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Dispute Settlement

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Chapter Summary

The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of disputes under this Agreement except as otherwise specifically provided herein. As a rule, dispute settlement under the TRIPS Agreement is governed by Arts XXII and XXIII:1 lit. a GATT 1994 and the Dispute Settlement Understanding (DSU). This chapter gives an overview of the drafting history and content of Art. 64 (B). It then explains possible exceptions to the rule, namely the applicability of the non-violation and situation complaints to dispute settlement under the TRIPS Agreement. The final evaluation deals with the significance of dispute settlement under the TRIPS Agreement, the interpretation of the TRIPS Agreement by the WTO dispute settlement organs and the difficulties with the suspension of concessions or other obligations under the TRIPS Agreement in accordance with Art. 22.3 DSU.

Keywords: dispute settlement understanding (DSU); non-violation; situation complaints; TRIPS agreement; WTO



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