‘Do trade deals to escape the WTO.’ So why bother with it? — a presentation

The WTO has become a weapon in a war of words over other issues. For some Brexiters, it’s a deal to look forward to. For some Remainers, it’s a wreckage. For Trump, it’s “unfair”. That’s the worst possible way to get to know the trading system almost all of us rely on

By Peter Ungphakorn
POSTED FEBRUARY 13, 2019 | UPDATED FEBRUARY 13, 2019

This page is based on a presentation given on February 7, 2019, introducing the basics and current issues in the World Trade Organization (WTO). It includes a link to download a handout of the presentation.

It was part of a contribution to a “Westminster Workshop” on parliamentary oversight of trade agreements organised by the Commonwealth Parliamentary Association UK in London, February 6–8, 2019.

Continue reading “‘Do trade deals to escape the WTO.’ So why bother with it? — a presentation”

What are geographical indications? What do they mean for post-Brexit UK?

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn. They are complicated. Every argument has a counter-argument

“How was your Cornish pasty sir? And your lamb, madam? It was New Zealand lamb. Excellent. Would you like some dessert? A cheese plate? We have a new Tiroler Bergkäse from Austria. I also recommend a fine French or Swiss Gruyère. And we have a lovely Caerphilly. Or our chef’s favourite mature Cheddar. A selection? Of course. And to go with that? Would you like to stay with your Amarone della Valpolicella? An Armagnac? A perfect choice. And sir? More Evian. Coming right up.”
Which of these are geographical indications? Answer at the end (click the image to see it full size)

By Peter Ungphakorn
POSTED MAY 5, 2018 | FIRST PUBLISHED ON UK TRADE FORUM APRIL 3, 2018 | UPDATED JANUARY 10, 2021

JUMP TO
PART 1 BASICS
What are geographical indications (GIs)?
What do they apply to?
Are they always place names?
How do they relate to rules of origin?
Why protect them?
What does protection mean?
How much protection?

PART 2 POLICY
How are geographical indications protected?
What does the UK face with the EU?
What do we know about the UK’s plans?
What does the UK face with other countries?
What does the UK face in the WTO?
Some GI titbits — style/method, orange, champagne, gruyère, feta

PART 3 WHAT THE WAITRESS SAID

Among the thousands of policy questions facing Britain after it leaves the EU is what its approach should be for geographical indications.

These are names — like Melton Mowbray pork pies, Rutland bitter and Bordeaux wine — that are used to identify certain products.

The UK’s policy will affect both its own and other countries’ names, and it has now taken first steps in revealing what its approach will be.

People’s views of geographical indications range from cherishing them as precious cultural heritage and commercial property, to annoyance and scorn.

What are they? And what are the decisions facing the UK? This is an attempt to explain them simply. It’s in two main parts with a small third part tacked on.

Continue reading “What are geographical indications? What do they mean for post-Brexit UK?”

Can EU law really dictate World Trade Organization rules?

This is a genuine question. I don’t know the answer. Hopefully some lawyers can help explain why the WTO and EU are trying to dodge the question of how to count the organisation’s members

By Peter Ungphakorn
POSTED DECEMBER 1, 2016 | UPDATED DECEMBER 1, 2016

If you visit the WTO website today, bang in the middle of the homepage is a countdown image declaring that only 10 ratifications are needed before the Trade Facilitation Agreement enters into force.

tfa-countdown-wto-homepage-30nov16
From wto.org homepage December 1, 2016

What you won’t see is another countdown that should be even more exciting.  Much closer to entering into force is a long overdue amendment on pharmaceutical patents — only three more ratifications are needed. Continue reading “Can EU law really dictate World Trade Organization rules?”

Book review: How ‘Dialogue of the Deaf’ produced a sound tool for policy-making

This should bury a number of myths. The memoirs of 17 key authors of a WTO agreement plus an editor’s remarks make a unique account of a complex international negotiation almost miraculously producing a deal


By Peter Ungphakorn
FIRST PUBLISHED BY IP-WATCH, OCTOBER 22, 2015 | REPRODUCED HERE AUGUST 26, 2016

International trade agreements are sometimes demonised as the Grand Plan imposed by major powers in cahoots with multinational corporations. Intellectual property rights is a particular target, as is the case currently with the Trans-Pacific Partnership (TPP), and previously with the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

TRIPS book cover_300x456

Watal, Jayashree and Taubman, Antony (eds), The Making of the TRIPS Agreement: Personal insights from the Uruguay Round negotiators, Geneva, World Trade Organization, 2015, pp 361 + appendixes.

Authors, and (for most) their affiliation at the time: Antony Taubman (current WTO Secretariat), Jayashree Watal (India), Adrian Otten (GATT Secretariat), Thomas Cottier (Switzerland), John Gero (Canada), Mogens Peter Carl (EU), Matthijs Geuze (GATT Secretariat), Catherine Field (US), Thu-Lang Tran Wasescha (Switzerland), Jörg Reinbothe (EU), AV Ganesan (India), Piragibe dos Santos Tarragô (Brazil), Antonio Gustavo Trombetta (Argentina), Umi KBA Majid (Malaysia), David Fitzpatrick (Hong Kong), Hannu Wager (Nordics), Jagdish Sagar (India), Adrian Macey (New Zealand), Lars Anell (Sweden, TRIPS negotiations chair)

CHF70.– in print. Free to download here

The Making of the TRIPS Agreement, the insightful, unofficial collected memoirs of 17 of the agreement’s key authors, plus one editor, challenges that view in two ways. Continue reading “Book review: How ‘Dialogue of the Deaf’ produced a sound tool for policy-making”

The race for the first ever WTO amendment: some key facts

The first stage of the race has been won. In early 2017, two thirds of World Trade Organization members ratified two amendments. Now it’s up to the rest


By Peter Ungphakorn
POSTED JULY 31, 2016 | UPDATED March 5, 2018

The World Trade Organization agreements are over 20 years old. Economic and trade needs are changing fast. And yet the agreements have never been updated — until now. Two amendments have reached the target. To achieve that they needed 110 ratifications, two thirds of the WTO’s 164 members.
Continue reading “The race for the first ever WTO amendment: some key facts”

WTO amendment on access to medicines faces EU conundrum

Only three more ratifications are needed for the WTO’s first ever amendment to take effect. Or is it … FOUR?


Note: The “conundrum” was dodged on January 23, 2017 when five countries were officially announced to have ratified the amendment. The total leapt over the targeted 110 to 112. Now that the target has been reached, this blog post will no longer be updated. But the conundrum remains unresolved. More up-to-date information is available here.


By Peter Ungphakorn
FIRST PUBLISHED BY IP-WATCH, APRIL 14, 2016
REVISED AND POSTED HERE JUNE 12, 2016  |  UPDATED NOVEMBER 30, 2016

After waiting for over a decade, the World Trade Organization is finally close to achieving the first ever amendment to its rule-book, with only a handful of members still needing to formally accept new intellectual property provisions dealing with one aspect of access to medicines. Continue reading “WTO amendment on access to medicines faces EU conundrum”