E-Brochure (FAQ)

Table Of Content : 1. What is the WTO?

2. What is the link between GATT and WTO?

3. What are the basic Principles of the WTO?

4. Could a WTO Member give any preferential treatment to any other

Member?

5. What are the areas covered by WTO?

6. How does a country become a member of the WTO?

7. What are the different stages of the WTO accession?

8. Is there a time frame for Lebanon to conclude negotiations?

9. What are the new legislation that Lebanon is working to introduce before

accession?

10. Does Trade liberalization under the WTO Regime mean abolishing tariffs,

in the sense that products could enter the Lebanese market in increased

quantities?

11. What are the tools or the trade remedies that can be used for the

protection of National Production if an injury occurs to the domestic

industry after joining the WTO?

12. Does Lebanon have to eliminate its Export Plus program for exported

agriculture produce?

13. What is GATS and what are its components?

14. What are the sectors that GATS covers?

15. Does liberalization mean deregulation?

16. How is trade in services defined according to GATS? What are the”

modes “of supply?

17. Do we have to liberalize all services sectors and how is it done?

18. What is a country schedule of commitments in services?

19. What are governmental services according to GATS and are they

included in the agreement?

20. What's TRIPS?

21. What are “intellectual property rights”?

22. What are the areas covered by TRIPS?

23. Does the TRIPS Agreement apply to all WTO Members?

24. What are the basic principles of TRIPS?

25. Is Lebanon entitled to make use of the general transition periods?

26. Were intellectual property rights covered under the old GATT (GATT

1947) before the TRIPS Agreement came into being?

27. What is the relationship between the TRIPS Agreement and the pre-

existing international conventions that it refers to?

28. Does WTO require member countries to adhere to the pre-existing

international conventions that TRIPS refers to?

29. Does Lebanon intend to adhere to any of the pre-existing international

conventions that TRIPS refers to?

30. What is WIPO?

31. What is the relationship between the WTO and WIPO?

32. Does the TRIPS Agreement require all Members’ rules on protection of

intellectual property to be identical?

33. Does Lebanon’s intellectual property regime comply with the minimum

standards of protection set forth by the TRIPS Agreement?

34. Where can we get information on WTO Member Countries and other

countries in the process of accession?

35. Are there any specific WTO agreements dealing with food safety and

animal and plant health and safety, and with product standards?

36. What are the Technical Barriers to Trade?

37. Can a country impose TBT measures on trade in order to ensure the

quality of the products that enter its markets

38. What is the difference between technical regulation and standard?

39. What are the SPS Measures?

40. Can a country take necessary measures to act on trade in order to

protect human, animal or plant life or health

41. What is the difference between the TBT and SPS measures?

42. How does a member country know other countries’ TBT and SPS

measures?

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E-Brochure (FAQ)

1. What is the WTO?

http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm

2. What is the link between GATT and WTO?

The WTO began life on 1 January 1995, but its trading system is half a century older. Since 1948, the General Agreement on Tariffs and Trade

(GATT) had provided the rules for the system. Over the years GATT evolved through several rounds of negotiations.

The last and largest GATT round, was the Uruguay Round which lasted

from 1986 to 1994 and led to the WTO’s creation. Whereas GATT had

mainly dealt with trade in goods, the WTO and its agreements now cover- besides trade in Goods: trade in Services, and in traded

inventions, creations and designs (intellectual property).

http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr01_e.htm

3. What are the basic Principles of the WTO?

A number of simple, fundamental principles run throughout all of the

legal texts of the WTO agreements. These principles are the foundation of the multilateral trading system:

A. Trade without discrimination:

i. Most-favoured-nation (MFN): treating others equally: Under the WTO agreements, countries cannot normally discriminate between

their trading partners. Grant a country a special favour (such as a lower customs duty rate for one of their products) and you have to do

the same for all other WTO members.

ii. National treatment: Treating foreigners and locals

equally Imported and locally-produced goods should be treated equally — at least after the foreign goods have entered the market.

The same should apply to foreign and domestic services, and to foreign and local trademarks, copyrights and patents. This principle of

―national treatment‖ (giving others the same treatment as one’s own nationals) is also found in all the three main WTO agreements (Article

3 of GATT, Article 17 GATS and Article 3 of TRIPS), although the principle is handled slightly differently in each of these.

B. Freer trade: gradually, through negotiation

Lowering trade barriers is one of the most obvious means of

encouraging trade. The barriers concerned include customs duties (or tariffs) and measures such as import bans or quotas that restrict

quantities selectively. From time to time other issues such as red tape and exchange rate policies have also been discussed.

C. Predictability: through binding and transparency

In the WTO, when countries agree to open their markets for goods or services, they ―bind‖ their commitments. For goods, these bindings

amount to ceilings on customs tariff rates. For Services, bindings are done on Service sectors chosen by each country and the degree of

liberalization is controlled through the choice of mode of supply. The system also tries to improve predictability and stability in other

ways as well. One way is to make countries’ trade rules as clear and public (―transparent‖) as possible. Many WTO agreements require

governments to disclose their policies and practices publicly within the

country (publishing all trade related legislation in the official gazette) or by notifying the WTO

http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact2_e.htm

4. Could a WTO Member give any preferential treatment to any

other Member?

Yes, this preferential treatment is possible and falls under certain

exceptions to some of the WTO principles, among which:

a.Customs Unions and Free Trade Areas: in the WTO context,

regional trade agreements allow governments to liberalize or facilitate trade sometimes through free-trade areas or customs unions.

WTO Members are permitted to enter into such arrangements under specific conditions which are spelled out in a set of rules (GATT and

GATS article XXIV).

b. Preferential Schemes: Generalized System of Preferences

(GSP): non-reciprocal preferential agreements involve preferences that are given by developed countries to developing countries and

Least Developed Countries (LDC), in order to help them expand their exports, and thus increase their foreign exchange earnings.

5. What are the areas covered by WTO?

The WTO Agreements cover goods, services and intellectual property.

They spell out the principles of liberalization, and the permitted

exceptions. They include individual countries’ commitments to lower customs

tariffs and other trade barriers, and to open and keep open services markets.

They set procedures for settling disputes.

They prescribe special treatment for developing countries.

They require governments to make their trade policies transparent

by notifying the WTO about laws in force and measures adopted,

and through regular reports by the secretariat on countries’ trade policies.

The WTO agreements also include extra agreements and annexes dealing with the special requirements of specific sectors or issues such

as the agreements on Agriculture, Safeguards and SPS for Goods and

the annexes on telecommunication and air transport for services.

In a nutshell

The basic structure of the WTO agreements: how the six main areas fit

together — the umbrella WTO Agreement, goods, services, intellectual

property, disputes and trade policy reviews.

Umbrella AGREEMENT ESTABLISHING WTO

Goods Services Intellectual property

Basic principles GATT GATS TRIPS

Additional details Other goods

agreements

and annexes

Services annexes

Market access

commitments

Countries’

schedules of

commitments

Countries’

schedules of

commitments(and

MFN

exemptions)

Dispute settlement DISPUTE SETTLEMENT

Transparency TRADE POLICY REVIEWS

For goods (under GATT)

· Agriculture

· Health regulations for farm products (SPS)

· Textiles and clothing

· Product standards (TBT)

· Investment measures

For services (the GATS annexes)

· Movement of natural persons

· Air transport

· Financial services

· Shipping

· Telecommunications

· Anti-dumping measures

· Customs valuation methods

· Preshipment inspection

· Rules of origin

· Import licensing

· Subsidies and counter-measures

· Safeguards

http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr03_e.ht

m

6.How does a country become a member of the WTO?

a. Any state or customs territory having full autonomy in the

conduct of its trade policies may join (―accede to‖) the WTO after WTO members agree on the terms.

b. The process of accession to the WTO begins when an applicant country submits a communication to the Director-General of the

WTO expressing its desire to accede to the WTO under Article XII. The General Council then considers the application and

establishes a working party. The working party is chaired by a Chairperson selected after consultations with WTO Members and

the applicant. c. The working party is charged of examining the application of the

Government requesting the accession to the WTO, under

Article XII, and submitting to the General Council/Ministerial Conference, recommendations which may include a draft

Protocol of Accession.

7.What are the different stages of the WTO accession?

Broadly speaking, the accession goes through 4 stages: also see accession chart

i. Submission of a Memorandum on Foreign Trade Regime (MFTR): describing all aspects of trade and economic policies that

have a bearing on WTO agreements.

ii. Questions and Answers phase (Q&A) and Working Party Meetings: Following the circulation of the Memorandum, members of

the working party ask questions in relation to it to obtain more information about the applicant's foreign trade régime. Replies are

discussed in working Party Meetings. iii. Bilateral Negotiations: When the working party has made

sufficient progress on principles and policies, parallel bilateral talks begin between the prospective new member and individual countries

on market access issues with respects to goods and services.

iv. Report, Protocol of Accession and Entry into Force: the

working party finalizes the terms of accession once it has completed its examination of the applicant’s trade regime, and the parallel bilateral

market access negotiations are achieved. These appear in a report, a draft membership treaty (―protocol of accession‖) and lists

(―schedules‖) of the member-to-be’s commitments. When the Draft Report, Draft Protocol and Schedules on Goods and

Services are finalized, the working party will submit the package to the WTO General Council/Ministerial Conference for approval. Following

the decision of the General Council/Ministerial Conference to adopt the package, the Protocol of Accession enters into force. Thirty days after

acceptance by the applicant, it becomes a WTO Member.

8.Is there a time frame for Lebanon to conclude negotiations?

There is no time frame for concluding negotiations to accede to the WTO. At this point in time, concluding negotiations and acceding to the

WTO depend on several factors that interact together in determining the conclusion date for negotiations:

i. Domestic Factors: A country’s readiness with respect to

legislation, documentation and offers.

ii. Bilateral Negotiations: Readiness of WTO Members to engage in bilateral talks (submitting requests on goods and services offers).

iii. WTO Secretariat: Fitting working party meetings in the busy WTO Schedule.

iv. Multilateral Negotiations: the preoccupation of WTO member

countries with concluding the on-going multilateral negotiations (the Doha Development Agenda).

9.What are the new legislation that Lebanon is working to

introduce before accession?

Lebanon’s legislative reforms include modernizing existing laws, minimizing restrictions and simplifying procedures. It is to be noted

that any trade related legislation introduced by a WTO Member country

or country in the process of accession must be in conformity with the relevant WTO Agreement(s).

Lebanon is currently working on six laws which are all in the

pipelines awaiting approval and enactment

Draft law on International Trade and Licensing: This draft law

aims to regulate the application of Non-Tariff Measures in Lebanon (import/export prohibitions and licenses) in accordance with WTO

agreements and principles.

Draft Law on Food: This draft law sets the general rules for producing and importing food products. It is applied to all the stages of

production (manufacturing, marketing, packing ...etc) and calls for the establishment of a Lebanese Food Safety Authority in charge of

food safety control and inspection in Lebanon.

Draft Law on Standard, Technical Regulations and Conformity Assessment Procedures: This draft law regulates the issuance of

standards and technical regulations so that they become in conformity with the WTO Agreement on Technical Barriers to Trade. It amends the

previous law establishing the Lebanese standardizing body (Libnor). Draft Law on Plant Quarantine: This draft law sets the procedures

and conditions for the import and export of plant and plant products, taking into account the way of dealing with related diseases.

Draft Law on Animal Quarantine: This draft law sets the procedures and conditions for the import and export of animal and animal

products, taking into account the way of dealing with related diseases and prohibitions.

Law on Anti-dumping, countervailing and safeguard measures:

This Draft Law aims to protect the National Production from the unfair

trade practices that may cause or threaten to cause material injury to the domestic industry whenever a product enters Lebanon in dumped

or subsidized prices or in huge quantities. It sets the rules and conditions for initiating and conducting

investigations and imposing Anti-dumping, countervailing and safeguard measures.

Additional laws currently in the pipelines at the Ministry of

Economy and Trade

Title Objectives

Law on competition - This draft law ensures competition and market access by preventing anti-competitive practices and abuses of dominance, thereby maximizing consumer welfare and

promoting economic efficiency and innovation.

Law on Metrology - This draft law regulates the measurements (calibration) preformed in Lebanon so that they become in conformity with international standards.

Law on Industrial Property

(Trademarks, Geographical Indications, Industrial Designs, and

- This draft law consolidates all industrial property legislation in one specific law, and modernizes the existing

system of protection.

Unfair Competition)

10.Does Trade liberalization under the WTO Regime mean

abolishing tariffs, in the sense that products could enter the

Lebanese market in increased quantities?

A WTO Member Country has to bind its tariffs at either the applied

rates or other rates negotiated bilaterally with other Member Countries. Liberalization does not mean abolishing tariffs. This will not

result in increased volumes of import that will cause injury since tariffs will be maintained at the applied rates.

11.What are the tools or the trade remedies that can be used

for the protection of National Production if an injury occurs to

the domestic industry after joining the WTO?

The three Trade Remedies that can be used upon injury to Domestic

Industry are: Anti-Dumping , Countervailing Measures, and Safeguard Measures.

a. Anti-dumping (against dumped imported products)

Dumping, in general, is a situation of international price discrimination, where the price of a product when sold in the

importing country is less than the price of that product in the market of the exporting country.

In other words, Dumping is the sale of a product for export at a price below its "normal value".

This definition entails a comparison between two prices, the "export price" and the "normal value" in order to determine if a

product is dumped. Normal value is usually the domestic price of the product in the exporting country.

Dumping is not the sale of a product for export at a price below that charged by domestic producers in the importing country,

nor the flood of large quantity of a certain product in the domestic market.

b. Countervailing Measures (against subsidized imported

products)

A Countervailing Measure is the measure imposed whenever a

subsidized product causes material injury or threat thereof, or material retardation of the establishment of domestic industry.

c. Safeguard Measures (against increased importation of a product in such a way as to cause or threaten to cause serious

injury to the local industry)

A Safeguard measure is an "emergency" action with respect to

increased imports of particular product, where such imports have

caused or threaten to cause serious injury to the Lebanese domestic

industry. Such measures can consist of quantitative import restrictions (quotas

or tariff quotas) or of duty increases to higher than bound rates (tariff measures). More info on trade remedies >>

http://www.wto.org/english/tratop_e/tratop_e.htm

12. Does Lebanon have to eliminate its Export Plus program for

exported agriculture products?

The WTO Agreement on Agriculture provides exceptions for developing

countries allowing them to maintain export subsidies - not subject to reduction commitments - during the implementation period in respect

of certain marketing and transportation subsidies. Lebanon’s export subsidies, part of the Export Plus Program, fall under this exception.

More information on Agriculture >>

http://www.wto.org/english/tratop_e/agric_e/agric_e.htm

13.What is GATS and what are its components?

The General Agreement on Trade in Services is the first and only set of multilateral rules governing international trade in services.

Negotiated in the Uruguay Round, it was developed in response to the huge growth of the services economy over the past 30 years and the

greater potential for trading services brought about by the communications revolution.

The GATS has three elements: the main text containing general obligations and disciplines; annexes dealing with rules for specific

sectors; and individual countries’ specific commitments to provide access to their markets, including indications of where countries are

temporarily not applying the ―most-favored-nation‖ principle of non-discrimination.

14-What are the sectors that GATS covers?

The agreement covers all internationally-traded services .It includes

11 main sectors for example, banking, telecommunications, tourism, professional services, etc.

15-Does liberalization mean deregulation?

GATS does not require any service to be deregulated. Commitments to liberalize do not affect governments’ right to set levels of quality,

safety, or price, or to introduce regulations to pursue any other policy objective they see fit. A commitment to national treatment, for

example, would only mean that the same regulations would apply to foreign suppliers as to nationals. Governments naturally retain their

right to set qualification requirements for doctors or lawyers, and to set standards to ensure consumer health and safety. The

Government may also choose to set its level of liberalization through its choice of Modes of supply of the service.

16-How is trade in services defined according to GATS? What

are the” modes “of supply?

GATS defines four ways (or ―modes‖) of trading services:

services supplied from one country to another (e.g. international

telephone calls), officially known as ―cross-border supply‖ (in WTO jargon, ―mode 1‖)

consumers or firms making use of a service in another country (e.g. tourism), officially ―consumption abroad‖ (―mode 2‖)

a foreign company setting up subsidiaries or branches to provide

services in another country (e.g. foreign banks setting up operations in a country), officially ―commercial presence‖ (―mode 3‖)

individuals traveling from their own country to supply services in another (e.g. fashion models or consultants), officially ―presence of

natural persons‖ (―mode 4‖)

17-Do we have to liberalize all services sectors and how is it

done?

No, a government has the right to choose the Sectors to be liberalized

and the level of liberalization which appear in its schedule of commitments.

18- What is a country schedule of commitments in services?

The commitments appear in ―schedules‖ that list the sectors being

opened, the extent of market access being given in those sectors (e.g.

whether there are any restrictions on foreign ownership), and any limitations on national treatment (whether some rights granted to local

companies will not be granted to foreign companies). So, for example, if a government commits itself to allow foreign banks to operate in its

domestic market, that is a market-access commitment. And if the government limits the number of licenses it will issue, then that is a

market-access limitation. If it also says foreign banks are only allowed one branch while domestic banks are allowed numerous branches, that

is an exception to the national treatment principle.

19-What are governmental services according to GATS and are

they included in the agreement?

Governmental services are defined in the agreement as those that are

not supplied commercially and do not compete with other suppliers. These services are not subject to any GATS disciplines, they are not

covered by the negotiations, and commitments on market access and

national treatment (treating foreign and domestic companies equally) do not apply to them.

20. What’s TRIPS?

TRIPS is the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.

The Agreement negotiated in the 1986-94 Uruguay Round, introduced

intellectual property rules into the multilateral trading system for the

first time.

The TRIPS Agreement is often described as one of the three ―pillars‖ of the WTO, the other two being trade in goods (the traditional domain of

the GATT) and trade in services.

The TRIPS Agreement is part of the ―single undertaking‖ resulting from

the Uruguay Round negotiations. That implies that the TRIPS Agreement applies to all WTO members. It also means that the

provisions of the agreement are subject to the integrated WTO dispute

settlement mechanism which is contained in the Dispute Settlement

Understanding (the ―Understanding on Rules and Procedures Governing the Settlement of Disputes‖).

The agreement covers five broad issues:

how basic principles of the trading system and other international intellectual property agreements should be applied

how to give adequate protection to intellectual property rights

how countries should enforce those rights adequately in their

own territories

how to settle disputes on intellectual property between members of the WTO

special transitional arrangements during the period when the new system is being introduced.

21. What are “intellectual property rights”?

Intellectual property rights can be defined as the rights given to people

over the creations of their minds. They usually give the creator an

exclusive right over the use of his/her creations for a certain period of time.

Intellectual property rights are traditionally divided into two main

categories:

Copyright and related rights: i.e. rights granted to authors of

literary and artistic works, and the rights of performers, producers of phonograms, broadcasting organizations and

publishers. Industrial property: This includes the protection of distinctive

signs such as trademarks and geographical indications, as well as inventions (protected by patents), industrial designs

and trade secrets. For the purposes of the TRIPS Agreement, ―intellectual property‖

refers to copyright and related rights, trademarks, geographical

indications, industrial designs, patents, integrated circuit layout-designs and protection of undisclosed information.

22. What are the areas covered by TRIPS?

Copyright: The TRIPS agreement ensures that computer programs will be protected as literary works under the Berne Convention and

outlines how databases should be protected. It also expands

international copyright rules to cover rental rights. Authors of computer programs and producers of sound recordings must have the

right to prohibit the commercial rental of their works to the public. A similar exclusive right applies to films where commercial rental has led

to widespread copying, affecting copyright-owners’ potential earnings from their films. The agreement says performers must also have the

right to prevent unauthorized recording, reproduction and broadcast of live performances (bootlegging) for no less than 50 years. Producers of

sound recordings must have the right to prevent the unauthorized reproduction of recordings for a period of 50 years.

Trademarks: The agreement defines what types of signs must be eligible for protection as trademarks, and what the minimum rights

conferred on their owners must be. It says that service marks must be protected in the same way as trademarks used for goods. Marks that

have become well-known in a particular country enjoy additional protection.

Geographical indications: A place name is sometimes used to identify a product. This ―geographical indication‖ does not only say

where the product was made. More importantly, it identifies the product’s special characteristics, which are the result of the product’s

origins. Well-known examples include ―Champagne‖, ―Scotch‖, ―Tequila‖, and ―Roquefort‖ cheese. Wine and spirits makers are

particularly concerned about the use of place-names to identify

products, and the TRIPS Agreement contains special provisions for these products. But the issue is also important for other types of

goods. Using the place name when the product was made elsewhere or when it does not have the usual characteristics can mislead

consumers, and it can lead to unfair competition. The TRIPS Agreement says countries have to prevent this misuse of place names.

For wines and spirits, the agreement provides higher levels of protection, i.e. even where there is no danger of the public being

misled. Some exceptions are allowed, for example if the name is already protected as a trademark or if it has become a generic term.

For example, ―cheddar‖ now refers to a particular type of cheese not necessarily made in Cheddar, in the UK. But any country wanting to

make an exception for these reasons must be willing to negotiate with the country which wants to protect the geographical indication in

question. The agreement provides for further negotiations in the WTO

to establish a multilateral system of notification and registration of geographical indications for wines. These are now part of the Doha

Development Agenda and they include spirits. Also debated in the

WTO is whether to negotiate extending this higher level of protection

beyond wines and spirits.

Industrial designs: Under the TRIPS Agreement, industrial designs must be protected for at least 10 years. Owners of protected designs

must be able to prevent the manufacture, sale or importation of articles bearing or embodying a design which is a copy of the

protected design.

Patents: The agreement says patent protection must be available for

inventions for at least 20 years. Patent protection must be available for both products and processes, in almost all fields of technology.

Governments can refuse to issue a patent for an invention if its commercial exploitation is prohibited for reasons of public order or

morality. They can also exclude diagnostic, therapeutic and surgical methods, plants and animals (other than microorganisms), and

biological processes for the production of plants or animals (other than

microbiological processes). Plant varieties, however, must be protectable by patents or by a special system (such as the breeder’s

rights provided in the conventions of UPOV — the International Union for the Protection of New Varieties of Plants). The agreement describes

the minimum rights that a patent owner must enjoy. But it also allows certain exceptions. A patent owner could abuse his rights, for example

by failing to supply the product on the market. To deal with that possibility, the agreement says governments can issue ―compulsory

licences‖, allowing a competitor to produce the product or use the process under licence. But this can only be done under certain

conditions aimed at safeguarding the legitimate interests of the patent-holder. If a patent is issued for a production process, then the

rights must extend to the product directly obtained from the process. Under certain conditions alleged infringers may be ordered by a court

to prove that they have not used the patented process.

An issue that has arisen recently is how to ensure patent

protection for pharmaceutical products does not prevent people in poor countries from having access to medicines — while at the

same time maintaining the patent system’s role in providing incentives for research and development into new medicines. Flexibilities such as

compulsory licensing are written into the TRIPS Agreement, but some governments were unsure of how these would be interpreted, and how

far their right to use them would be respected. A large part of this was

settled when WTO ministers issued a special declaration at the Doha Ministerial Conference in November 2001. They agreed that the TRIPS

Agreement does not and should not prevent members from taking measures to protect public health. They underscored countries’ ability

to use the flexibilities that are built into the TRIPS Agreement. And

they agreed to extend exemptions on pharmaceutical patent protection for least-developed countries until 2016. On one remaining question,

they assigned further work to the TRIPS Council — to sort out how to provide extra flexibility, so that countries unable to produce

pharmaceuticals domestically can import patented drugs made under compulsory licensing. A waiver providing this flexibility was agreed on

30 August 2003.

Integrated circuits layout designs: The basis for protecting

integrated circuit designs (―topographies‖) in the TRIPS agreement is the Washington Treaty on Intellectual Property in Respect of

Integrated Circuits, which comes under the World Intellectual Property Organization. This was adopted in 1989 but has not yet entered into

force. The TRIPS agreement adds a number of provisions: for example, protection must be available for at least 10 years.

Undisclosed information and trade secrets: Trade secrets and other types of ―undisclosed information‖ which have commercial value

must be protected against breach of confidence and other acts contrary to honest commercial practices. But reasonable steps must

have been taken to keep the information secret. Test data submitted to governments in order to obtain marketing approval for new

pharmaceutical or agricultural chemicals must also be protected against unfair commercial use.

Curbing anti-competitive licensing contracts: The owner of a copyright, patent or other form of intellectual property right can issue

a license for someone else to produce or copy the protected trademark, work, invention, design, etc. The agreement recognizes

that the terms of a licensing contract could restrict competition or impede technology transfer. It says that under certain conditions,

governments have the right to take action to prevent anti-competitive licensing that abuses intellectual property rights. It also says

governments must be prepared to consult each other on controlling anti-competitive licensing.

Enforcement tough but fair: Having intellectual property laws is not enough. They have to be enforced. The agreement says governments

have to ensure that intellectual property rights can be enforced under their laws, and that the penalties for infringement are tough enough to

deter further violations. The procedures must be fair and equitable, and not unnecessarily complicated or costly. They should not entail

unreasonable time-limits or unwarranted delays. People involved should be able to ask a court to review an administrative decision or to

appeal a lower court’s ruling. The agreement describes in some detail

how enforcement should be handled, including rules for obtaining evidence, provisional measures, injunctions, damages and other

penalties. It says courts should have the right, under certain conditions, to order the disposal or destruction of pirated or counterfeit

goods. Wilful trademark counterfeiting or copyright piracy on a commercial scale should be criminal offences. Governments should

make sure that intellectual property rights owners can receive the assistance of customs authorities to prevent imports of counterfeit and

pirated goods.

Technology transfer: Developing countries in particular, see

technology transfer as part of the bargain in which they have agreed to protect intellectual property rights. The TRIPS Agreement includes a

number of provisions on this. For example, it requires developed countries’ governments to provide incentives for their companies to

transfer technology to least-developed countries.

Transition arrangements: 1, 5 or 11 years or more:When the WTO

agreements took effect on 1 January 1995, developed countries were given one year to ensure that their laws and practices conform with

the TRIPS agreement. Developing countries and (under certain conditions) transition economies were given five years, until 2000.

Least-developed countries have 11 years, until 2006 — now extended to 2016 for pharmaceutical patents.

If a developing country did not provide product patent protection in a particular area of technology when the TRIPS Agreement came into

force (1 January 1995), it has up to 10 years to introduce the protection. But for pharmaceutical and agricultural chemical products,

the country must accept the filing of patent applications from the beginning of the transitional period, though the patent need not be

granted until the end of this period. If the government allows the relevant pharmaceutical or agricultural chemical to be marketed during

the transition period, it must — subject to certain conditions — provide an exclusive marketing right for the product for five years, or until a

product patent is granted, whichever is shorter.

Subject to certain exceptions, the general rule is that obligations in the

agreement apply to intellectual property rights that existed at the end of a country’s transition period as well as to new ones.

23. Does the TRIPS Agreement apply to all WTO Members?

All the WTO agreements apply to all WTO members. Each member

accepts all the agreements as a single package with a single signature — making it, a ―single undertaking‖. The TRIPS Agreement is part of

that package; therefore, it applies to all WTO members.

24. What are the basic principles of TRIPS?

As in GATT and GATS, the starting point of the intellectual property

agreement is basic principles. And as in the two other agreements,

non-discrimination features prominently: national treatment (treating one’s own nationals and foreigners equally), and most-

favoured-nation treatment (equal treatment for nationals of all trading partners in the WTO). National treatment is also a key principle

in other intellectual property agreements outside the WTO.

The TRIPS Agreement has an additional important principle: intellectual property protection should contribute to technical

innovation and the transfer of technology. Both producers and users

should benefit, and economic and social welfare should be enhanced, the agreement says.

25. Is Lebanon entitled to make use of the general transition

periods?

The general transitional periods apply to the original members of the

WTO, i.e. governments that were members on 1 January 1995. Since

the WTO came into being, a number of countries have joined it. These countries have generally agreed in their membership agreements

(their ―accession protocols‖) to apply the TRIPS Agreement from the date when they officially became WTO members, without the benefit of

any transition period.

26. Were intellectual property rights covered under the old

GATT (GATT 1947) before the TRIPS Agreement came into

being?

Before the 1986–94 Uruguay Round negotiations, there was no specific

agreement on intellectual property rights in the framework of the GATT multilateral trading system.

However, some principles contained in the GATT had a bearing on

intellectual property measures taken on imports or exports. (Article XX(d) of GATT).

27. What is the relationship between the TRIPS Agreement and

the pre-existing international conventions that it refers to?

The TRIPS Agreement says WTO member countries must comply with

the substantive obligations of the main conventions of the World Intellectual Property Organization (WIPO) — the Paris Convention on

industrial property, and the Berne Convention on copyright (in their most recent versions).

With the exception of the provisions of the Berne Convention on moral rights, all the substantive provisions of these conventions are

incorporated by reference. They therefore become obligations for WTO member countries under the TRIPS Agreement — they have to apply

these main provisions, and apply them to the individuals and companies of all other WTO members.

The TRIPS Agreement also introduces additional obligations in areas which were not addressed in these conventions, or were thought not to

be sufficiently addressed in them.

The TRIPS Agreement is therefore sometimes described as a ―Berne and Paris-plus‖ Agreement.

The text of the TRIPS Agreement also makes use of the provisions of some other international agreements on intellectual property rights:

WTO members are required to protect integrated circuit layout designs in accordance with the provisions of the Treaty on

Intellectual Property in Respect of Integrated Circuits (IPIC Treaty) together with certain additional obligations.

The TRIPS Agreement refers to a number of provisions of the International Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting Organizations (Rome Convention), without entailing a general requirement

to comply with the substantive provisions of that Convention. Article 2 of the TRIPS Agreement specifies that nothing in Parts I to IV

of the agreement shall derogate from existing obligations that members may have to each other under the Paris Convention, the

Berne Convention, the Rome Convention and the Treaty on Intellectual

Property in respect of integrated circuits (did not yet enter into force).

28. Does WTO require member countries to adhere to the pre-

existing international conventions that TRIPS refers to?

No, there is no obligation for WTO member countries to adhere to the pre-existing international conventions that TRIPS refers to. However,

member countries should apply the provisions of these Agreements as WTO/TRIPS obligations.

29. Does Lebanon intend to adhere to any of the pre-existing

international conventions that TRIPS refers to?

Lebanon is already a Member of the following conventions: Paris Convention for the Protection of Industrial Property

(London Act in 1947);

The Berne Convention for the Protection of Literary and Artistic Works (Rome Act in 1947);

The International Convention for the Protection of Performers, Producers of Phonograms and

Broadcasting Organizations (Rome Convention, 1997). However, Lebanon has committed itself under the EU Association

Agreement and the EFTA agreement to ratify, by March 1st, 2008, the last versions of the following:

The Paris Convention for the protection of industrial property (Stockholm Act)

The Berne Convention for the Protection of Literary and Artistic Works (Paris Act).

30. What is WIPO?

The World Intellectual Property Organization (WIPO) was

established by a convention of 14 July 1967, which entered into force in 1970. It has been a specialized agency of the United

Nations since 1974, and administers a number of international unions or treaties in the area of intellectual property, such as the

Paris and Berne Conventions. WIPO’s objectives are to promote intellectual property protection

throughout the world through cooperation among states and, where appropriate, in collaboration with any other international

organization.

WIPO also aims to ensure administrative cooperation

among the intellectual property unions created by the Paris and Berne Conventions and sub-treaties concluded by the

members of the Paris Union. Website: http://www.wipo.int/

31. What is the relationship between the WTO and WIPO?

An agreement on cooperation between WIPO and the WTO came into

force on 1 January 1996. The agreement provides cooperation in three main areas:

notification of, access to and translation of national laws and regulations

implementation of procedures for the protection of national emblems

and technical cooperation.

32. Does the TRIPS Agreement require all Members’ rules on

protection of intellectual property to be identical?

No, the TRIPS Agreement covers certain minimum standards for the protection of intellectual property rights and requires members to

comply with them.

But Members may choose to implement laws which give more

extensive protection than is required in the agreement, as long as the additional protection does not contravene the provisions of the

agreement. This is why the TRIPS Agreement is sometimes described as a ―minimum standards‖ agreement.

In addition, the agreement gives members the freedom to determine

the appropriate method of implementing the provisions of the agreement within their own legal system and practice.

33. Does Lebanon’s intellectual property regime comply with

the minimum standards of protection set forth by the TRIPS

Agreement?

According to an assessment conducted by the World Intellectual

Property Organization (WIPO) on July 2002, the Lebanese legislation on Intellectual Property complies with the requirements of the TRIPS

Agreement. However, certain elements will need to be added or further modified in order for Lebanon to benefit from exceptions and

other limitations that are allowed under international conventions referred to by the TRIPS Agreement.

The protection of intellectual property is ensured in Lebanon via the

following specific legislation:

1. Resolution No.2385/1924 issued on January 17, 1924, amended by the law of 31/1/1946, concerning the “Regulations and

Systems of Commercial, Industrial, Literary, Artistic and Musical Property in Lebanon”.

2. Law No. 75/99 issued on April 3, 1999 concerning the

“Protection of Literary and Artistic Property” (the Copyright

Law); and Decision No. 16/2002 concerning the implementation of Article 25 of the Copyright Law.

3. Law No. 240 issued on August 7, 2000, concerning ―Patents‖, including Protection for Plant Variety, Layout Designs of

Integrated Circuits, and Undisclosed Information (the Patent Law).

For more information about TRIPS please check the following website: http://www.wto.org/english/tratop_e/trips_e/trips_e.htm

34. Where can we get information on WTO Member Countries

and other countries in the process of accession?

http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm

35.Are there any specific WTO agreements dealing with food

safety ,animal and plant health , and with product standards?

There are two specific WTO agreements dealing with food safety and animal and plant health, and with product standards.

Technical Barriers to Trade (TBT) Agreement. Sanitary and Phytosanitary (SPS) Agreement.

36.What are the Technical Barriers to Trade?

Technical barriers to trade generally result from the preparation,

adoption and application of different standards, technical regulations

and conformity assessment procedures. If a producer in country A

wants to export to country B, he will be obliged to satisfy the technical requirements and specifications that apply in country B, with all the

financial consequences this entails. Differences between one country and another in their technical regulations and conformity assessment

procedures may have legitimate origins such as differences in local tastes or levels of income, as well as geographical or other factors.

37.Can a country impose TBT measures on trade in order to

ensure the quality of the products that enter its markets

Members of the WTO are not prevented from taking measures necessary to ensure the quality of its exports, or for the protection of

human, animal, and plant life or health, of the environment, or for the prevention of deceptive practices, at the levels it considers

appropriate". But on the same time, they have to ensure that they are not applied for protection or discrimination purposes.

Members have to notify these measures to the WTO through their enquiry point.

38.What is the difference between technical regulation and

standard?

A standard is a voluntary specification or measures applied on foreign trade. That means that is not mandatory to apply it, it has an optional

aspect.

However a technical regulation is a mandatory measure or specification and if the exporter or the importer doesn’t abide by it, he

will not be able to access markets.

39.What are the SPS Measures?

SPS measures are applied to protect:

Human or animal life or heal from risks arising from additives, contaminants , toxins or disease causing organisms in their food, beverages, feedstuffs.

Human life or health from plant or animal carried diseases.

Animal or plant life or Health from pest disease, or disease causing organisms.

The country from caused by the entry, establishment or spread of pests.

40.Can a country take necessary measures to act on trade in

order to protect human, animal or plant life or health

Members have the right to take sanitary and phytosanitary measures

necessary

for the protection of human, animal and plant life or health, but they

have to ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal and plant life or

health and not as disguised protection. In addition they have to based on risk assessment and scientific justifications or based on

international standards. 41.What is the difference between the TBT and SPS measures?

TBT Measures SPS Measures

- human disease control (unless it’s food safety)

- nutritional claims

- food packaging

- quality examples:

pharmaceuticals

labelling (unless related to food safety)

pesticide handling or quality

seat belts

- protect human or animal health from food-

borne risks

- protect human health from animal- or

plant-carried diseases

- protect animals and plants from pests or

diseases examples:

microbiological contamination of food

pesticide or veterinary drug residues

food additives

42.How does a member country know other countries’ TBT and

SPS measures?

The WTO Agreements on TBT and SPS require Members to notify these measures to the WTO through their enquiry point for transparency

purposes. In addition they are obliged to answer and provide information on any request or questions from member country

concerning these measures.