GATT and The WTO 8 1944 The Bretton

GATT and The WTO 8

• 1944 The Bretton Woods Conference created the World Bank and International Monetary Fund (IMF), The International Trade Organization (ITO)? • 1947 Geneva Round - The General Agreement on Tariffs and Trade (GATT) 1994 Uruguay Round

Article II Schedules of Concessions 1. (a) Each contracting party shall accord to the commerce of the other contracting parties treatment no less favourable than that provided for in the appropriate Part of the appropriate Schedule annexed to this Agreement. 10

Non-discrimination principle

MFN The Most-Favoured-Nation Treatment 12

Article I General Most-Favoured-Nation Treatment 1. With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports, and with respect to the method of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation, and with respect to all matters referred to in paragraphs 2 and 4 of Article III, * any advantage, favour, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined 13

Article XXIV 5. Accordingly, the provisions of this Agreement shall not prevent, as between the territories of contracting parties, the formation of a customs union or of a free-trade area or the adoption of an interim agreement necessary for the formation of a 14

National Treatment

Article III* National Treatment on Internal Taxation and Regulation 1. The contracting parties recognize that internal taxes and other internal charges, and laws, regulations and requirements affecting the internal sale, offering for sale, purchase, transportation, distribution or use of products, and internal quantitative regulations requiring the mixture, processing or use of products in specified amounts or proportions, should not be

• 2. The products of the territory of any contracting party imported into the territory of any other contracting party shall not be subject, directly or indirectly, to internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic products. Moreover, no contracting party shall otherwise apply internal taxes or other internal charges to imported or domestic products in a manner contrary to the

• 4. The products of the territory of any contracting party imported into the territory of any other contracting party shall be accorded treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use…

Elimination of Quantitative Restrictions

Article XI 1. No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of

General Exceptions

Article XX Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or

(a) necessary to protect public morals; (b) necessary to protect human, animal or plant life or health; (g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;

Rules promoting fair trade - Anti dumping agreement - Subsidy and countervailing measures

Intellectual Property law in Australia

Patent � Provisional Application � Standard Patent � Innovation Patent � International Protection

Provisional Application � Establish the priority date � Does not give patent protection � the applicant must apply for a patent within 12 months of filing your provisional application. � Benefits: Competitive advantage, time to consider worthiness, inexpensive

Standard Patent � Term of Protection: 20 years from filing date (25 years for pharmaceutical substances) � Criteria: ◦ New ◦ Inventive Step ◦ Able to be made, used in an industry � Processing time: 6 mths- years

Innovation Patent � Term of Protection: 8 years � Criteria ◦ New ◦ Innovative step (Invention is different from what is known before and the difference makes substantial contribution to the working of the invention) � Processing time: a month (no examination) ◦ Enforceable only if it has been examined and found to meet the requirements of the Patent Act

International Protection � To obtain patent protection in other countries ◦ File separate patent application in each country ◦ File a single international application under PCT --to get your application automatic effect within 152 countries � PCT is simply a method of facilitating the filing of patent in a number of countries

Types of Trademark in Australia � Standard commercial trade marks. � Certification trade marks � Collective trade marks � Defensive trade marks

Australia’s favourite top 10 trade marks � 2014 - Australia votes on their favourite trade marks (not exactly sure how many people voted) 36

Criteria for registering a trade mark • • s 41 – Trade mark does not distinguish the applicant’s goods or services s 42 – Trade mark scandalous or its use is contrary to law s 43 – Trade mark likely to deceive or cause confusion s 44 – Identical or deceptively similar trade marks 37

Defensive Mark � registered for well-known trade marks in classes of goods or services in which the owner does not actually intend to use the mark. � The purpose of defensive trade mark registration is to: ◦ protection against the misuse of the trade mark in a manner which might diminish the value or reputation in that trade mark; and ◦ To protect consumers from confusion and deception which might result from a third party appropriating a trade mark which has been extensively used in Australia. � No Removal based on non-use

Nestle’ v Cadbury

Use of a sign as a trade mark � Chocolaterie Guylian N. V. v Registrar of Trade Marks [2009] FCA 891 Justice Sundberg found that the seahorse shape was one that other chocolate manufacturers might want to use as part of a marine themed range of chocolates. While the survey results showed a large degree of public recognition of the shape, the results failed to prove that consumers actually treat the shape as a trade mark in the sense that they would rely upon the shape alone to identify the origin of the goods. 40

Copyright Criteria for copyright protection � The work must be reduced to material form � The work must be made by a qualified person � The work must be original and the result of the author's skill and effort