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* Explanation of WorldTradeLaw.net's WTO Case Law Index *

For many years, the GATT Analytical Index was the primary resource used to research GATT case law.  In order to provide a similar research tool for WTO disputes, where the number and complexity of the decisions has grown considerably, we have taken a different approach, making use of the Dispute Settlement Commentaries we prepare for each decision.  Our WTO Case Law Index works as follows.  For each WTO legal provision (e.g., AD Agreement Article 2.1, TRIPS Agreement Article 13, etc.) or legal term or concept (e.g., Consultations, Deadlines, Standing, etc.), we indicate the relevant WTO panel reports, Appellate Body reports or arbitrations.  For example, to identify cases that address TRIPS Agreement Article 3.1 (National Treatment), you would simply locate that provision in the Index.  The relevant cases are then listed in hyperlink form (these links open up the Dispute Settlement Commentary for that case).  Next to the case name as listed in the index, we provide a parenthetical explanation that indicates the manner in which this legal provision or term arose.  Once you have clicked on a hyperlink and entered a DSC, simply click on the relevant item in the table of contents.  In addition, following the description of the findings or reasoning, references to the relevant paragraphs are provided.  These paragraph references are a link to the first page in the actual case where the issue was discussed.

Our Index is the most up-to-date resource available.  We complete a Dispute Settlement Commentary within 1-3 weeks of the circulation of each new decision, and update the Index to reflect developments in the new decision immediately thereafter.

Some sample index entries are provided below (updated as of June 30, 2006).  The sample entries include all of the cases that discuss amicus submissions, as well as the cases that discuss selected TRIPS Agreement provisions.  Please note that most of the DSCs listed are available only to subscribers, so they will not be available as samples.  The cases listed below that are available as free samples are: EC - Asbestos (AB), EC - Asbestos (Panel), and Canada - Pharmaceuticals (Panel).

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A                        (Excerpt Only)    

Amicus Submissions

 

T                       (Excerpts Only)     

 TRIPS Agreement 

       .     .     .

Article 9 (Copyright and Related Rights under the Berne Convention)

Article 13 (Exceptions to Copyright Protections)

Article 15 (Protectable Subject Matter Relating to Trademarks)

Article 15.1 (Protectable Trademarks)

Article 15.2 (Denial of Trademark Registration on Other Grounds)

Article 16 (Rights Conferred on Trademarks)

Article 16.1 (Rights Conferred on Trademarks)

Article 17 (Exceptions to Trademark Rights)

Article 20 (No Unjustifiable Encumbrances on Trademarks)

Article 22 (Protection of Geographical Indications)

Article 22.2

Article 24 (International Negotiations and Exceptions Related to Geographical Indications)

Article 24.3 (Shall Not Diminish the Protection of Geographical Indications that Existed Prior to WTO Agreement's Entry into Force)

Article 24.5 (Shall Not Prejudice Eligibility for or the Validity of the Registration of a Trademark, or the Right to use a Trademark)

Article 27 (Patentable Subject Matter)

Article 27.1 (Discrimination by Field of Technology)

Article 28 (Rights Conferred on Patents)

Article 28.1

Article 30 (Exceptions to Patent Right Protections)

       .     .     .

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