The WTO/TRIPS Dispute Settlement Mechanism: Experiences and Perspectives

In 1994, the WTO dispute settlement mechanism was amended so as to become more efficient and law-based. This was widely considered as a clear improvement on the earlier system. For the first time, this mechanism was also extended to intellectual property rights; this fact was also considered as an important point of progress when compared to the previous system in international intellectual property law. This contribution examines different aspects of the use of the dispute settlement mechanism in intellectual property fields and tries to make an assessment of the expectations held at the time. It then shows the systemic limits and weaknesses of this system, in particular regarding the example of the WTO panel procedure DS160 (on Section 110(5) of the US Copyright Act). Moreover, it analyses a particular problem, namely retaliation by suspension of intellectual property protection, before drawing conclusions on this topic