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India - Patent Protection for Pharmaceutical and Agricultural Chemical Products, United States v India, Appeal, WT/DS50/AB/R, Report No AB-1997-5, Doc No 97-5539, ITL 024 (WTO 1997), DSR 1998:I, 9, 19th December 1997, World Trade Organization [WTO]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2020

Whether administrative instructions by the Indian executive authorities were sufficient to comply with Article 70.8(a) and Article 70.9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPs’) if the latter applied during the transitional period under Article 65.4 of the TRIPs.

Whether the general rules of treaty interpretation set out in Article 31 of the Vienna Convention on the Law of Treaties applied to the interpretation of the TRIPs.

Whether a principle of legitimate expectations of World Trade Organisation (WTO) Members applied to the TRIPs.

Whether national law could be interpreted by the adjudicating bodies of the WTO as evidence of compliance with obligations under WTO law.

Whether a claim raised by the complainant during an oral statement at the first substantive meeting of the parties still fell within the Panel’s terms of reference and complied with the principle of due process.

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