WTO TRIPs 협정상의 특허보호 분쟁사례 연구- 비위반제소 문제를 중심으로 -

Abstract

The GATT had been central in liberalizing the international trade up until the estab lishment of the WTO which has resulted from the UR, the eighth Round of multilateral negotiations under the auspices of the GATT. The WTO encompasses new areas such as services, intellectual property, agricultural products for the first time as well as manufactured products. Additionally, the WTO has placed all members under an obligation to invoke and comply with its dispute settlement procedures and rules. The field of Intellectual property is one of the major areas together with the fields of goods and services in the WTO, and the TRIPs Agreement obliges governments to take responsibility to protect intellectual property rights. Although there have some problems to be settled in the TRIPs Agreement, this Agreement is important in setting the standards for trade-related intellectual property issues. The TRIPs Agreement has the effect of increasing the level of protection under the Paris Convention and the Berne Convention by providing the comprehensive intellectual property rights protection. In particular, it is the first international agreement which explicitly set out the MFN obligation with respect to intellectual property rights. This Agreement establishes minimum standards of protection of rights, and makes the general dispute settlement system of WTO available to address TRIPs related disputes. In case of the infringement of this Agreement, the suspension of concessions or cross-retaliation is a possible option. This paper aims to analyze the case of India-Patent Protection for Pharmaceutical and Agriculture Chemical Products and substantive rules including the dispute settle ment procedures of the TRIPs Agreement.