Case Studies

  • Patents, Parallel Importation and Compulsory Licensing of HIV/AIDS Drugs: The Experience of Kenya

    Patents, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Kenya’s Industrial Property Act, 2001 have been singled out as the main scapegoats in the problem of accessing AIDS drugs in Kenya. This has prevented the pursuit of a more realistic national health policy and strategy to address the problem. Remarkably, AIDS-related deaths are also associated with limited care and support. AIDS is generally undermining Kenya’s survival, development, productivity and competitiveness.

  • Indonesia’s Shrimp Exports: Meeting the Challenge of Quality Standards

    Among Indonesia’s fishery products, shrimps contribute the largest foreign exchange earnings. The total value of shrimp exports in 2002, for example, was US$840 million, accounting for about 50% of the total value of fishery exports. However, shrimp exports have been declining during 2000-3. In 2000, Indonesia exported 144,035 tons (US$1,003 million) of shrimp, but this declined to 127, 334 tons in 2001 and 122,050 tons in 2002, or around US$940 million and US$840 million, respectively (Central Bureau of Statistics 2003). As an archipelagic country, Indonesia has 17,508 islands and 81,000 km of coastline which provide an excellent resource for brackish-water shrimp farming to support the growth of shrimp exports.

  • Protecting the Geographical Indication for Darjeeling Tea

    This case study relates to the geographical indication (GI) protection of Darjeeling tea. It tells the story of the unauthorized use and registration of ‘Darjeeling and Darjeeling logo’ by Japanese companies already registered in Japan by the Tea Board of India. The study also refers to the unauthorized use and attempted registration of the words ‘Darjeeling and Darjeeling logo’ by some other developed countries.

  • Decision-Making Processes in India: The Case of the Agriculture Negotiations

    India submitted a very detailed and comprehensive proposal as part of the ongoing negotiations on agriculture in the WTO in January 2001. It covered all aspects of the negotiations and remains one of the longest proposals ever submitted by any member. This study examines the manner in which this negotiating proposal was finalized, the consultations that were undertaken and the actual decision-making process that led to the submission of the proposal. It attempts to identify the main protagonists and the key stakeholders, the role that each one played in the process and the extent to which, in their view, they succeeded in getting their concerns reflected in the proposal. Finally, the study also tries to ascertain from the stakeholders their perception of the WTO as an organization, including in the context of the WTO’s perceived influence on the process and final outcome.

  • The Road to Cancún: the French Decision-Making Process and WTO Negotiations

    France is a major trading power and has steadily followed a long-term path of trade liberalization since the launch of the European Common Market. ‘France’s exports rank fourth for goods and third for services, with a structural surplus representing approximately 2 per cent of GDP. Five millions jobs are based on exports. Foreign companies are responsible for one-third of our industrial production.’(1) While not directly engaged in negotiations in the WTO, France participates in the European common trade policy and is deemed a ‘pivotal’ state, particularly on agriculture. Yet little research attention has been devoted to the political economy of trade reform in France.