Cross-Retaliation in TRIPS: Options for Developing Countries

The possibility for developing WTO Members to suspend concessions in the field of trade-related intellectual property rights (TRIPS) to redress an injury suffered with respect to trade in goods or services is a trade issue receiving increasing attention. Cross-retaliation is expressly contemplated by the WTO Dispute Settlement Understanding (DSU). WTO arbitrators have so far approved TRIPS cross-retaliation on two occasions: in favour of Ecuador against the European Communities (EC) and Antigua against the United States (US).Cross Retaliation in TRIPS: Options for Developing Countries examines many legal questions raised by cross-retaliation in TRIPS and seeks to provide some answers to them. It analyses the cross-cutting issues raised by external commitments and national IPRs-related rules, and looks at each major categories of IPR to suggest practical approaches to suspending (or not suspending) them.