customs Organisation is
requested toformulate and
conduct studies inareas
identified asbeing ofpotential
concern toless-developed
countries
10.Agreement on
Preshipment
InspectionRegulatory implications exist for
Members that apply pre-
shipment inspection procedures;
theAgreement, ipso facto ,is
non-mandatory
Obligations affect importing and
exporting Members, who are
required tonotify alllaws and
regulations regarding theuseof
preshipment inspection
procedures (Art.2&3)
User Members should ensure
that PSIentities establish
procedures toreceive, consider
and render decisions concerning
grievances byexporters
(Art 2.21)Members, who apply the
Agreement, arerequired to
ensure that anadequate
institutional framework exists for
thefullimplementation of
obligations
Incase ofdisputes between PSI
entities and exporters, the
Agreement foresees forreviews
byanindependent entity
constituted jointly byan
organisation representing PSI
entities and onerepresenting
exporters (Article 4)Exporter Members shall offer
toprovide touser Member, if
requested, technical assistance
toachieve theobjectives ofthe
Agreement (Article 3.3)Aspects ofconducting
preshipment inspectionWT/COMTD/W/6/Add.1
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11.Agreement on
Rules ofOriginThe Agreement contains specific
disciplines that will apply during
atransitional period, i.e.until
completion ofthework
programme forthe
harmonization ofrules oforigin
(Article 2)and after the
Transition period (Article 3)
Moreover, theAgreement
contains detailed procedural
arrangements onnotification,
review, consultation and dispute
settlement; thisincludes
publication oflaws, regulations,
judicial decisions and
administrative rulings ofgeneral
application relating torules of
originAny administrative action which
(Members) take inrelation tothe
determination oforigin is
reviewable promptly byjudicial,
arbitral oradministrative
tribunals orprocedures,
independent oftheauthority
issuing thedetermination, which
caneffect themodification or
reversal ofthedetermination
(Article 2)Aworkprogramme with regard
totheHarmonization ofrules
oforigin (PART IV)will be
undertaken andcompleted
within three years ofinitiation
(i.e.prior to1January 1998)
Technical assistance may be
needed inimplementing
specific origin requirementsAssess andanalyze how specific
origin rules canbemetItisclearly stated (Definitions
and coverage) that the
Agreement relates torules of
origin innon-preferential trade
ANNEX IItotheAgreement
contains aCommon
Declaration with Regard to
Preferential Rules ofOrigin
12.Agreement on
Import Licensing
ProceduresAllMembers arerequired to
ensure that laws, regulations and
administrative procedures for
implementing import licensing
schemes areinconformity with
theprovisions oftheAgreement
notlater than theentry into
force oftheAgreement
[Article 8.2(a)]
Members who didnotapply the
Tokyo Round Agreement are
required toestablish the
necessary administrative
procedures [Article 8.2(a)]
Members should notify the
Committee when they institute
licensing procedures ormake
changes inthese (Articles 5.8)The implementation ofthe
Agreement requires, inter alia, a
contact point forinformation on
eligibility andadministrative
body(ies) forsubmission of
applications (Article 5)With regard toautomatic
import licensing, adeveloping
country Member, which was
notasignatory totheTokyo
Round Agreement, upon
notification totheCommittee
canbeexempted for2years
from theprovisions [Article
2.2(a)(ii) and (a)(iii)]Training could focus onthe
application ofautomatic andin
particular non-automatic
licensing procedures toensure
that provisions areapplied inthe
least trade-distortive mannerWT/COMTD/W/6/Add.1
Page 12 Regulatory aspects Institutional aspects Implementation Support Other
13.Agreement on
Subsidies and
Countervailing
MeasuresThe Agreement contains detailed
provisions regarding both the
granting ofsubsidies and theuse
ofcountervailing measures
Members arenotunder any
obligation toapply countervail
measures; however, Members
who desire todosoarerequired
tobring their laws and
regulations inline with thenew
provisions regarding
countervailing duties
Members arerequired tophase
outprohibited subsidies within
theappropriate transition period
Notification requirementAllMembers that desire touse
countervailing measures are
required toensure that an
appropriate institutional
framework isinplace tocarry
outtheobligations under the
Agreement, including ajudicial
reviewThe Agreement contains
Special andDifferential
treatment provisions for
developing country Members,
dispensating them from some
obligations andproviding a
longer implementation period
(PART VIII)
The Agreement recognises the
importance ofsubsidies in
economic development
programmes ofdeveloping
country Members (Article 27)Training inthecountervail area
could comprise such issues as:
calculation ofsubsidies,
determination ofinjury,
procedures forCVD,
terminating investigation,
imposition ofCVD, duration,
judicial review
With respect tosubsidies,
training with respect tothe
identification andphase-out of
prohibited subsidies could be
provided.
Assistance inidentifying
notification requirements may be
necessary toensure certain
substantive rightsWT/COMTD/W/6/Add.1
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14.Agreement on
SafeguardsPublished procedures inplace
prior tocommencing a
safeguard action.
Conduct ofinvestigation prior to
asafeguard measure (Article 3)
Publish report with findings
(Article 4)
Formal prohibition ofVERs,
OMAs andsimilar measures on
theexport and import side
Existing Article XIX measures
shall beterminated within five
years (i.e. prior to1January
2000) orwithin 8years after
first application
Eliminate non-conforming
measures orbring them in
conformity with Agreement
within four years (prior to
1January 1999)
Consultation requirements
Notification requirementsAninvestigation shall include
reasonable public notice toall
interested parties andpublic
hearings inwhich interested
parties could present evidence
and their views, inter alia, asto
whether ornottheapplication of
asafeguard measure would bein
thepublic interest (Article 3)Asafeguard measure shall not
exceed four years, unless
extended under certain
conditions
The Agreement contains more
flexible provisions for
developing country Members,
who canextend safeguard
measures formore than the
maximum 8years (Article 9),
and areless limited in
reimposing asafeguard
measure
The Agreement contains special
and differential treatment
provisions inapplying
safeguard measures against a
developing country Member(s):
aslong asitsshare ofimports
does notexceed 3percent, or
when developing countries with
less than 3percent ofimport
share collectively account for
notmore than 9percent ofthe
product total imports, no
safeguard measure shall be
applied (Article 9)Assistance could beprovided in
injury determination, conduct of
investigations, including
hearings, elimination ofnon-
conforming measures or
bringing them into conformityIncase ofprolonged safeguard
action, assistance could be
provided inidentifying needs
foradjustment ofdomestic
industryWT/COMTD/W/6/Add.1
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15.General
Agreement on
Trade inServicesRegulatory obligations follow
from general provisions
(including MFN treatment) and
from specific commitments
contained inthenational
schedules ofservices
commitments and infour
Annexes (onMovement of
Natural Persons, Financial
Services, Telecommunications,
AirTransport Services); in
addition, theAgreement
contains eight decisions, two
annexes onfurther negotiations
and one understanding
Members arerequired topublish
allrelevant measures ofgeneral
application which pertain tothe
operation ofthisAgreement,
including laws, regulations or
administrative guidelines which
significantly affect trade in
services covered bytheir
specific commitments (Article
III)AllMembers shall establish one
ormore enquiry points to
provide, upon request, specific
information toother Members
(Article III.4)
Developed country Members and
totheextent possible other
Members areunder the
obligation toestablish oneor
more contact points within two
years tofacilitate information to
developing country Members
(Article IV.2)The preamble expresses the
desire toincrease the
participation ofdeveloping
country Members intrade in
services; Article IVprovides
forthemeans toachieve this
Technical assistance will be
provided through thecontact
points, andthrough the
Secretariat atthemultilateral
level (Article XXV)
Specific technical assistance can
also beprovided through
sectoral committeesAssess implications ofrights and
obligations forindividual
Members
Assist developing country
Members inidentifying and
assessing new market access
opportunitiesGATS contains theobligation to
enter into successive rounds of
negotiations before 2000
GATS contains several
Decisions relating to,inter alia,
Institutional Arrangements,
further negotiations inspecific
sectors, certain dispute
settlement procedures, which,
atthisstage, don'timply
regulatory obligations for
MembersWT/COMTD/W/6/Add.1
Page 15Regulatory aspects Institutional aspects Implementation Support Other
16.Agreement on
Trade-Related
Aspects on
Intellectual
Property RightsThe Agreement establishes basic
principles (national treatment,
MFN) forintellectual property
rights
Italso establishes minimum
substantive standards of
protection foreach ofthe
categories ofintellectual
property rights which need tobe
applied
The Agreement requires
Members toprovide, within
national laws, effective
procedures andremedies forthe
enforcement ofrights
Notification requirementsWhile Members arebound to
give effect totheprovisions of
theAgreement, they arealso free
todetermine theappropriate
method intheir legal system and
practice (Article 1.1)
There isnoobligation for
Members toputinplace a
judicial system forthe
enforcement ofrights distinct
from that fortheenforcement of
lawingeneral, nordoes itaffect
thecapacity ofMembers to
enforce their lawingeneral
(Article 41:5)The Agreement contains
transitional arrangements
(Article 65)
AllMembers have oneyear
(i.e.1January 1996),
developing country Members,
aswell aseconomies in
transition (the latter under
specific conditions) five (i.e.
1January 2000) andleast-
developed eleven (extendable)
years (i.e. 1January 2006) to
meet obligations
Obligations toprovide national
treatment and MFN apply for
allMembers one year after
entry into force oftheWTO,
i.e.1Jan. 1996 (Article 65.2)
Any Member modifying its
laws, regulations orpractices
during thetransitional period
must ensure that such
modifications donotresult ina
lesser degree ofconsistency
with theprovisions ofthe
Agreement
Notwithstanding the10years
developing country Members
have tointroduce product
patent protection incertain
areas oftechnology, special
provisions apply to
pharmaceutical andagricultural
chemical products: thefiling of
patent applications must be
accepted forthese from the
beginning ofthetransitionalDeveloped country Members are
toprovide, onrequest andon
mutually agreed terms, technical
andfinancial co-operation to
developing andleast-developed
country Members inpreparation
ofdomestic legislation onthe
protection andenforcement of
intellectual property rights
(Articles 67)
This also applies toproviding
support toreinforcement or
establishment ofdomestic
offices, including training of
personnel
Assist developing country
Members inestablishing
intellectual property rights
(patents, copyrights etc.)Developed country Members
shall provide incentives to
enterprises fortechnology
transfer toleast-developed
country Members (Article 66.2)WT/COMTD/W/6/Add.1
Page 16 Regulatory aspects Institutional aspects Implementation Support Other
17.Understanding
onRules and
Procedures
Governing the
Settlement of
DisputesNodirect regulatory
implications through the
Understanding perse,but
possible through panel findings,
which aresubject tobinding
arbitration: domestic legislation
canberequired tobeadapted as
aconsequenceAlegal expert byWTO
Secretariat shall provide
expertise and legal advise
(Article 27.2)
Automaticity inpanel
proceduresThe secretariat shall conduct
training courses forinterested
Members concerning dispute
settlement procedures and
practices (Article 27.3)
Assess new rights and
obligations under theDispute
Settlement Procedures andhow
toexercise these rightsSpecial position ofdeveloping
countries istaken into account
invarious provisions ofthe
Understanding
18.Trade Policy
Review MechanismThe Agreement contains a
reporting requirementMost developing countries are
subject toreview either every
four years orevery sixyears,
depending ontheir share of
world trade
Least-developed country
Members aresubject toalower
frequency ofreviews
The WTO Secretariat canassist
inpreparing national reports