Protecting Global Brands: Toward a Global Norm

2002 ◽  
Vol 10 (2) ◽  
pp. 99-112 ◽  
Author(s):  
Kate Gillespie ◽  
Kishore Krishna ◽  
Susan Jarvis

In 1995, the World Trade Organization bound member countries to new standards of foreign trademark protection. Developed countries were given a year to bring their national trademark regimes into compliance. Other countries were allowed from 5 to 11 years. In the past 7 years, governments have taken many steps to reach compliance. Nonetheless, many countries fall short of the envisaged global norm. To better understand the challenges of the past several years, the authors focus on the state of national trademark regimes on the eve of the establishment of the World Trade Organization. The authors particularly address how contagion influence, resource constraints, and xenophobia affected treaty participation, domestic trademark law, application processing, and the relative treatment of foreign and domestic applications. The authors analyze data for 62 countries, which suggest that distinct patterns of foreign trademark protection existed for developed countries, newly industrialized countries, less developed countries, and transitional economies. The authors explain the managerial implications of these findings and argue that there is evidence that countries are moving toward global norms in trademark protection. However, an international treaty is the beginning, not the end, of this process.

2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin

The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.


Author(s):  
RamMohan R. Yallapragada ◽  
Ron M. Sardessai ◽  
Madhu R. Paruchuri

In July 2004, 147 World Trade Organization (WTO) member countries met in Geneva where the developed countries agreed to cut back and eventually eliminate an estimated $350 billion of their farm and export subsidies. The accord was hammered out by five WTO members including India and Brazil and submitted to the WTOs plenary session where it was finally ratified on July 31, 2004. The Fifth Ministerial Conference of the World Trade Organization held in Cancun in September 2003 collapsed from inside as internal squabbles and irreconcilable philosophical differences developed between the developed countries and the developing countries. The WTO, which started with noble objectives of raising the global standards of living through international trade agreements and cooperation among the WTO member countries, appeared to be teetering on the verge of a complete collapse. Over the past decade, through five ministerial conferences, the WTO member countries gradually got polarized into two main blocks, the haves and the have nots, the developed countries and the still developing countries respectively. One of the important items of contention was the issue of reduction and elimination of the huge farm subsidies in the European Union (EU) and the United States (US). At the 2003 WTO conference in Cancun, 21 of the developing countries formed a group, known as G-21 initiated under the leadership of Brazil and India, and insisted on discussions for elimination of the farm subsidies of the EU-US combine. The EU and US governments give billions of dollars worth of agricultural and export subsidies annually to their farmers that allow them to have a competitive advantage in international markets in effect preventing agricultural producers in developing countries from having access to global markets. The EU delegates insisted that the four Singapore issues must be dealt with first before including any discussions on the issues of farm subsidies on the agenda. The G-21 over night swelled into G-70. The developing countries refused to be pushed into a corner and have proved that they are now a force to reckon with. The WTO Cancun conference came to a dramatic end without any agreement, leaving the negotiations in a deadlock. At the historic July 2004 WTO negotiations in Geneva, an accord has been reached under which the developed countries agreed to reduce and eventually eliminate their export and farm subsidies. The developing countries also agreed to lower their tariffs on imports from EU-US and other developed countries. The accord is expected to pave the way for the resumption of the WTO Doha Round of multilateral negotiations to liberalize world trade.


2001 ◽  
Vol 1 (4) ◽  
pp. 1-9 ◽  
Author(s):  
Marc Williams

This article assesses the first decade of the trade-environment debate, and explores the possibilities for reconciliation of competing positions on trade-environment issues. It explores three aspects of the continuing conflict over trade and environment in the World Trade Organization. Rejecting both optimistic and pessimistic accounts of the past and future of the trade-environment debate it argues that important changes have occurred that have transformed the debate. But, despite the normalization of the trade-environment debate around the concept of sustainable development significant points of contention remain among the various participants.


2009 ◽  
Vol 22 (2) ◽  
pp. 395-409
Author(s):  
HANS MAHNCKE

Globalization, as evidenced in increased trade, economic development, and the emergence of new global powers, has meant that the world economy has undergone significant changes over the past two decades. The World Trade Organization (WTO) is more than a potent representation of these developments, it is often seen, along with its predecessor, the General Agreement on Tariffs and Trade (GATT), as having enabled the process of globalization. However, there are profound concerns about what lies ahead in an increasingly complex economic and regulatory setting, in particular for developing countries (DCs).


2019 ◽  
Vol 4 (8) ◽  
pp. 121-125
Author(s):  
Nino Parsadanishvili

resent paper focuses on current crises in international trade in services negotiations from the perspective of consideration of trading interests of developing and least developed countries in line with the operational agenda of the World Trade Organization (WTO). Through the analysis of the existing international legal texts and scholarly works particular attention is paid to the different rounds of trade in services negotiations in parallel to the consideration of the results of relevant ministerial conferences of the World Trade Organization, drawing attention to the situation with regards of consideration of the interests of developing and least developed country members of the WTO. Special focus is paid to the complexity of the decision making process and it’s complication over time due to increased participation of parties concerned in the process of trade in services negotiations resulting in no progress in the overall process. Next to analyzing the challenges faced by the WTO in trade in services negotiations, especially in terms of considering the interests of developing and least developed countries, paper shows the ways that could be used during 2020 Kazakhstan Ministerial Conference of the World Trade Organization for finding solutions to simplify the decision making process and establish freer international trade in services by the way of either implying new approaches in interpreting the existing multilateral treaties that deal with trade in services between all member states of the WTO or deepening the discussions on a new plurilateral agreement helping the organization to overcome the stagnated process of trade in services negotiations and therefore ensuring the compliance with it’s own operational goals.


2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo

<p>This paper deals with the subject of Special and Differential Treatment (SDT) of the World Trade Organization (WTO), a special right that allows developing countries preferential treatment by other member countries, particularly developed countries. The paper more specifically discusses the ineffectiveness of the SDT owing to its structure and formulation, and explores the factors that have caused such ineffectiveness. It touches upon the provisions and the ways in which they are formulated and implemented, which deemed to have lead to the ineffectiveness. An observation of the way that negotiations are conducted and the underlying interests that direct those negotiations also contribute to the slow progress of introducing changes to the provisions. Furthermore, this paper analyses and identifies steps that may be taken to improve the concept, formulation, and implementation of SDT, inter alia through amendments of the provisions and conduct of negotiations. The paper also looks at several dispute cases which highlight the ineffectiveness of the existing provisions in advancing the interests of developing countries in particular and in fulfilling its purpose in general.</p>


2020 ◽  
Vol 23 (4) ◽  
pp. 973-988
Author(s):  
N Jansen Calamita

ABSTRACT Since 2017, World Trade Organization members have been engaged in Structured Discussions aimed at agreeing on a multilateral framework on investment facilitation for development. The negotiations focus on establishing binding disciplines for investment facilitation, which will likely be made subject to the World Trade Organization Dispute Settlement Understanding. Investment facilitation, however, is that something states already do. Over the past decade, states have adopted record numbers of reforms at the domestic, regional, and international levels to facilitate foreign investment. These reforms show no signs of slowing. This begs an important question regarding the World Trade Organization initiative: given all the attention that investment facilitation already receives from states and international organizations, how, if at all, would the conclusion of a World Trade Organization Framework bring added value to states, i.e. value that cannot be achieved by ongoing efforts? Examining this question is the focus of this paper.


Author(s):  
Martin Daunton

The World Trade Organization emerged from the Uruguay Round of 1986 to 1994 and covered development as well as trade—an ambition that had been attempted after the Second World War and the abortive attempt to create an International Trade Organization. Instead, a narrower General Agreement on Tariffs and Trade emerged. The failure of the International Trade Organization arose in part from the different ambitions of less developed or primary producing countries that were not acceptable to advanced industrial countries. The General Agreement on Tariffs and Trade faced continued pressure from the less developed countries, in particular from the United Nations Conference on Trade and Development which put forward a different approach to the global economy and issues of distributive justice. This chapter explains the different approaches and the responses of the more advanced countries.


2013 ◽  
Vol 41 (3-4) ◽  
pp. 352-380 ◽  
Author(s):  
Ka Zeng

Abstract This paper examines US-China trade disputes under the World Trade Organization (WTO) and argues that Chinese leaders are increasingly resorting to the WTO’s dispute settlement mechanism to target issues of most critical concern to domestic constituencies. The following overview of the WTO disputes initiated by China suggests that China’s WTO disputes tend to be dominated by cases involving anti-dumping duties (ADs) and countervailing duties (CVDs). The disproportionate share of such trade remedy cases in China’s WTO cases needs to be viewed in light of the fact that China has become the leading target of such cases worldwide in the past decades. The above pattern of China’s WTO initiation is explicable within the leader cost-benefit analysis, which would lead us to expect Chinese leaders to use the WTO DSM either to open foreign markets for Chinese businesses or to shield domestic firms from perceived unfair foreign trade practices. This paper further argues that the significant expansion of bilateral trade relations in the past decades has provided opportunities for Chinese leaders to identify or threaten retaliation against anti-protectionist groups in the other country in order to mobilise them against the disputed measure.


Author(s):  
Florian Freund

AbstractDeveloping countries coalitions form an integral part of tariff negotiations that take place under the aegis of the World Trade Organization. While there was only a single coalition in the 70s, their number increased to 31 in the year 2005. Despite the apparent proliferation of coalitions in tariff negotiations, little research on their theoretical and empirical implications has been produced. In particular, we lack an understanding of efficiency and equity effects of coalitions. By exploring this equity-efficiency nexus, the study finds that developing countries coalitions like the G-90 and the Least Developed Countries Group – while benefiting member countries – lead to less efficiency and less equity overall. Forming the Cairns Group, however, leads to a more efficient and equal distribution of the gains from trade.


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