The Economic Times
12,248.2567.9
Stock Analysis, IPO, Mutual Funds, Bonds & More

Chindia set to Trip US plan for multilateral rules

The US attempt to frame multilateral rules for enforcement of patents and data protection laws under the Trips Agreement has been challenged by China and India.

, TNN|
Feb 19, 2007, 03.54 AM IST
0Comments
NEW DELHI: The US attempt to frame multilateral rules for enforcement of patents and data protection laws under the Trips Agreement has been challenged by China and India. The countries argue that the Trips Agreement allows individual countries to choose their own methods of enforcement within their capacities and this flexibility could not be withdrawn.

Speaking to ET, sources said that while the US was able to arm-twist developing countries including India into subscribing to the Trips Agreement during the Uruguay Round, its latest attempt to make uniform rules for enforcement of the Trips agreement in the on-going Doha round will not succeed. Although, in the recent Trips Council meet, China was the first country to object to the US proposal of making enforcement of Trips part of the negotiating agenda, India firmly backed China’s claim. Other countries to support China in its opposition to the US position included Argentina, Cuba, South Africa and Brazil.

In the Trips Council meeting in Geneva last week, the US presented a paper expressing concern over the increased flow of counterfeit goods in its markets. It pointed out that there was a surge in seized counterfeit footwear in the US from 10% in fiscal 2005 to 41% in 2006, and a rise overall in the value of seized goods from $ 93 million to $155 million. It added that counterfeit computers and consumer electronics, which composed 14% of seizures in fiscal 2006, were also causing concern because of possible hazards to consumers.

The US presented another paper on its experience on border enforcement to check counterfeits and suggested that uniform enforcement rules should be established for all countries under the WTO regime.

The main argument used by China, India and others opposing the US move was that the Trips Agreement gives countries the right to choose how to implement and enforce its provisions, and that enforcement cannot be considered separately from other provisions, including those on non-discrimination and on avoiding creating unnecessary barriers to trade. The countries also argued against duplicating work in the World Customs Organisation and World Intellectual Property Organisation.

The US too had its share of supporters (mostly developed countries), who appreciated the paper and supported more exchange of information These included Canada, El Salvador, New Zealand, Australia, the EU, Japan and Switzerland.
Comments
Add Your Comments
Commenting feature is disabled in your country/region.

Other useful Links


Copyright © 2020 Bennett, Coleman & Co. Ltd. All rights reserved. For reprint rights: Times Syndication Service