The Anell Draft Clause Samples
The Anell Draft. This draft1 provided:
1.1.1 [National (73)] laws, regulations, judicial decisions and administrative rul- ings [of general application (86, 70, 74)] [of precedential value (73)], [and all 1 See composite text of 23 July 1990, circulated by the Chairman (▇▇▇▇ ▇. ▇. ▇▇▇▇▇) of the TRIPS Negotiating Group, document MTN.GNG/NG11/W/76.
The Anell Draft. “2A PARTIES shall make reasonable efforts within the framework of their consti- tutional systems to inform and, upon request, to consult with the other PARTIES on possible changes in their intellectual property right laws and regulations, and in the administration of such laws and regulations relevant to the operation of this Annex. (68)
2B.1 Whenever laws, regulations and practices relevant to, and affecting, the protection and enforcement of intellectual property rights are under review or 84 See ▇▇▇▇▇▇▇▇▇▇, pp. 73/74. As to the notions of non-violation and “situation” complaints, see above, Section 1 and below, Section 3. 85 It was particularly in the period from 1984 to 1990 that the USA threatened to apply higher tariffs to products from those developing countries that would not adopt higher intellectual property standards. intended to be introduced by a PARTY to this Agreement, such PARTY shall . publish, in an official GATT language, a notice in a publication at an early appropriate stage that it proposes to introduce, amend or abolish legislation or regulation; (73) . promptly provide, upon request, draft legislation and draft regulations, includ- ing explanatory materials, to such PARTIES; (73) . allow, without discrimination, reasonable time of no less than [X] months for other PARTIES to submit comments in writing on the basis of the General Agreement; (73) . consult with interested PARTIES, upon request, on the basis of comments sub-
2B.2 None of these obligations is meant to limit the sovereignty of PARTIES to legislate, regulate and adjudicate in conformity with international obligations. (73)
The Anell Draft. The Anell Draft included the following on the subject of existing subject matter (“A” developed and “B” developing country proposals):115
SECTION 1: COPYRIGHT AND RELATED RIGHTS
The Anell Draft. The main body of the Anell text (as opposed to its Annex)277 included a draft with respect to “Principles”, which is a “B” text (i.e. developing country-supported).