trips art 6

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)

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The Oxford Handbook of International Trade Law

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Andrew Mitchell, PhD (Cantab), LLM (Harv), Grad Dip Intl L (Melb), LLB (Hons) (Melb), BCom (Hons) (Melb) is Associate Professor, Faculty of Law, University of Melbourne; Member, WTO indicative list of governmental and non-govern-mental panelists; Fellow, Tim Fischer Centre for Global Trade & Finance, Bond University; Barrister and Solicitor, Supreme Court of Victoria and High Court of Australia; and Advisory Board Member, Melbourne Journal of International Law; Author of Legal Principles in WTO Disputes (Cambridge: Cambridge University Press, 2008).

Tania Voon University of Melbourne. Email: [email protected]

Published: 18 September 2012
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. The Nature of the TRIPS Agreement 187

. Developments to Date 189

Dispute Settlement 189

Access to Medicines and Public Health 192

. Outstanding Issues 195

Exhaustion and Parallel Imports 195

Anti-competitive Practices 197

Geographical Indications 198

. Beyond the WTO 200

TRIPS-plus in FTAs 201

A Human Rights Approach to TRIPS 203

. Conclusion 205

I. The Nature of the TRIPS Agreement

During the Uruguay Round of negotiations that finally created the WTO in 1995, the TRIPS Agreement was one of the most controversial new agreements added by the GATT 1947 Contracting Parties. 1 The TRIPS Agreement defines ‘intellectual property’ (IP) as copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs (topographies) of integrated circuits, and undisclosed information (Article 1.2). Thus, this agreement on ‘trade-related aspects’ of IP bears on subjects as wide-ranging as books, computer programs, inventions, and trade secrets. Not surprisingly, given this subject matter, its ‘strongest proponents’ have been the US, the EC, and Japan, along with their IP industries. 2

The TRIPS Agreement establishes minimum standards for the protection of IP rights in each of the seven defined areas of IP, meaning that WTO Members are generally entitled to provide higher but not lower levels of IP protection. The most important way in which the TRIPS Agreement establishes these standards is by incorporating several existing multilateral treaties on IP. In particular, Members must comply with Articles 1 to 12 and 19 of the Paris Convention 1967 (Article 2.1) and with Articles 1 to 21 of the Berne Convention 1971 (excluding Article 6 bis ) (Article 9.1). The TRIPS Agreement builds on these existing treaties by imposing additional substantive obligations while recognizing certain exceptions, such as those regarding security and anti-competitive practices (Articles 73, 40.2).

Like several other WTO agreements, the TRIPS Agreement also creates general obligations of ‘national treatment’ and ‘MFN treatment’. With regard to IP protection, subject to permitted exceptions (again defined in part by reference to existing IP treaties), Members agree to accord to the nationals of other Members ‘treatment no less favourable’ than they accord to their own nationals (Article 3) and to accord immediately and unconditionally to the nationals of all Members ‘any advantage, favour, privilege or immunity’ granted to the nationals of any other country (Article 4).

The TRIPS Agreement also incorporates rigorous requirements concerning the enforcement of IP rights through judicial and administrative proceedings and appropriate remedies (Part IV) and a sophisticated system for resolving disputes between Members pursuant to the DSU (Part V). The TRIPS Council monitors the operation of the TRIPS Agreement and Members’ compliance with it (Article 68).

A frequent criticism of the TRIPS Agreement is that it has no place in the WTO because it entails harmonizing laws (positive integration) rather than removing or prohibiting barriers to international trade (negative integration). Moreover, the grant of exclusive or monopoly rights pursuant to the TRIPS Agreement may itself constitute a trade barrier. 3 Cottier responds that other aspects of the WTO agreements are ‘equally harmonizing’ and that the recognition of IP rights does not of itself conflict with the goals of trade liberalization; rather, the impact on trade and global welfare depends on the balance struck between providing incentives to innovate and protecting investment, on the one hand, and safeguarding competitive opportunities, on the other. 4 The TRIPS Agreement does recognize (under the explicit heading ‘Objectives’) the relevance of IP rights to ‘social and economic welfare’ and the need to achieve ‘a balance of rights and obligations’ (Article 7). 5

Another, perhaps more serious, challenge to the TRIPS Agreement arises from ‘the strong and widespread perception that [it] is against the interests of developing countries’. 6 Notwithstanding the variation in interests among developing country Members, their eventual acceptance during the Uruguay Round of WTO obligations concerning IP is generally regarded as having been a necessary sacrifice in order to achieve broader liberalization objectives, 7 though they arguably received a poor bargain given the relatively limited disciplines agreed in sectors such as agriculture and textiles. 8 The TRIPS Agreement does allow developing country and LDC Members longer transition periods to implement their obligations and also provides for developed country Members to assist them with technical and financial cooperation in this regard (Articles 65–67). However, like many special and differential treatment provisions, these were insufficient to address the difficulties faced by many developing countries in implementing the TRIPS Agreement, 9 and they did little to change the fact that the main beneficiaries of stronger IP rights were (at least initially) industrialized countries. 10

In the second part of this chapter, we outline certain significant developments under the TRIPS Agreement since its entry into force in 1995, namely in the course of dispute settlement and in relation to public health. The third part explores some of the issues under the TRIPS Agreement that are yet to be resolved: exhaustion, anticompetitive practices, and geographical indications. In the final part, we address a number of areas in which TRIPS-related issues expand beyond the boundaries of the WTO. In particular, we consider the role of the World Intellectual Property Organization (WIPO), the increasing frequency of ‘TRIPS-plus’ provisions in preferential trade agreements, and the call for greater acknowledgement of human rights concerns in interpreting and applying the TRIPS Agreement. Due to space constraints, we do not address the many other important subjects arising under the TRIPS Agreement, such as traditional knowledge and biodiversity. The following overview nevertheless exemplifies the wide range of dilemmas arising under the TRIPS Agreement, which is sure to continue as one of the chief battlegrounds in the development of WTO law, even as bilateral trade agreements and other areas of public international law, such as human rights, intervene.

II. Developments to Date

In this section, we examine two areas in which the TRIPS Agreement has undergone major developments: disputes arising under the TRIPS Agreement that have proceeded to formal adjudication in the WTO, and negotiation among WTO Members regarding access to medicines and public health under the TRIPS Agreement.

A. Dispute Settlement

As at the end of 2006, 25 formal complaints had been brought in connection with the TRIPS Agreement: a reasonable number, though not as many as under several other WTO agreements 11 such as the GATT 1994, the SCM Agreement, or the Agreement on Agriculture. In addition, on 10 April 2007, the US requested consultations with China alleging violations of the TRIPS Agreement in relation to the availability of criminal procedures and penalties for IP infringement, the disposal of goods that infringe IP rights, and the denial of copyright protection for works that have not been authorized for publication or distribution within China. 12 To date, nine Panel reports (some related) and three Appellate Body reports in relation to the TRIPS Agreement have been circulated and adopted.

The most recent TRIPS dispute to reach the stage of a final Panel report concerned geographical indications (GIs), which are also the subject of continued negotiations in the Doha Round as discussed below. Indeed, Australia and the US may have decided to challenge the EC’s GIs scheme in part to buttress their position in negotiations on this issue. 13 In this case, which was not appealed, the Panel found that several aspects of the EC’s scheme violated the national treatment (NT) obligations in the TRIPS Agreement and the GATT 1994. For example, the Panel found that such violations stemmed from the prima facie case made by Australia and the US (not successfully rebutted by the EC) that a GI located in another WTO Member could be registered under the relevant EC regulation only if the Member had adopted an equivalent system for GIs protection and provided reciprocal protection to EC products. 14

The US and EC have also played prominent roles in several other TRIPS disputes. In two cases, the EC challenged the US, once regarding its protection of trademarks used in connection with a business or assets that were confiscated by the Cuban government, 15 and once regarding its limitations on performers’ copyright for certain broadcasts. 16 The US has not yet implemented the adverse rulings in either of these cases, 17 much to the annoyance of other Members, particularly given the US role in championing the TRIPS Agreement. 18 Other TRIPS disputes have explored matters such as the term of patent protection required under Article 33, 19 the limited exceptions to patent protection allowed under Article 30, 20 the transition period for developing country Members, 21 and the provision of a ‘mailbox’ filing system for patent applications pending the availability of a patent protection system. 22

The TRIPS Agreement has given rise to two other developments in WTO dispute settlement. First, developing countries have often considered the TRIPS Agreement a useful instrument in responding to another Member’s failure to implement an adverse ruling by the DSB, even when the original violation was in respect of goods or services rather than IP rights. This generally requires the retaliating developing country Member to establish that ‘it is not practicable or effective to suspend concessions or other obligations with respect to the same’ sector or agreement and that ‘the circumstances are serious enough’ to warrant suspension under the TRIPS Agreement instead. 23 For example, Brazil proposed suspending concessions under the TRIPS Agreement rather than increasing tariffs on imports in response to US violations of the SCM Agreement because, ‘[g]iven the asymmetries between the two economies, additional import duties would have a much greater negative impact on Brazil than on the [US]’. 24

Whether ‘cross-retaliation’ of this kind is allowed in the WTO depends on the circumstances of the case. If the implementing Member does not object to the proposed suspension, the DSB authorizes it by reverse consensus. If the implementing Member does object, arbitrators (usually the original panel) determine whether it accords with the relevant dispute settlement provisions. 25 One such arbitration approved Ecuador’s request to suspend concessions to the EC under the TRIPS Agreement following EC violations regarding banana imports, noting that ‘the considerable economic differences between a developing WTO Member and the world’s largest trader … confirm … that it may not be practicable or effective for Ecuador to suspend concessions or other obligations under the [GATS] or with respect to all product categories under the GATT’. 26 The utility of this approach for a developing country Member may nevertheless be limited by constraints under its domestic law or other IP conventions to which the Member is a party, as well as economic considerations. 27

A second noteworthy feature of the TRIPS Agreement in connection with WTO dispute settlement is that ‘non-violation’ and ‘situation’ complaints as described respectively in Article XXIII:1(b) and (c) of the GATT 1994 were precluded under Article 64.2 TRIPS Agreement until 1 January 2000 and since that date have remained inapplicable by agreement between the Members. 28 In the GATT 1994 context, violation complaints are much more common (under Article XXIII:1(a)), but a Member may also bring a WTO dispute where it considers that, as a result of a Member’s measure that does not necessarily violate WTO law or some other situation, its WTO benefits are being nullified or impaired, or the attainment of any objective of the agreement is being impeded. Special dispute settlement provisions apply to these complaints under Article 26 DSU. The Council for TRIPS continues to work on the scope and modalities for complaints of this type under the TRIPS Agreement, 29 which could cover, for example, a patent regime imposing ‘an excessively high level of inventive step’ for pharmaceutical products that effectively preclude patent protection for these products without banning it outright. 30 Some regard non-violation complaints as unnecessary in the TRIPS context, given that the agreement is less concerned with market access and tariff concessions than the GATT 1994; others regard it as crucial in preventing Members from circumventing their TRIPS obligations. The impact of such complaints on security and predictability of trade is debated. 31

B. Access to Medicines and Public Health

The TRIPS Agreement recognizes the relationship between IP rights and public health, 32 allowing Members to ‘adopt measures necessary to protect public health and nutrition … provided that such measures are consistent with the provisions of this Agreement’ (Article 8.1). Patent protection for pharmaceutical products as mandated in the TRIPS Agreement represents one possible obstacle to public health measures and provides the setting for some of the most crucial advances made under the TRIPS Agreement and, indeed, the WTO agreements as a whole, since their enactment.

Subject to certain limited exceptions, 33 Members must make patents available for pharmaceuticals, and owners of these patents have exclusive rights to prevent others from making, selling, or importing the relevant products (Articles 27–28). These rights tend to elevate the prices of patented medicines (as compared to ‘generic’ or ‘off-patent’ medicines), 34 creating a potential difficulty particularly for developing countries seeking to manufacture or import them to deal with serious public health concerns, such as HIV/AIDS crises. Without further discussion, this difficulty would have crystallized when the transition period for pharmaceutical patents ended on 1 January 2005 for many developing countries such as India, and on 1 January 2006 for LDCs (Articles 65.1, 65.2, 65.4, 66.1).

Exceptions in Articles 30 and 31 might have assisted, in particular, by allowing the grant of compulsory licences to manufacture patented pharmaceuticals subject to conditions such as the payment of adequate remuneration and prior attempts to negotiate a voluntary licence on reasonable commercial terms and conditions (which condition could be waived ‘in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use’) (Article 31(b)). However, under Article 31(f), this kind of ‘use of the subject matter of a patent without the authorization of the right holder’ is to be ‘authorized predominantly for the supply of the domestic market of the Member authorizing such use’, meaning that a Member without sufficient capacity to manufacture the requisite pharmaceuticals could not take advantage of a compulsory licence to import these products from another Member. These Members might have been able to rely on the principle of international exhaustion (as discussed further below) to import products made under compulsory licence, but on one view parallel imports invariably violate the patent owner’s rights unless they are imports of products made under voluntary licence. 35

In recognition of this predicament, the WTO Members at the Fourth Ministerial Conference (MC) in Doha in 2001 issued a declaration ‘affirm[ing] that the Agreement can and should be interpreted and implemented in a manner supportive of WTO members’ right to protect public health and, in particular, to promote access to medicines for all’. 36 Among other things, this Ministerial Declaration on the TRIPS Agreement and Public Health noted Members’ freedom to determine the grounds for granting compulsory licences and acknowledged that ‘public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency’. 37 It also provided the setting for several more substantive changes. First, LDC Members were granted an additional transition period until 1 January 2016 in relation to certain obligations regarding pharmaceutical patents. 38 Second, Members agreed on a waiver of Article 31(f) so that LDC Members and other Members lacking sufficient manufacturing capacity may import pharmaceutical products created under compulsory licence, subject to certain conditions. 39 This waiver will become permanent through an amendment to the TRIPS Agreement after two-thirds of the Members accept it; this would be the first ever formal amendment to the WTO agreements, introducing a new Article 31 bis into the TRIPS Agreement. 40

Although these steps are very welcome, their practical implications have been limited to date. At the time of writing, only 18 of the 153 WTO Members 41 have accepted the amendment, 42 and a handful of Members have implemented legislation to enable them to issue compulsory licences in accordance with the waiver. 43 At the end of 2007, the GC noted that acceptance of the amending protocol by two-thirds of the Members was ‘taking longer than initially foreseen’ and therefore decided, on the recommendation of the TRIPS Council, to extend the deadline for acceptance from 1 December 2007 to 31 December 2009 ‘or such later date as may be decided by the Ministerial Conference’. 44

One positive development stands out. On 17 July 2007, Rwanda (an LDC) became the first Member to notify the TRIPS Council of its intention to use the waiver of Article 31(f) as an importing Member. The notification concerned the HIV/AIDS drug TriAvir, manufactured in Canada by generic pharmaceutical company Apotex, Inc. 45 In turn, Canada notified the TRIPS Council in early October 2007 of its grant of a compulsory licence as an eligible exporting Member to enable the manufacture and export of TriAvir to Rwanda. 46 The successful outcome of this arrangement may encourage further use of the flexibilities on which the Members have agreed.

III. Outstanding Issues

We now consider three areas under the TRIPS Agreement raising questions that the Members are yet to resolve: the exhaustion of IP rights associated with a product through the sale of that product with the right holder’s authority, the relationship between IP rights and anti-competitive conduct, and the category of GIs. Of these, only GIs are currently subject to negotiation under the Doha Round.

A. Exhaustion and Parallel Imports

In his seminal work, Warwick Rothnie describes parallel imports as follows:

They are lawfully put on the market in the place of export , the foreign country. But, an owner of the [IP] rights in the place of importation , the domestic country, opposes their importation … [S]ome enterprising middleman buys stock in the cheaper, foreign country and imports them into the dearer, domestic country. Hence, the imports may be described as being imported in ‘parallel’ to the authorised distribution network. 47

Under a rule or system of ‘national exhaustion’, by authorizing the first sale of a product in a given country, the owner of IP rights in that product exhausts those rights in that country only, such that a parallel import of the product into another country may infringe the IP owner’s rights in the second country. Under a system of ‘international exhaustion’, the first sale exhausts the IP rights associated with the product worldwide, allowing parallel imports of the product after that sale. A country’s choice of which system to adopt in relation to any given category of IP (as the considerations may differ for each) 48 raises the same balancing questions as determining the extent of protection of IP rights more generally. International exhaustion may encourage lower-priced parallel imports and promote competition, benefiting consumers and industrial users of the relevant products, while national exhaustion may advance the interests of IP owners and creators. 49 Jayashree Watal cautions against assuming that developing countries would necessarily benefit from international exhaustion. 50

Article 6 TRIPS Agreement provides that, ‘[f]or the purposes of dispute settlement under this Agreement, subject to the provisions of Articles 3 and 4 nothing in this Agreement shall be used to address the issue of exhaustion of [IP] rights’. This provision reflects a failure to agree on the treatment of exhaustion and parallel imports and, consequently, a degree of discretion for WTO Members. Nevertheless, whatever approach a Member chooses, it must apply this on a non-discriminatory basis, that is, in accordance with the principles of NT and MFN treatment as set out in Articles 3 and 4. The choice for patents may affect the Member’s ability to respond to public health crises as discussed above. 51 Accordingly, the ‘Doha Declaration on TRIPS and Public Health’ confirms that ‘[t]he effect of the provisions in the TRIPS Agreement that are relevant to the exhaustion of [IP] rights is to leave each member free to establish its own regime for such exhaustion without challenge, subject to the MFN and national treatment provisions’. 52 This makes clear that Article 6 is not to be interpreted as being limited to dispute settlement such that, for example, the substantive TRIPS Agreement provisions on patents could be read as mandating international exhaustion. 53

Although Members are not examining exhaustion in the Doha Round, given the absence of agreement to date as to a uniform approach on this issue, it may resurface to be resolved in future.

B. Anti-competitive Practices

Article 8.2 TRIPS Agreement allows Members to take ‘[a]ppropriate measures, provided that they are consistent with the provisions of this Agreement, … to prevent the abuse of [IP] rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology’. The scope of this allowance therefore depends on how other TRIPS Agreement provisions are interpreted in relation to anti-competitive practices. In addition, Article 40.1 TRIPS Agreement recognizes that ‘some licensing practices or conditions pertaining to [IP] rights which restrain competition may have adverse effects on trade and may impede the transfer and dissemination of technology’. Accordingly, Members are entitled to ‘specif[y] in their legislation licensing practices or conditions that may in particular cases constitute an abuse of [IP] rights having an adverse effect on competition in the relevant market’ (Article 40.2). 54 Article 40.2 provides examples of the kinds of practices that may be anti-competitive (‘exclusive grantback conditions, conditions preventing challenges to validity and coercive package licensing’) but not an exhaustive or binding list. Indeed, apart from an obligation to enter consultations on request in relation to these matters (Article 40.3), the provisions regarding anticompetitive conduct are ‘permissive rather than mandatory’. 55

The question whether WTO Members should adopt additional, mandatory rules aimed at harmonizing competition laws or producing an overarching international competition law goes beyond the TRIPS Agreement, 56 and, potentially, the WTO itself. 57 It concerns numerous aspects of the WTO agreements, including goods, services, and dispute settlement. The WTO’s Working Group on the Interaction between Trade and Competition Policy was previously discussing the ‘interaction between trade and competition policy, including anti-competitive practices, in order to identify any areas that may merit further consideration in the WTO framework’. 58 However, this so-called ‘Singapore issue’ has now been excised from the Doha Work Programme and is no longer under negotiation. 59 Nevertheless, the absence of a multilateral competition framework is problematic and will need to be addressed at some point. ‘Although competition law has traditionally dealt with private action within the border, while trade law has traditionally dealt with public action at the border’, 60 this dichotomy is weakening. In relation to IP rights as in other areas, the effects of domestic competition laws and anti-competitive practices frequently extend across national borders, increasing the risk of conflict and unnecessary costs on consumers and firms. 61

C. Geographical Indications

The TRIPS Agreement defines GIs as indications that ‘identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin’ (Article 22.1). The WTO website offers the examples of Champagne, Tequila, and Roquefort. 62 Members have a general obligation to provide the legal means for interested parties to prevent the use of GIs for goods (for example in a trademark) in such a way as to mislead the public about the origin of the good or to constitute unfair competition (Articles 22.2–22.4). Members must provide greater protection in relation to GIs for wines and spirits—that is, preventing their use in relation to wines or spirits not originating in the relevant place ‘even where the true origin is indicated or the [GI] is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like’ (Article 23.1). Some exceptions apply, such as for GIs that are generic terms, or where a GI was used continuously in good faith before 15 April 1994 (when the WTO agreements were signed) or was included in a trademark registered in good faith (Articles 24.4–24.6).

GIs provide one issue that remains under negotiation in the Doha Round. At Doha in 2001, Members agreed, in accordance with Article 23.4 TRIPS Agreement, ‘to negotiate the establishment of a multilateral system of notification and registration of [GIs] for wines and spirits’. 63 Members have since ‘agree[d] to intensify these negotiations’. 64 Members are currently negotiating on the basis of three main proposals in this regard. 65 In addition, although Members disagree as to the link with the wines and spirits negotiations and the Doha Round more generally, they are discussing the extension of the higher level of GI protection to products other than wines and spirits, as arguably envisaged in Article 24.1 TRIPS Agreement. 66

The alignment of Members on both sides of the GI debate is illustrated by existing proposals regarding the register for wines and spirits. The EC, long an advocate for GIs, calls for the higher levels of protection for wines and spirits to be simply extended to all products, along with a multilateral register for all products whereby registration of a particular GI would create, for participating Members not having lodged a reservation in respect of that GI, ‘a rebuttable presumption of the eligibility for protection of that [GI]’. 67 Hong Kong, China has submitted a proposal under which registration of an indication would provide prima facie evidence of ownership and that the indication is a GI protected in the country of origin. 68 In contrast, under a third proposal, participating Members would have much greater flexibility: they would merely have to ensure that they provide for consultation of the register when making domestic decisions regarding trademarks and GIs for wines and spirits. This proposal is endorsed by Argentina, Australia, Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Japan, Mexico, New Zealand, Nicaragua, Paraguay, Chinese Taipei, and the US. 69 In many of these ‘New World’ countries, terms that the EC regards as GIs are already considered generic. 70

This is an extremely sensitive area of negotiations, made more complex by the uncertain effects that GI protection may have on different Members. For instance, Evans and Blakeney suggest that, whereas ‘large, commodity-dependent developing countries, such as India, Egypt, or Kenya, are well placed to take advantage of an extension of additional protection for agricultural products, foodstuffs, and traditional handicrafts’, other developing countries may lack ‘the financial resources, the technical expertise and the institutional capacity’ necessary to commercialize goods that could benefit from GI protection and to provide that protection. 71 Ultimately, a link exists between negotiations on the extension of GIs beyond wines and spirits, the multilateral register, and agriculture more generally. Failure in any one of these areas may necessitate failure in the other two. 72

IV. Beyond the WTO

In this final section, we identify three ways in which the TRIPS Agreement is influenced by outside forces and consider how these forces are changing international IP law. We first consider WIPO before turning to IP provisions in preferential, regional, or free trade agreements (FTAs) 73 and then the growing drive for a human rights approach to the TRIPS Agreement.

WIPO is a specialized agency of the United Nations (UN) established by a treaty signed in 1967 ‘to promote the protection of [IP] throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization’. 74 It has 184 contracting parties, 75 as compared with the WTO’s 153 Members. 76 The preamble to the TRIPS Agreement records the Members’ desire ‘to establish a mutually supportive relationship between the WTO and [WIPO] as well as other relevant international organizations’. Certain other TRIPS Agreement provisions also refer to WIPO, including Article 68, which directs the TRIPS Council to ‘seek to establish … appropriate arrangements for cooperation with bodies of that Organization’. The two organizations entered a cooperation agreement in 1995, pursuant to which, among other things, they provide access to each other’s collection of countries’ IP laws and regulations and cooperate in technical assistance activities. 77 WIPO has observer status in meetings of the GC, 78 the TRIPS Council and certain other WTO bodies. 79

The locus for multilateral IP negotiations shifted from WIPO to the GATT 1947 with the Uruguay Round of negotiations leading to the WTO, largely on the initiative of the US and the EC, though WIPO ‘continues to function as a critically important venue for [IP] lawmaking by all of its member states in a post-TRIPs environment’. 80 Since the WTO was established, WIPO has concluded several treaties expanding international IP coordination. 81 These newer treaties are not incorporated into the TRIPS Agreement leading some WTO Members to suggest their inclusion either in the TRIPS Agreement 82 or through the alternative route of FTAs, as discussed in the following section.

B. TRIPS-plus in FTAs

A common feature in the proliferation of FTAs 83 in recent years 84 (and particularly those of the US) has been the insertion of so-called ‘TRIPS-plus’ provisions, requiring FTA partners to impose higher standards of IP protection than those set in the TRIPS Agreement. 85 This tends to increase IP protection not only between the FTA partners but more broadly across the WTO Membership, because the TRIPS Agreement does not include a general exemption from the MFN rule for FTAs. Because of the US push to align others’ IP laws with its own, it also continues the process of international harmonization of IP laws supported by the TRIPS Agreement. 86 Here, too, the TRIPS Agreement may be seen as having failed developing countries in particular, who remain prey to bilateral pressures to accept and impose higher standards because the TRIPS Agreement imposes minimum but not maximum thresholds of protection. 87

As foreshadowed above, in some instances, TRIPS-plus is achieved by requiring FTA partners to become party to certain WIPO treaties not incorporated in the TRIPS Agreement. For example, Article 17.1.4 Australia — United States Free Trade Agreement 88 provides that ‘[e]ach Party shall ratify or accede to the WIPO Copyright Treaty (1996) and the WIPO Performances and Phonograms Treaty (1996) by the date of entry into force of this Agreement, subject to the fulfilment of their necessary internal requirements’.

Other FTA provisions remove the flexibility maintained under the TRIPS Agreement. Thus, the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area 89 restricts the circumstances in which a party may permit the use of the subject matter of a patent without the patent owner’s authority. Whereas the TRIPS Agreement does not prescribe the circumstances in which a WTO Member may grant a compulsory licence, for example to address a public health concern (provided that certain conditions are met such as payment of adequate remuneration) (Article 31(h)), the FTA between the US and Jordan precludes such licences except to remedy anti-competitive practices, where the patent owner has not sufficiently worked the patent, or ‘in cases of public non-commercial use or in the case of a national emergency or other circumstances of extreme urgency, provided that such use is limited to use by government entities or legal entities acting under the authority of a government’. 90 Several commentators regard these and other common TRIPS-plus provisions put forward by the US as reducing access to medicines in developing countries and ‘negat[ing] the letter and spirit of the Doha Declaration’. 91 Some even query whether they may violate WTO law. 92

TRIPS-plus approaches in FTAs, as highlighted above, are closely linked to US trade policies and negotiating strategies and are therefore subject to change. For instance, in May 2007, the Bush Administration reached a conceptual agreement with Congress regarding IP protections in pending FTAs that would (particularly for developing countries) increase flexibility in relation to pharmaceuticals and public health. 93 Nevertheless, the general trend towards strengthening TRIPS through FTAs remains apparent. 94

C. A Human Rights Approach to TRIPS

Since the creation of the WTO, various UN bodies have commented on the relationship between human rights and WTO law. 95 The resulting work includes several statements regarding the relationship between human rights and the TRIPS Agreement in particular. The UN Sub-Commission on the Promotion and Protection of Human Rights has warned that an ‘actual or potential conflict exists between the implementation of the TRIPS Agreement and the realization of economic, social and cultural rights, in particular the rights to self-determination, food, housing, work, health and education, and in relation to transfers of technology to developing countries’. 96

In 2001, the UN High Commissioner for Human Rights expressed support for the notion of a ‘human rights approach’ to the TRIPS Agreement, which ‘would explicitly place the promotion and protection of human rights … at the heart of the objectives of intellectual property protection, rather than only as permitted exceptions that are subordinated to the other provisions of the Agreement’. 97 The High Commissioner referred specifically to Article 15 International Covenant on Economic, Social and Cultural Rights (ICESCR) 98 as requiring States, in protecting IP rights, to balance the public interest in accessing new knowledge with the interests of knowledge creators. 99 On one view, Members already have suffi cient discretion to take a human rights approach to the TRIPS Agreement, for example, by using domestic competition rules to avert practices that infringe the right to health. 100

More recently, the Committee on Economic, Social and Cultural Rights, which monitors the implementation of the ICESCR, issued a general comment on Article 15(1)(c), distinguishing IP rights from the right recognized under that provision (‘to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author’). 101 Among other things, the Committee called on States parties to the ICESCR to ‘exclud[e] inventions from patentability whenever their commercialization would jeopardize the full realization of … human rights and dignity, including the rights to life, health and privacy’, in some contrast to the TRIPS Agreement’s exception for excluding inventions from patentability. 102

Concerns relating to the impact of the TRIPS Agreement on the right to health have been partially addressed by the WTO’s work in relation to compulsory licensing as discussed above. 103 One might even argue that paragraph 4 of the Declaration on the TRIPS Agreement and Public Health embodies a limited human rights approach to the TRIPS Agreement in affirming that ‘the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health’. However, as already mentioned, 104 some FTAs threaten to undermine this progress. 105

V. Conclusion

The TRIPS Agreement raises an array of complex questions and its implications for development, trade, and competition are difficult to identify in the abstract. On the one hand, it risks favouring IP owners, traditionally residing in developed countries, at the expense of vigorous competition and open trade. On the other hand, as the scope of IP expands (for example in the context of GIs), it offers potential benefits to at least some developing countries. In addition, it provides developing country Members with the possibility of cross-retaliation as an effective means of inducing compliance of other Members with their WTO obligations following adverse rulings in WTO dispute settlement. The Members’ ultimate response to the public health problems of developing countries (especially those with limited pharmaceutical manufacturing capacity) is also a significant achievement, although this would be best consolidated through the passing of a formal amendment to the TRIPS Agreement and the use of the available flexibilities in practice.

Moving beyond the first decade of the TRIPS Agreement, and even beyond Doha, WTO Members may need to reinvigorate discussions on areas of disagreement such as non-violation complaints, exhaustion, and anti-competitive practices. At the same time, they must recognize that the TRIPS Agreement is not operating in a vacuum. Especially in the absence of progress under the TRIPS Agreement from the perspective of all Members, IP laws including those relevant to international trade will continue to advance outside of the WTO. This is already evident in the work of WIPO and several FTAs, most often in the direction of strengthening IP rights, which may upset the balance achieved in the TRIPS Agreement (if indeed it is regarded as having struck an appropriate balance to begin with). On the opposite side, UN calls for greater appreciation of human rights in the TRIPS Agreement and its application should remind Members of the need to consider the wider ramifications of stronger IP protection in the longer term. While many debated the propriety of including the TRIPS Agreement in the WTO to begin with, it need not be a one-sided document in future.

Selected Bibliography

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F Abbott , ‘The “Rule of Reason” and the Right to Health: Integrating Human Rights and Competition Principles in the Context of TRIPS’ in T Cottier , J Pauwelyn , and E Bürgi (eds), Human Rights and International Trade (Oxford: Oxford University Press, 2005 ) 279

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F Abbott , ‘ Toward a New Era of Objective Assessment in the Field of TRIPS and Variable Geometry for the Preservation of Multilateralism ’ 2005 Journal of International Economic Law 8(1) 77

F Abbott , ‘Intellectual Property Provisions of Bilateral and Regional Trade Agreements in Light of U.S. Federal Law’, UNCTAD-ICTSD Capacity Building Project on Intellectual Property Rights and Sustainable Development Issue Paper No 12 2006

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C Correa , Trade-Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement (Oxford: Oxford University Press, 2006 )

T Cottier and P Mavroidis (eds), Intellectual Property: Trade, Competition, and Sustainable Development (Ann Arbor: University of Michigan Press, 2003 )

W Davey and W Zdouc , ‘The Triangle of TRIPS, GATT and GATS’ in T Cottier and P Mavroidis (eds), Intellectual Property: Trade, Competition, and Sustainable Development (Ann Arbor: University of Michigan Press, 2003 ) 53

A Deardorff , ‘What Might Globalization’s Critics Believe?’ 2003 World Economy 26(5) 639

M Desta and N Barnes , ‘Competition Law and Regional Trade Agreements: An Overview’ in L Bartels and F Ortino (eds), Regional Trade Agreements and the WTO Legal System (Oxford: Oxford University Press, 2006 ) 239

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G Evans , ‘ A Preliminary Excursion into TRIPS and Non-Violation Complaints ’ 2000 Journal of World Intellectual Property 3(6) 867

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W Fikentscher , ‘Historical Origins and Opportunities for Development of an International Competition Law in the TRIPs Agreement of the World Trade Organization (WTO) and Beyond’ in FK Beier and G Schricker (eds), From GATT to TRIPs: The Agreement on Trade-Related Aspects of Intellectual Property Rights (Munich: Max Planck Institute, 1996 ) 226

E Fox , ‘Trade, Competition, and Intellectual Property — TRIPS and its Antitrust Counterparts’ 1996 Vanderbilt Journal of Transnational Law 29(3) 481

S Frankel , ‘ WTO Application of “the Customary Rules of Interpretation of Public International Law” to Intellectual Property ’ 2005 Virginia Journal of International Law 46(2) 365

J Gathii , ‘ The Legal Status of the Doha Declaration on TRIPS and Public Health Under the Vienna Convention on the Law of Treaties ’ 2002 Harvard Journal of Law and Technology 15(2) 291

J Gathii , ‘ How Necessity May Preclude State Responsibility for Compulsory Licensing Under the TRIPS Agreement ’ 2006 North Carolina Journal of International Law and Commercial Regulation 31(4) 943

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M Geuze and H Wager , ‘ WTO Dispute Settlement Practice Relating to the TRIPS Agreement ’ 1999 Journal of International Economic Law 2(2) 347

A Guzman , ‘International Competition Law’ in A Guzman and A Sykes (eds), Research Handbook in International Economic Law (London: Edward Elgar, 2007 ) 418

A Guzman and A Sykes (eds), Research Handbook in International Economic Law (London: Edward Elgar, 2007 )

M Handler , ‘ The WTO Geographical Indications Dispute ’ 2006 Modern Law Review 69(1) 70

A Heinemann , ‘Antitrust Law of Intellectual Property in the TRIPs Agreement of the World Trade Organization’ in FK Beier and G Schricker (eds), From GATT to TRIPs: The Agreement on Trade-Related Aspects of Intellectual Property Rights (Munich: Max Planck Institute, 1996) 239

L Helfer , ‘ Regime Shifting: The TRIPs Agreement and New Dynamics of International Intellectual Property Lawmaking ’ 2004 Yale Journal of International Law 29(1) 1

J Kuanpoth , ‘TRIPS-Plus Intellectual Property Rules: Impact on Thailand’s Public Health’ 2006 Journal of World Intellectual Property 9(5) 573

J Martín , ‘ The WTO TRIPS Agreement: The Battle between the Old and the New World over the Protection of Geographical Indications ’ 2004 Journal of World Intellectual Property 7(3) 287

K Maskus and J Reichman (eds), International Public Goods and Transfer of Technology Under A Globalized Intellectual Property Regime (Cambridge: Cambridge University Press, 2005 )

D Matthews , ‘ WTO Decision on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health: A Solution to the Access to Essential Medicines Problem? ’ 2004 Journal of International Economic Law 7(1) 73

AD Mitchell , ‘ Broadening the Vision of Trade Liberalisation: International Competition Law and the WTO ’ 2001 World Competition 24(3) 343

AD Mitchell , ‘ A Legal Principle of Special and Differential Treatment for WTO Disputes ’ 2006 World Trade Review 5(3) 445

K Nowak , ‘ Staying Within the Negotiated Framework: Abiding by the Non-Discrimination Clause in TRIPs Article 27 ’ 2005 Michigan Journal of International Law 26(3) 899

D Rangnekar , ‘Geographical Indications: A Review of Proposals at the TRIPs Council’ UNCTAD/ICTSD Capacity Building Project on Intellectual Property Rights and Sustainable Development Paper (2002)

M Rimmer , ‘ The Jean Chrétien Pledge to Africa Act: Patent Law and Humanitarian Aid ’ 2005 Expert Opinion on Therapeutic Patents 15(7) 889

W Rothnie , Parallel Imports (London: Sweet & Maxwell, 1993 )

FM Scherer and J Watal , ‘ Post-TRIPS Options for Access to Patented Medicines in Developing Nations ’ 2002 Journal of International Economic Law 5(4) 913

D Shanker , ‘ The Vienna Convention on the Law of Treaties, the Dispute Settlement System of the WTO and the Doha Declaration on the TRIPs Agreement ’ 2002 Journal of World Trade 36(4) 721

H Sun , ‘ The Road to Doha and Beyond: Some Reflections on the TRIPS Agreement and Public Health ’ 2004 European Journal of International Law 15(1) 123

M Taylor , International Competition Law: A New Dimension for the WTO? (Cambridge: Cambridge University Press, 2006 )

M Vincent , ‘ Extending Protection at the WTO to Products Other Than Wines and Spirits: Who Will Benefit? ’ 2007 Estey Centre Journal of International Trade Law and Policy 8(1) 57

E Vranes , ‘Cross Retaliation under GATS and TRIPS — An Optimal Enforcement Device for Developing Countries?’ in F Breuss , S Griller , and E Vranes (eds), The Banana Dispute: An Economic and Legal Analysis (Vienna: Springer, 2003 ) 113

J Watal , Intellectual Property Rights in the WTO and Developing Countries (Boston: Kluwer Academic Publishers, 2001 )

World Bank, Global Economic Prospects: Trade, Regionalism, and Development (Washington DC: World Bank, 2005 )

See, generally, chapters 2 and 3 of this Handbook.

L Helfer , ‘Regime Shifting: The TRIPs Agreement and New Dynamics of International Intellectual Property Lawmaking’ 2004 Yale Journal of International Law 29(1) 1, at 2 .

See, eg, A Deardorff , ‘What Might Globalization’s Critics Believe?’ 2003 World Economy 26(5) 639, at 653–54 ; E-U Petersmann , ‘From Negative to Positive Integration in the WTO: The TRIPs Agreement and the WTO Constitution’ in T Cottier and P Mavroidis (eds), Intellectual Property: Trade, Competition, and Sustainable Development (Ann Arbor: University of Michigan Press, 2003) 21, at 22–23 ; cf W Davey and W Zdouc , ‘The Triangle of TRIPS, GATT and GATS’ in Cottier and Mavroidis , ibid , 53, at 54 . See also Preamble and Arts 7 and 8.2 TRIPS Agreement.

T Cottier , ‘The Agreement on Trade-Related Aspects of Intellectual Property Rights’ in P Macrory , A Appleton , and M Plummer (eds), The World Trade Organization: Legal, Economic and Political Analysis , Vol I (New York: Springer, 2005) 1041, at 1054 . Cottier refers to ‘safeguards, dumping, subsidies, and agriculture’. Consider also, eg, the SPS Agreement.

See also Art 8 TRIPS Agreement; C Correa , Trade-Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement (Oxford: Oxford University Press, 2006), at 91–114 .

J Watal , Intellectual Property Rights in the WTO and Developing Countries (Boston: Kluwer, 2001) 363 ; cf F Abbott , ‘Intellectual property rights in world trade’ in A Guzman and A Sykes (eds), Research Handbook in International Economic Law (London: Edward Elgar, 2007) 444, at 453 .

A Pacón , ‘What Will TRIPs Do For Developing Countries’ in FK Beier and G Schricker (eds), From GATT to TRIPs: The Agreement on Trade-Related Aspects of Intellectual Property Rights (Munich: Max Planck Institute, 1996) 329, at 332–33 ; F Abbott , ‘Commentary: The International Intellectual Property Order Enters the 21st Century’ 1996 Vanderbilt Journal of Transnational Law 29(3) 471, at 472–73, 476 ; Petersmann , above fn 3, at 32–33 .

AD Mitchell , ‘A legal principle of special and differential treatment for WTO disputes’ 2006 World Trade Review 5(3) 445, at 449–50 .

See, eg, TRIPS Council, Special and Differential Treatment Proposals Referred to the TRIPs Council: Report to the General Council by the Chair , IP/C/36 (20 July 2005) ; TRIPS Council, Annual Report (2006) , IP/C/44 (4 December 2006), at para 9 .

F Abbott , ‘Toward a New Era of Objective Assessment in the Field of TRIPS and Variable Geometry for the Preservation of Multilateralism’ 2005 Journal of International Economic Law 8(1) 77, at 80–83 .

K Leitner and S Lester , ‘WTO Dispute Settlement 1995–2006—A Statistical Analysis’ 2007 Journal of International Economic Law 10(1) 165, at 171 .

WTO, China — Intellectual Property Rights: Request for Consultations by the United States , WT/DS362/1, IP/D/26, G/L/819 (16 April 2007) .

M Handler , ‘The WTO Geographical Indications Dispute’ 2006 Modern Law Review 69(1) 70, at 79 .

Panel Report, EC — Trademarks and Geographical Indications (Australia) , at paras 7.89, 7.152, 7.249, 7.272, 8.1(e), 8.1(f)(i), 8.1(i)(i) ; Panel Report, EC — Trademarks and Geographical Indications (US) , at paras 7.38, 7.102, 7.213, 7.238, 8.1(c), 8.1(d)(i), 8.1(h)(i) .

US — Section 211 Appropriations Act .

US — Section 110(5) Copyright Act .

WTO, United States — Section 211 Omnibus Appropriations Act of 1998: Status Report by the United States — Addendum , WT/DS176/11/Add.53 (13 April 2007) ; WTO, United States — Section 110(5) of the US Copyright Act: Status Report by the United States — Addendum , WT/DS160/24/Add.28 (13 April 2007) .

DSB, Minutes of Meeting Held on 20 February 2007 , WT/DSB/M/226 (26 March 2007), at paras 4–13, 22 .

Canada — Patent Term .

Canada — Pharmaceutical Patents .

Indonesia — Autos .

India — Patents (EC); India — Patents (US) .

Art 22.3 DSU.

WTO, United States — Subsidies on Upland Cotton: Recourse to Article 7.9 of the SCM Agreement and Article 22.2 of the DSU by Brazil , WT/DS267/26 (7 October 2005), at 2 .

Art 22.6 DSU.

Decision by the Arbitrators, EC — Bananas III (Ecuador) (Article 22.6 — EC) , at paras 126, 138, 173(d).

MC, Doha Work Programme: Ministerial Declaration Adopted on 18 December 2005 , WT/MIN(05)/DEC (22 December 2005) (Hong Kong Declaration), at para 45 .

TRIPS Council, Minutes of Meeting Held on 13 February 2007 , IP/C/M/53 (22 March 2007), at paras 62–64 .

K Lee and S von Lewinski , ‘The Settlement of International Disputes in the Field of Intellectual Property’ in Beier and Schricker , above fn 7, 278, at 313 .

TRIPS Council, Non-Violation and Situation Complaints: Summary Note by the Secretariat — Revision , IP/C/W/349/Rev.1 (24 November 2004), at paras 10–12 .

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Welcome to the e-TRIPS section on Reports by Developed Country Members on the implementation of TRIPS Art. 66.2 (re. Technology Transfer to LDCs)

Article 66.2 requires developed country Members to provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to LDC Members in order to enable them to create a sound and viable technological base. The Decision on Implementation of Article 66.2 of the TRIPS Agreement (document IP/C/28) provides that developed country Members shall annually submit reports on actions taken or planned in pursuance of their commitments under Article 66.2. To this end, they are to provide new detailed reports every third year and, in the intervening years, to provide updates to their most recent reports. These reports are to be submitted prior to the last Council meeting scheduled for the year in question.

The options below allow you to search through the database of Reports on the implementation of TRIPS Art. 66.2. In particular, you can: (i) search, retrieve and download relevant documents; and (ii) browse the list of Members having submitted relevant documents.

Climate change is a serious challenge facing countries. Least developed countries (LDCs) are the most vulnerable to climate change impacts due to a lack of adequate resources, particularly technological resources, required to mitigate/adapt to climate change impacts within their territories. Some international agreements recognize this technology challenge faced by LDCs and thus provide for technology transfer from developed countries to LDCs. One of such agreements is the Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS Agreement). Article 66.2 of the TRIPS Agreement specifically provides for technology transfer from developed countries to least developed countries. However, it is difficult to enforce this provision before the WTO adjudicatory bodies. This is because the provision is broadly worded, and this is exacerbated by the fact that the TRIPS agreement recognizes intellectual property rights (IPRs) as private rights. As a result, it may be difficult to compel state governments to transfer technology, especially where they do not have the relevant patent right or control of the technology or invention. Although it may be difficult to enforce Article 66.2 of the TRIPS agreement through WTO adjudicatory bodies, the provision has been recognized as binding.

At the meeting of the Council for TRIPS on 1st and 2nd December 1998, it was suggested that information should be requested from developed country members on how Article 66.2 was being implemented. This suggestion was adopted as a formal decision of the Council on 19th February 2003, and based on this, developed country members are required to submit annual reports on actions taken or planned in accordance with the provisions of Article 66.2 of the TRIPS agreement. Although this provision refers to technology transfer in general, developed countries also report on the transfer of climate technology. For example, the United Kingdom, through the programme , ‘Building Urban Resilience to Climate Change in Tanzania’, facilitates the transfer of technology in areas related to the use of survey drones and mapping instruments. Also, the United States runs a programme, Ambassador’s Water Expert Programme (AWEP) in Uganda. Under this programme, the US sends hydrologists to Uganda to provide technical assistance for water security amongst other objectives. Japan, through Japan International Cooperation Agency (JICA) runs a programme in Sudan, which is aimed at developing climate change resilient technologies for sustainable wheat production.

At the WTO annual TRIPS workshop in March 2021, Ambassador Ahmad Makaila of Chad , on behalf of the LDCs Group indicated that “modest progress has been made” with regards to technology transfer, including climate technology transfer, “but much remains to be done”. This raises a question that touches on the nature of developed countries’ obligations under Article 66.2 of the TRIPS agreement. For example, there is the question of whether the obligation of developed countries under Article 66.2 of TRIPS agreement is ad infinitum ? Unlike Article 66.1 of the TRIPS agreement, there is no timeline or completion date for the implementation of Article 66.2. However, a response to this can only be deduced from the provisions of Article 66.2 of the TRIPS agreement.

Article 66.2 of the TRIPS agreement expressly provides that:

‘Developed country members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country members in order to enable them to create a sound and viable technological base’.

It can be deduced from this provision that Article 66.2 of the TRIPS agreement is comprised of two parts, an obligation and an objective. The obligation is for developed countries to provide incentives to promote technology transfer’, while the objective is to ‘create a sound and viable technological base’. Based on the reports submitted by developed countries, this obligation is being implemented to an extent. Nonetheless, it is necessary to ask whether the objective of Article 66.2 of TRIPS agreement is being achieved. This leads to our main question: is the obligation under Article 66.2 of TRIPS agreement ad infinitum ? The answer to this question can be deduced from the second part, that is the objective, of Article 66.2 of the TRIPS agreement.

The objective for such incentives is to enable LDCs to set up ‘a sound and viable technological base’. Based on this, the obligation of developed countries to implement Article 66.2 ends when LDCs are able to ‘create a sound and viable technological base’. This raises further questions on the definition of a sound and viable technological base, who determines whether LDCs have attained a sound and viable base, and how long would it take for LDCs to have a sound and viable technological base? The answers to these questions lie with the LDCs as this depends on the extent to which LDCs assimilate the technology transferred by developed countries. This would require LDCs to report on technology transfer projects going on in their respective jurisdictions. Thus, Article 66.2 of the TRIPS agreement impliedly requires LDCs to report on whether the objective, sound, and viable technological base, has been achieved.

On the other hand, LDCs may be exempted from fulfilling the obligation of providing a report. Article 66.1 of the TRIPS agreement allows LDC members to submit a request for a transition period, this request exempts LDCs members from performing the obligations under the TRIPS agreement. Further to request from the LDC Group, the council of TRIPS extended the transition period from 1st July 2021 to 1st July 2034. This extension means that LDC members are not required to comply with any provision of the TRIPS agreement, except Articles 3,4 and 5. Despite this, there are a number of reasons why LDCs should submit a report pursuant to Article 66.2 of the TRIPS agreement.

Firstly, considering that developed countries spend several millions of dollars in pursuing an objective, it is important to know if the pursued objective is being achieved or not, and a report on this should not be based solely on reports submitted by developed countries. Secondly, an annual report from LDCs would prevent duplication of efforts and thus ensure that technology is transferred to areas where technical support is needed. Furthermore, a report from LDCs would promote transparency and accountability, and therefore ensure the sustainability of the projects or initiatives implemented by developed countries.

In conclusion, the transfer of technology is essential to address climate change concerns. Article 66.2 of the TRIPS agreement requires developed countries to provide incentives to facilitate the transfer of climate technology to LDCs. This obligation is not ad infinitum as it ends when the objective is achieved. The Council of TRIPS requires developed countries to produce an annual report on how Article 66.2 of the TRIPS agreement is implemented. However, there is a need to require LDCs to report on how achievements made under Article 66.2 of the TRIPS agreement is being sustained and the steps taken to establish a ‘sound and viable technological base’ based on the support provided by developed countries.

Frances Nwadike is a Ph.D. candidate at Newcastle University Law School.

Suggested citation: Frances Nwadike, Article 66.2 of TRIPS Agreement: LDCs and Technology Transfer, July 31, 2020, https://www.jurist.org/commentary/2021/07/frances-nwadike-trips-ldc/.

This article was prepared for publication by Vishwajeet Deshmukh , a JURIST staff editor. Please direct any questions or comments to her at [email protected]

WWI gas attack on Canadians led to first chemical weapons ban

On April 24, 1915, the German army used chlorine gas against Canadian troops at Ypres. Gas was later employed by British and French forces against the Germans. Learn more about early efforts by the Red Cross to ban chemical weapons and review the June 1925 Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases and of Bacteriological Methods of Warfare .

Library of Congress created

On April 24, 1800, U.S. President John Adams approved $5,000 to fund the establishment of the U.S. Library of Congress. Learn more about the history of the U.S. Library of Congress .

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Haut-Rhin Strasbourg in 6 Days: A Journey Through Art, History, and Charm

April 21, 2024 · 3 min read

Embark on a 6-day adventure through the historic and picturesque region of Haut-Rhin Strasbourg. Your journey begins with the quaint charm of Little Venice, where you'll spend an hour immersed in its characteristic neighborhoods and historic sites. Next, marvel at the architectural beauty of St Martin's Church before wandering through the vibrant streets of Vieux Colmar and Rue des Clefs. Day 2 invites you to explore the artistic treasures of the Unterlinden Museum, followed by a full day soaking in the quaint ambiance of the small town of Eguisheim. The cultural exploration continues on Day 3 with the Strasbourg Museum of Modern and Contemporary Art and the storybook district of Petite-France. Day 4 is a blend of spiritual and artistic enlightenment at the Cathedrale Notre Dame de Strasbourg and the Strasbourg Museum of Fine Arts, with a visit to the Alsatian Museum to delve into regional history. As your trip nears its end, Day 5 offers a peaceful retreat to the Palais du Rhin and the serene Le Jardin des Deux Rives. Conclude your memorable trip on Day 6 with a leisurely stroll through Parc de l’Orangerie and a glimpse into European politics at the European Parliament Strasbourg. This itinerary promises a rich tapestry of experiences, from historic landmarks to lush gardens, ensuring your time in Haut-Rhin Strasbourg is unforgettable.

Day 1: Enchanting Walk Through Colmar's Charms

Little Venice

Begin your Haut-Rhin adventure by stepping into the storybook world of Little Venice, a picturesque quarter that seems lifted from a fairy tale. With just an hour to immerse yourself in the charm of its historic sites, you'll wander past colorful half-timbered houses reflected in the calm waters of the Lauch river, creating a serene atmosphere that's perfect for those quintessential Colmar photographs.

Attraction Info

Quai de la Poissonnerie, 68000, Colmar, France
Suggested tour duration: 1-2 hour
Open 24 hours

Recommended Nearby Restaurants

St Martin's Church

Following the cobblestone path from the canals, find spiritual solace at St Martin's Church, a stone's throw away from Little Venice. This architectural marvel invites you for an hour of tranquility amidst its Gothic structures. The church stands as a testament to Colmar's historical depth, offering a peaceful retreat from the bustling streets and a chance to admire the intricate stained glass windows and towering spires.

18 Pl. de la Cathédrale, 68000 Colmar, France
Open on Mon-Sat,8:15am-5:45pm;Open on Sun,10:00am-7:00pm

Vieux Colmar

Next, let the allure of Vieux Colmar captivate you for a couple of hours. This characteristic neighborhood is the heart of the city, where the essence of Colmar's rich history and vibrant culture pulsates through its narrow lanes. Meander through the maze of streets, each turn revealing another enchanting vista, bustling market square, or cozy café, inviting you to sample local delicacies.

68000 Colmar, France
Suggested tour duration: 2-3 hour

Rue des Clefs

Conclude your day with a leisurely two-hour stroll down Rue des Clefs, Colmar's lively artery brimming with local shops and eateries. This characteristic neighborhood is a hub of activity where the spirit of Colmar comes alive. It's the perfect place to pick up souvenirs, enjoy a hearty Alsatian meal, and reflect on the day's journey through one of France's most captivating towns.

Where to Stay Tonight

My sweet homes - appartements avec spa, la maison des tetes.

Day 2: Artistic Marvels and Enchanting Eguisheim

Unterlinden Museum

Begin your second day with a cultural infusion at the Unterlinden Museum, a treasure trove of art nestled in the heart of Colmar. Spend a couple of hours marveling at the extensive collection that spans from the Middle Ages to modern art. Housed in a 13th-century Dominican convent, this museum is not just about the artworks; the architecture itself tells a story, blending the ancient with the contemporary in a seamless fashion.

1 Rue des Unterlinden, 68000 Colmar
Open on Mon, Wed-Sun,9:00am-6:00pm

After immersing yourself in the artistic wonders of the Unterlinden Museum, let the charm of Eguisheim captivate you for the remainder of the day. This picturesque small town, cradled in the Alsace wine region, is a labyrinth of narrow streets lined with colorful, timber-framed houses and floral displays. Take your time to explore and soak in the fairytale ambiance of Eguisheim, where every corner promises a postcard-perfect view.

Eguisheim, France
Suggested tour duration: 0.5-1 day

L'Hostellerie du Chateau

Les chambres du domaine.

Day 3: Artistic Explorations and Enchanting Petite-France

Strasbourg Museum of Modern and Contemporary Art

Begin your third day in Strasbourg with an inspiring visit to the Strasbourg Museum of Modern and Contemporary Art, a beacon of creativity nestled at 1 Pl. Hans-Jean-Arp. Allocate a good two hours to immerse yourself in the stunning collections that span from 1870 to the present day. The museum's sleek, glassy facade reflects its dedication to the new and the now, housing masterpieces that will challenge your perceptions and ignite your imagination. As you wander through the art gallery, allow the diverse array of paintings, sculptures, and photographic works to lead you on a journey through the evolution of modern art.

1 Pl. Hans-Jean-Arp, 67000 Strasbourg, France
Open on Tue-Fri,10:00am-1:00pm,2:00pm-6:00pm;Open on Sat-Sun,10:00am-6:00pm

Petite-France

After enriching your mind with modern art, spend the rest of your day getting lost in the storybook streets of Petite-France, the heart and soul of Strasbourg's historical charm. This fairy-tale quarter, with its half-timbered houses and flower-laden balconies, seems to have leaped straight out of a medieval manuscript. As you meander along the canals and cobblestone alleys, you'll find yourself enveloped in a timeless ambiance that invites you to explore every nook and cranny. Petite-France is not just a place to visit; it's an experience to be savored throughout the day, offering endless photo opportunities, quaint shops, and cozy bistros that beckon you to relax and watch the world go by.

La Petite France, 67000 Strasbourg

Hotel & Spa Regent Petite France

Pavillon regent petite france.

Day 4: Spiritual and Artistic Explorations in Strasbourg

Cathedrale Notre Dame de Strasbourg

Kicking off the fourth day amidst the gothic grandeur of Cathedrale Notre Dame de Strasbourg, visitors will be awestruck by its towering presence at Place de la Cathédrale. Dedicate an hour to marvel at the intricate façades, the astronomical clock, and the panoramic views from the platform. This historic site is not just a church; it's a testament to centuries of architectural brilliance and a beacon of Strasbourg's cultural heritage.

Place de la Cathédrale, 67000 Strasbourg
Open on Mon-Sat,8:30am-11:15am,12:45pm-5:45pm;Open on Sun,2:00pm-5:15pm

Strasbourg Museum of Fine Arts

Following the spiritual morning, art aficionados will find their paradise at the Strasbourg Museum of Fine Arts, located at 2 Pl. du Château. Spend a couple of hours immersed in the masterpieces of European art, ranging from the Middle Ages to contemporary works. The museum's collection is a visual feast, showcasing the evolution of art and the genius of the artists who have shaped our aesthetic history.

2 Pl. du Château, 67000 Strasbourg, France
Open on Mon, Wed-Fri,10:00am-1:00pm,2:00pm-6:00pm;Open on Sat-Sun,10:00am-6:00pm

Alsatian Museum

To cap off the day, a visit to the Alsatian Museum at 23-25 Quai Saint-Nicolas offers a deep dive into the local culture. Allocate two hours to wander through the rooms of this charming museum, which is housed in traditional Alsatian homes. Each exhibit tells a story of the region's rural life, crafts, and traditions, making it a perfect finale to a day spent appreciating the finer things in Strasbourg.

23-25 Quai Saint-Nicolas, 67000 Strasbourg, France

Hotel Beaucour

Hotel des tonneliers.

Day 5: Historical Splendor and Garden Serenity in Strasbourg

Palais du Rhin

Begin your day stepping into the grandeur of history at the Palais du Rhin. Nestled in the heart of Strasbourg, this architectural marvel stands as a testament to the city's rich past. With its imposing facade and intricate details, the palace invites visitors for an hour-long journey through time. Once the imperial residence, it now serves as a monument that echoes the tales of power and elegance that once filled its halls.

Palais du Rhin, 2 Place de la République, 67000 Strasbourg, 法国
Suggested tour duration: 1 hour
Open on Mon-Thu,9:00am-12:00pm,2:00pm-5:00pm;Open on Fri,9:00am-12:00pm,2:00pm-4:00pm

Le Jardin des Deux Rives

After delving into historical opulence, embrace the tranquility of nature at Le Jardin des Deux Rives. Spanning across the border of France and Germany, this picturesque landscape garden offers a botanical oasis for two hours of leisurely exploration. Stroll through the harmonious blend of flora, where the artistry of garden design creates a peaceful retreat from the bustling city life. The garden's unique location symbolizes the unity and friendship between the two nations, making it a significant and serene stop on your Strasbourg itinerary.

3 rue des Cavaliers, 67000, Strasbourg, France

Rosengarten

Hotelf1 strasbourg pont de l'europe.

Day 6: Serene Farewells and Political Insights in Strasbourg

Parc de l’Orangerie

Begin your final day with a tranquil stroll through Parc de l’Orangerie, the oldest park in Strasbourg. As the morning sun filters through ancient trees, enjoy the serene ambiance of this city oasis. With just an hour here, you can embrace the natural beauty, watch the local wildlife, and reflect on the memories made over the past days. Nestled in Rue de la Chouette, this park is not just a green retreat but a testament to Strasbourg's commitment to preserving nature amidst urban development.

Rue de la Chouette, 21000 Dijon
Suggested tour duration: 1-3 hour
Open from 7:00am-8:00pm

European Parliament Strasbourg

Conclude your Strasbourg journey with a visit to the European Parliament, a symbol of unity and democracy. Located just a short journey from the city park, this architectural marvel represents a significant seat of political power. Spend an hour exploring the exterior and learning about the European Union's legislative functions. The European Parliament in Strasbourg stands as a beacon of modern governance, and visiting it adds a layer of depth to your understanding of Europe's heart. Its presence in Rue des Forges marks a fitting end to your Haut-Rhin adventure.

Rue des Forges, 21000 Dijon
Open on Mon-Sat,9:30am-11:59pm

Residence Inn Strasbourg

Ac hotel strasbourg.

* All user reviews in this article have been translated by machine.

* The information above is subject to change at any time. For the latest information, please check the websites of hotels and attractions.

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Preview part of the collection of the State Tretyakov Gallery at its website.
Learn more about the Moscow Kremlin .
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Andrey Monastyrsky on the Moscow Archive of New Art (MANI)

In late 1975 or early 1976, the three of us Nikita Alexeev, Lev Rubinstein, and me were at Irina Nakhova apartment on Malaya Gruzinskaya Street in Moscow, sitting and talking about how good it would be to create a magazine on unofficial art. It was during this conversation that the name for such a magazine was first mentioned. I don't remember who, but one of us said the word archive of new art. I think it was Rubinstein, as at the time he was involved with some sort of archive. On that day we didnt take it anyway further, other than coming up with that name: the Moscow Archive of New Art (MANI).

Collective Actions first started its activity in March 1976. By the end of 1980, I completed the first volume of Trips Out of Town , which comprised documentation of the group's actions. I collected materials and developed a structure that included extensive descriptions and firsthand accounts of those who were involved, made a list of artists, wrote a foreword, etc. I was a kind of accountant, as I wasn't just an editor, but a publisher and printer as well. I printed the texts for all four volumes, Nikolai Panitkov bound the four books that were produced, and I glued the photographs into them.

After the first volume of Trips I still felt an itch. It was an interesting experience, and I remembered MANI, the Moscow Archive of New Art. I started discussing a possible form for the publication with Ilya Kabakov and Nikita Alexeev. Andrei Monastyrsky

After the first volume of Trips I still felt an itch. It was an interesting experience, and I remembered MANI, the Moscow Archive of New Art. I started discussing a possible form for the publication with Ilya Kabakov and Nikita Alexeev. As the name contained the word archive we were open to doing something other than an ordinary magazine. Then it became clear that MANI should also comrpise four volumes, like Trips Out of Town. Finally, we decided that MANI should be a folder. Maybe Panitkov suggested it, or maybe me, or Kabakov or Nikita. I don't remember now. Anyway, MANI had a format and this format was a folder.

I began putting together a list of those, who would go into the folder. I did this on my own just because I liked this work and no one else wanted to do it: everyone was busy with their own things. I was very strict in my choice of participants. I only picked those I liked, and that is why there are very few artists in the first MANI folder. I chose a theme that interested me: those artists who worked mostly with text (although there were also some photographs). I agreed with the artistsóIlya Kabakov, Erik Bulatov, Oleg Vassiliev, and Ivan Chuikovóthat they would select works for the volume and asked them to let me have a small amount of money for photography. George Kiesewalter played an important technical role: photographing, developing, and printing. After I had everything ready, Panitkov made a beautiful case in which I placed all of the envelopes containing texts and photographs.

I was criticized for my discriminating approach and voluntarism, for excluding too many artists. The next folder, which was made by Vadim Zakharov and Viktor Skersis, included over forty people. Skersis and Zakharov didnít only expand the list, but selected an easier format: the case was replaced by a regular cardboard folder.

Our circle already existed: the archive wouldn't have happened if there hadn't been a circle. It formed around Collective Actions and the discussions we had about the actions. This is obvious if we look at photographs from the time. All the people who defined our circle appear in the documentation for the first volume of Trips Out of Town. There were also one-off events where everyone gathered: one-day shows at Kuznetsky Most exhibition hall or at the City Committee of Graphic Artists on Malaya Gruzinskaya Street. But there wasnít a single cluster of texts. First the Trips, then the first MANI volume became the key publications that defined the circle, representing the time and recording the discourse. That turned out to be of importance to everyone and so we continued to work on compiling MANI folders.

Each folder was made in an edition of four. Ilya Kabakov and I had the right to retain a copy: that is why we had the complete series. I believe Anatoly Zhigalov and Natalia Abalakova also had the full set. One copy of each edition was always changing hands. The only folder I didnít have was the last, fifth folder, which Toadstool group and Kiesewalter started working on together. The Toadstools eventually gave up, but George finished it. My copy is in the Zimmerli Art Museum collection.

A-Ya magazine, which included articles on Soviet unofficial art, was first published in Paris in 1979. The first MANI folder was completed in February 1981. If we compare the two, there are, of course, differences. The folder format is reminiscent of the portfolio of manuscripts submitted to a magazine, a material resource for a forthcoming publication prepared for future analysis. The other difference is that, unlike an archive, which contained objects, a magazine has neither original photographs nor physical objects. All of this was included in MANI. For example, my object Spool (1982) was specially made in an edition of four to go inside each folder. Gennady Donskoi made a secret object that was presented inside a sealed envelope. Nikita Alexeev included his absurdist advertisements on thick paper with his telephone number on them. The significant features found in MANI are its materiality, objecthood, and texture.

The most precious things in any archive are contained in objects: the color and scent of paper from, say, 1976 or the particular aesthetics of a typescript. In this sense, any archival document is priceless. All these handwritten notes, stains, and creases represent a time. An archive delivers us the plastic nature and the reality of time, its materiality.

Andrei Monastyrsky (b. 1949, Petsamo, Russia) lives and works in Moscow. He is the leader of the Moscow Conceptual School. In 1980, he graduated in philology from Moscow State University. One of the founders of the group Collective Actions (1976), he became its chief ideologist and the author of most of its actions. Together with Vadim Zakharov and Yuri Leiderman, he participated in the groups Kapiton (2008-2010) and Corbusier (2009-2010). Solo exhibitions include: Empty Zones: Andrei Monastyrsky and Collective Actions, Russian Pavilion, 54th Venice Biennale, Venice (2011); Out of Town: Andrei Monastyrsky & Collective Actions, e-flux, New York (2011); Andrei Monastyrsky, Moscow Museum of Modern Art, Moscow (2010); and Earthworks, Stella Art Gallery, Moscow (2005). Group exhibitions include: Russian Performance: A Cartography of Its History, Garage Museum of Contemporary Art, Moscow (2014); 52nd Venice Biennale, Venice (2007); Documenta 12, Kassel (2007); and 50th Venice Biennale, Venice (2003). He has been awarded the Andrei Bely Prize (Russia, 2003) and the Innovation Prize (Russia, 2009).

Northlandz in New Jersey is home to world's largest model train railroad

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On this edition of One Tank Trips , Action News visited a popular family attraction that's home to the world's largest model train railroad.

Northlandz spreads over 16 acres and has thousands of handcrafted miniature structures.

The site is located in Flemington, New Jersey, which is less than an hour and a half from Philadelphia.

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40 facts about elektrostal.

Written by Lanette Mayes

Modified & Updated: 02 Mar 2024

Reviewed by Jessica Corbett

Elektrostal is a vibrant city located in the Moscow Oblast region of Russia. With a rich history, stunning architecture, and a thriving community, Elektrostal is a city that has much to offer. Whether you are a history buff, nature enthusiast, or simply curious about different cultures, Elektrostal is sure to captivate you.

This article will provide you with 40 fascinating facts about Elektrostal, giving you a better understanding of why this city is worth exploring. From its origins as an industrial hub to its modern-day charm, we will delve into the various aspects that make Elektrostal a unique and must-visit destination.

So, join us as we uncover the hidden treasures of Elektrostal and discover what makes this city a true gem in the heart of Russia.

Key Takeaways:

Elektrostal, known as the “Motor City of Russia,” is a vibrant and growing city with a rich industrial history, offering diverse cultural experiences and a strong commitment to environmental sustainability.
With its convenient location near Moscow, Elektrostal provides a picturesque landscape, vibrant nightlife, and a range of recreational activities, making it an ideal destination for residents and visitors alike.

Known as the “Motor City of Russia.”

Elektrostal, a city located in the Moscow Oblast region of Russia, earned the nickname “Motor City” due to its significant involvement in the automotive industry.

Home to the Elektrostal Metallurgical Plant.

Elektrostal is renowned for its metallurgical plant, which has been producing high-quality steel and alloys since its establishment in 1916.

Boasts a rich industrial heritage.

Elektrostal has a long history of industrial development, contributing to the growth and progress of the region.

Founded in 1916.

The city of Elektrostal was founded in 1916 as a result of the construction of the Elektrostal Metallurgical Plant.

Located approximately 50 kilometers east of Moscow.

Elektrostal is situated in close proximity to the Russian capital, making it easily accessible for both residents and visitors.

Known for its vibrant cultural scene.

Elektrostal is home to several cultural institutions, including museums, theaters, and art galleries that showcase the city’s rich artistic heritage.

A popular destination for nature lovers.

Surrounded by picturesque landscapes and forests, Elektrostal offers ample opportunities for outdoor activities such as hiking, camping, and birdwatching.

Hosts the annual Elektrostal City Day celebrations.

Every year, Elektrostal organizes festive events and activities to celebrate its founding, bringing together residents and visitors in a spirit of unity and joy.

Has a population of approximately 160,000 people.

Elektrostal is home to a diverse and vibrant community of around 160,000 residents, contributing to its dynamic atmosphere.

Boasts excellent education facilities.

The city is known for its well-established educational institutions, providing quality education to students of all ages.

A center for scientific research and innovation.

Elektrostal serves as an important hub for scientific research, particularly in the fields of metallurgy, materials science, and engineering.

Surrounded by picturesque lakes.

The city is blessed with numerous beautiful lakes, offering scenic views and recreational opportunities for locals and visitors alike.

Well-connected transportation system.

Elektrostal benefits from an efficient transportation network, including highways, railways, and public transportation options, ensuring convenient travel within and beyond the city.

Famous for its traditional Russian cuisine.

Food enthusiasts can indulge in authentic Russian dishes at numerous restaurants and cafes scattered throughout Elektrostal.

Home to notable architectural landmarks.

Elektrostal boasts impressive architecture, including the Church of the Transfiguration of the Lord and the Elektrostal Palace of Culture.

Offers a wide range of recreational facilities.

Residents and visitors can enjoy various recreational activities, such as sports complexes, swimming pools, and fitness centers, enhancing the overall quality of life.

Provides a high standard of healthcare.

Elektrostal is equipped with modern medical facilities, ensuring residents have access to quality healthcare services.

Home to the Elektrostal History Museum.

The Elektrostal History Museum showcases the city’s fascinating past through exhibitions and displays.

A hub for sports enthusiasts.

Elektrostal is passionate about sports, with numerous stadiums, arenas, and sports clubs offering opportunities for athletes and spectators.

Celebrates diverse cultural festivals.

Throughout the year, Elektrostal hosts a variety of cultural festivals, celebrating different ethnicities, traditions, and art forms.

Electric power played a significant role in its early development.

Elektrostal owes its name and initial growth to the establishment of electric power stations and the utilization of electricity in the industrial sector.

Boasts a thriving economy.

The city’s strong industrial base, coupled with its strategic location near Moscow, has contributed to Elektrostal’s prosperous economic status.

Houses the Elektrostal Drama Theater.

The Elektrostal Drama Theater is a cultural centerpiece, attracting theater enthusiasts from far and wide.

Popular destination for winter sports.

Elektrostal’s proximity to ski resorts and winter sport facilities makes it a favorite destination for skiing, snowboarding, and other winter activities.

Promotes environmental sustainability.

Elektrostal prioritizes environmental protection and sustainability, implementing initiatives to reduce pollution and preserve natural resources.

Home to renowned educational institutions.

Elektrostal is known for its prestigious schools and universities, offering a wide range of academic programs to students.

Committed to cultural preservation.

The city values its cultural heritage and takes active steps to preserve and promote traditional customs, crafts, and arts.

Hosts an annual International Film Festival.

The Elektrostal International Film Festival attracts filmmakers and cinema enthusiasts from around the world, showcasing a diverse range of films.

Encourages entrepreneurship and innovation.

Elektrostal supports aspiring entrepreneurs and fosters a culture of innovation, providing opportunities for startups and business development.

Offers a range of housing options.

Elektrostal provides diverse housing options, including apartments, houses, and residential complexes, catering to different lifestyles and budgets.

Home to notable sports teams.

Elektrostal is proud of its sports legacy, with several successful sports teams competing at regional and national levels.

Boasts a vibrant nightlife scene.

Residents and visitors can enjoy a lively nightlife in Elektrostal, with numerous bars, clubs, and entertainment venues.

Promotes cultural exchange and international relations.

Elektrostal actively engages in international partnerships, cultural exchanges, and diplomatic collaborations to foster global connections.

Surrounded by beautiful nature reserves.

Nearby nature reserves, such as the Barybino Forest and Luchinskoye Lake, offer opportunities for nature enthusiasts to explore and appreciate the region’s biodiversity.

Commemorates historical events.

The city pays tribute to significant historical events through memorials, monuments, and exhibitions, ensuring the preservation of collective memory.

Promotes sports and youth development.

Elektrostal invests in sports infrastructure and programs to encourage youth participation, health, and physical fitness.

Hosts annual cultural and artistic festivals.

Throughout the year, Elektrostal celebrates its cultural diversity through festivals dedicated to music, dance, art, and theater.

Provides a picturesque landscape for photography enthusiasts.

The city’s scenic beauty, architectural landmarks, and natural surroundings make it a paradise for photographers.

Connects to Moscow via a direct train line.

The convenient train connection between Elektrostal and Moscow makes commuting between the two cities effortless.

A city with a bright future.

Elektrostal continues to grow and develop, aiming to become a model city in terms of infrastructure, sustainability, and quality of life for its residents.

In conclusion, Elektrostal is a fascinating city with a rich history and a vibrant present. From its origins as a center of steel production to its modern-day status as a hub for education and industry, Elektrostal has plenty to offer both residents and visitors. With its beautiful parks, cultural attractions, and proximity to Moscow, there is no shortage of things to see and do in this dynamic city. Whether you’re interested in exploring its historical landmarks, enjoying outdoor activities, or immersing yourself in the local culture, Elektrostal has something for everyone. So, next time you find yourself in the Moscow region, don’t miss the opportunity to discover the hidden gems of Elektrostal.

Q: What is the population of Elektrostal?

A: As of the latest data, the population of Elektrostal is approximately XXXX.

Q: How far is Elektrostal from Moscow?

A: Elektrostal is located approximately XX kilometers away from Moscow.

Q: Are there any famous landmarks in Elektrostal?

A: Yes, Elektrostal is home to several notable landmarks, including XXXX and XXXX.

Q: What industries are prominent in Elektrostal?

A: Elektrostal is known for its steel production industry and is also a center for engineering and manufacturing.

Q: Are there any universities or educational institutions in Elektrostal?

A: Yes, Elektrostal is home to XXXX University and several other educational institutions.

Q: What are some popular outdoor activities in Elektrostal?

A: Elektrostal offers several outdoor activities, such as hiking, cycling, and picnicking in its beautiful parks.

Q: Is Elektrostal well-connected in terms of transportation?

A: Yes, Elektrostal has good transportation links, including trains and buses, making it easily accessible from nearby cities.

Q: Are there any annual events or festivals in Elektrostal?

A: Yes, Elektrostal hosts various events and festivals throughout the year, including XXXX and XXXX.

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Vacations that ended tragically for travelers inside and outside of the US

Florida and mexico are two destinations where vacationers traveled to before tragically passing on their trips.

PI who works kidnapping cases in Mexico talks about dangers of spring break trips

Jay Armes III, a private investigator, gives his tips for a safe trip to Mexico.

Weekly, Americans take off of work to take a break from life's responsibilities and travel the country and the world.

Unfortunately, some individuals never made it home from their getaway. After arriving at a tropical destination for a relaxing vacation, tragedy has unfortunately struck for various friends, families and couples who were visiting parts of the world.

These are the stories of eight travelers whose bodies were found during their vacations.

These crimes happened while travelers were on vacation. (iStock)

THE ROLE OF FORENSIC SCIENCE IN SOLVING TRUE CRIME CASES

Susan Jacques, Florida
Sativa Transue, Mexico
Mark Kilroy, Mexico
Elijah Snow, Mexico
Nathaniel Holmes and Cynthia Ann Day, Dominican Republic
Monica Beresford-Redman, Mexico
Abby Lutz and John Heathco, Mexico
David and Rosaline Foster, Caribbean

1. Susan Jacques, Florida

Susan Jacques was one member of a group of high school students traveling from Connecticut to Fort Lauderdale, Florida, for spring break in April 1986.

Jacques was 18 at the time she disappeared one night from her motel, and her body was found three days later, about 35 miles away, floating in a canal west of Delray Beach, according to the South Florida Sun-Sentinel.

When she was found, her body was fully clothed, and she was wearing expensive jewelry. A year later, the Sun-Sentinel reported that her death was still unsolved. Today, it appears the murder is still a mystery to police.

2. Sativa Transue, Mexico

In November 2021, during Thanksgiving weekend, Sativa Transue traveled to Mexico with her boyfriend, Taylor Allen.

She was reportedly found "beaten to a bloody pulp" the day after they arrived. Her body was found by a maid in her hotel room.

On a crowdfunding webpage Sativa's sister Mykayla Bolieu set up, Bolieu wrote that she was contacted by Sativa the day before Sativa died, saying Sativa and Allen had gotten into an argument.

4 SHOCKING TRUE CRIME MYSTERIES THROUGHOUT HISTORY FROM THE ‘ZODIAC KILLER’ TO THE ‘BLACK DAHLIA’

"Her boyfriend and her at some point had gotten into an altercation and stitches were needed for Sativa. She couldn’t recall what happened," Bolieu wrote.

Allen was arrested for femicide by Mexican authorities, according to the Transue family. Transue was 26 years old when she was killed on vacation with her boyfriend and her death was ruled a homicide.

It is believed that Allen remains in prison in Mexico.

3. Mark Kilroy, Mexico

Mark Kilroy from Austin, Texas, was killed in March 1989 on a spring break trip to Matamoros, Mexico, he took while a student at University of Texas at Austin.

During his junior year of college studying pre-med, he went on a trip with a group of friends. On the trip, he was kidnapped, tortured and murdered in a sacrifice ritual by a Mexican cult.

His body was found in April 1989.

""It was a Mexican drug smuggling satanic cult, and they were looking for a white spring breaker that particular night, and Mark was at the wrong place at the wrong time," Ryan Fenley, Kilroy's friend, told Fox 7 Austin in March . "They took him to a ranch right outside of Matamoros, which is owned by a cartel, and pretty much slaughtered him."

Several books, including one written by his father, Jim Kilroy, titled "Sacrifice: The Tragic Cult Murder of Mark Kilroy in Matamoros: A Father's Determination to Turn Evil Into Good", have been written about Mark's death.

A second book about his death is titled "Hell Ranch: The Nightmare Tale of Voodoo, Drugs, and Death in Matamoros".

Mark Kilroy was 21 when he was murdered during a spring break trip to Mexico in March 1989. (Associated Press)

4. Elijah Snow, Mexico

On July 18, 2021, Texas firefighter Elijah Snow was celebrating his 10-year anniversary with his wife Jamie in Cancun, Mexico.

He didn't return to his hotel room, alarming his wife and prompting her to call the Mexican police. The next day, he was found stuffed in a small window at another hotel.

Snow was last seen on the hotel's video footage taking the stairs versus the elevator.

Officials in the Mexican state of Quintana Roo said he died of mechanical asphyxiation after being trapped in the window in a bathroom, according to NBC News. Randy Elledge, Snow's father-in-law, and the Snow family's attorney obtained photos from the crime scene showing he had been beaten over a large portion of his body. Cash from his wallet was also allegedly missing.

Photos of Snow's body were later released.

In 2022, Snow's wife filed a lawsuit against the resort and a local travel agency who helped the couple book the trip.

5. Nathaniel Holmes and Cynthia Ann Day, Dominican Republic

Nathaniel Holmes and his girlfriend, Cynthia Ann Day, were a Maryland couple traveling to the Dominican Republic in late May 2019. The pair were found dead in the room of their resort by a staff member in June 2019 after reportedly suffering respiratory failure. Autopsy reports showed the couple suffered internal bleeding, including in their pancreases, and pulmonary edema.

There were a number of other tourist deaths in the Dominican Republic the same summer the couple was found.

GO HERE FOR MORE TRUE CRIME FROM FOX NEWS DIGITAL

6. Monica Beresford-Redman, Mexico

Monica Beresford-Redman's naked body was found dumped in a sewage tank at a hotel in Mexico in April 2010 after her husband reported her missing.

Her husband, Bruce Beresford-Redman, a former "Survivor" producer, was arrested after her body was recovered two days after her disappearance, on April 8, in a sewer at the Moon Palace resort.

Beresford-Redman was convicted of beating and strangling his wife 2015. He was released from prison after serving 7½ years of a twelve-year sentence in 2019, NBC Los Angeles reported. He returned to California in the summer of 2020 to live with his mother and two children. The kids were 5 and 3 at the time of their mother's death.

7. Abby Lutz and John Heathco, Mexico

The bodies of Abby Lutz and John Heathco were discovered by housekeepers on June 13, 2023, at the Rancho Pescadero hotel in El Pescadero, according to KABC.

Lutz was 28 and Heathco was 41 at the time of their deaths.

Local police, at the time, believed the couple died from inhaling toxic gas. The autopsies revealed they died of "intoxication by an undetermined substance," according to prosecutors in Mexico’s Baja California Sur state.

Lutz's stepsister, Gabrielle Slate, said the couple complained of food poisoning before they passed. The hotel temporarily closed on June 18 pending an ongoing investigation following the couple's deaths.

Prosecutors believed the two had been dead for 11 to 12 hours before their bodies were discovered by the housekeepers and said there was no sign of violence. They were dead by the time paramedics arrived.

8. David and Rosaline Foster, Caribbean

An elderly British couple were found dead on L'Esterre Paradise Beach on March 9, 2024 on the Island of Carriacou, the Royal Grenada Police Force said in a statement.

David, 76, and Rosaline Foster, 77, died while vacationing in the Caribbean.

Police found David lying in the sand, and he was pronounced dead there by a doctor. Rosaline was rushed to Princess Royal Hospital, examined and pronounced dead.

Marica van der Meer/Arterra/Universal Images Group via Getty Images

An older couple was suspected to have drowned while in the Caribbean for vacation. (Marica van der Meer/Arterra/Universal Images Group via Getty Images)

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Local reports pointed to drowning as a possible reason for the couple's death. They believed David had a heart attack and Rosaline drowned trying to save him, but the exact details are unknown.

Police launched an investigation into the couple's deaths, but details of it are presently unknown.

Ashlyn Messier is a writer for Fox News Digital.

The hottest stories ripped from the headlines, from crime to courts, legal and scandal.

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When it comes to government planes and political trips, who pays for a president's campaign travel?

WASHINGTON — It’s no simple matter to move the commander in chief from point A to B, and it’s even more complicated when the president is seeking a second term.

President Joe Biden recently spent three days in Pennsylvania , a pivotal state in the 2024 campaign, and he plans to be in Virginia and Florida this coming week. The Democratic incumbent is seeking an edge over Republican Donald Trump as he ramps up his travels around the country.

Here’s a look at how much it costs and who pays the bill during the campaign season.

HOW MUCH DOES IT COST?

It’s not cheap to fly the president’s fleet.

The White House uses Sikorsky helicopters known as Marine One when the president is aboard, as well as custom Boeing 747s that are immediately recognizable as the iconic humpback Air Force One. (Sometimes the president uses a more modest modified 757 if his destination is nearby or if a runway isn’t long enough to accommodate the bigger plane.)

Marine One costs between $16,700 and almost $20,000 per hour to operate, according to Pentagon data for the 2022 budget year. Air Force One is even more expensive: roughly $200,000 per hour.

But those figures only scratch the surface of the real cost. There also are military cargo planes that travel ahead of the president to make sure his armored limousines are in place, not to mention the enormous security apparatus that follows the president everywhere.

New aircraft are in the works because the current versions are decades old. Sikorsky is producing 23 updated helicopters to serve as Marine One. Boeing is building two new Air Force One planes , and they are scheduled to be finished by 2028. According to the Pentagon, the planes will come with all enhancements, including “a mission communication system,” a “self-defense system” and even “autonomous baggage loading.”

WHO PAYS FOR THE TRAVEL?

When the president flies for political purposes, the campaign is supposed to pay the bill. But during an election year, the line between governing and campaigning can be fuzzy.

For example, Biden held an official event Wednesday in Pittsburgh, where he announced his proposal for higher tariffs on steel imported from China. The event, however, was a not-so-subtle opportunity for the president to rub shoulders with union members who are critical to his reelection, and he jabbed at Trump in his remarks. (At one point Biden joked that the former president was “busy right now,” a reference to the hush money trial that recently got underway in New York.)

It’s up to the White House counsel’s office to figure out what percentage of the president’s travels are campaign related. That determines how much the federal government should be reimbursed by the Biden campaign. Sometimes the calculations aren’t straightforward, such as when the White House adds an official event to an otherwise political trip.

Norm Eisen, a White House ethics lawyer under President Barack Obama, said both Republicans and Democrats have usually hewed closely to regulations.

“We had a set of rules on how to do the allocations,” he said. “They’re intricate, and we stuck to them.”

No matter what, taxpayers end up on the hook for most of the cost. Campaigns do not pay for all the Secret Service agents and the rest of the security apparatus. In fact, they usually only cover the cost of Air Force One passengers who are flying for explicitly political purposes — sort of like buying a ticket on a particularly exclusive private jet.

HOW MUCH HAS BIDEN PAID?

Biden’s campaign and his joint fundraising committee have been stockpiling travel cash in an escrow account maintained by the Democratic National Committee. From January 2023 until the end of last month, they deposited nearly $6.5 million.

Some of that money goes to general campaign logistics, such as staff expenses and advance work. The account is also used to reimburse the federal government for official aircraft used to transport the president, the first lady, the vice president and the second gentleman when they travel for the reelection effort.

So far, not much money has found its way back to the U.S. Treasury. As of the latest data available, just $300,000 has been provided.

It’s safe to assume that Biden’s campaign will end up forking over much more than that once the campaign is over. Trump’s team reimbursed the federal government nearly $4.7 million for travel expenses during the 2020 race.

But Biden probably won’t have trouble covering his bills. His campaign and the DNC had more than $192 million in cash on hand at the end of March.

AP White House Correspondent Zeke Miller contributed to this report.

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Rowan football coach Jay Accorsi retires after 22 seasons, 4 trips to NCAA Division III Final Four

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GLASSBORO, N.J. (AP) — Jay Accorsi, the Rowan University football program’s all-time leader in victories, has announced his retirement as head football coach after 22 seasons.

The Division III school in south New Jersey announced the retirement of the longest-tenured head coach in the program’s history on Friday. There was no mention of who would replace him.

Accorsi posted a 143-78 record with seven shared or outright New Jersey Athletic Conference titles and seven appearances in the NCAA Division III Championships. The Profs advanced to the NCAA semifinals in 2004-05. His teams had a .500 or better record 17 times, including the past two seasons, and an overall record of 103-54 in NJAC games.

A native of Somers, Connecticut, and an alumnus of Nichols College in Massachusetts, Accorsi received NJAC Coach of the Year honors five times — 2014, 2013, 2005, 2004, and 2002 — and earned the Maxwell Football Club Tri-State Coach of the Year award in 2005.

AP college football: https://apnews.com/hub/college-football and https://apnews.com/hub/ap-top-25-college-football-poll

WORLD TRADE ORGANIZATION

legal texts

URUGUAY ROUND AGREEMENT: TRIPS

Part VII — Institutional arrangements; final provisions

PART I General Provisions and Basic Principles
PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights
1. Copyright and Related Rights
2. Trademarks
3. Geographical Indications
4. Industrial Designs
6. Layout-Designs (Topographies) of Integrated Circuits
7. Protection of Undisclosed Information
8. Control of Anti-Competitive Practices in Contractual Licences
PART III Enforcement of Intellectual Property Rights
1. General Obligations
2. Civil and Administrative Procedures and Remedies
3. Provisional Measures
4. Special Requirements Related to Border Measures
5. Criminal Procedures
PART IV Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures
PART V Dispute Prevention and Settlement
PART VI Transitional Arrangements
PART VII Institutional Arrangements; Final Provisions

Article 68 Council for Trade-Related Aspects of Intellectual Property Rights

The Council for TRIPS shall monitor the operation of this Agreement and, in particular, Members’ compliance with their obligations hereunder, and shall afford Members the opportunity of consulting on matters relating to the trade-related aspects of intellectual property rights. It shall carry out such other responsibilities as assigned to it by the Members, and it shall, in particular, provide any assistance requested by them in the context of dispute settlement procedures. In carrying out its functions, the Council for TRIPS may consult with and seek information from any source it deems appropriate. In consultation with WIPO, the Council shall seek to establish, within one year of its first meeting, appropriate arrangements for cooperation with bodies of that Organization.

Article 69 International Cooperation

Members agree to cooperate with each other with a view to eliminating international trade in goods infringing intellectual property rights. For this purpose, they shall establish and notify contact points in their administrations and be ready to exchange information on trade in infringing goods. They shall, in particular, promote the exchange of information and cooperation between customs authorities with regard to trade in counterfeit trademark goods and pirated copyright goods.

Article 70 Protection of Existing Subject Matter

1. This Agreement does not give rise to obligations in respect of acts which occurred before the date of application of the Agreement for the Member in question.

2. Except as otherwise provided for in this Agreement, this Agreement gives rise to obligations in respect of all subject matter existing at the date of application of this Agreement for the Member in question, and which is protected in that Member on the said date, or which meets or comes subsequently to meet the criteria for protection under the terms of this Agreement. In respect of this paragraph and paragraphs 3 and 4, copyright obligations with respect to existing works shall be solely determined under Article 18 of the Berne Convention (1971), and obligations with respect to the rights of producers of phonograms and performers in existing phonograms shall be determined solely under Article 18 of the Berne Convention (1971) as made applicable under paragraph 6 of Article 14 of this Agreement.

3. There shall be no obligation to restore protection to subject matter which on the date of application of this Agreement for the Member in question has fallen into the public domain.

4. In respect of any acts in respect of specific objects embodying protected subject matter which become infringing under the terms of legislation in conformity with this Agreement, and which were commenced, or in respect of which a significant investment was made, before the date of acceptance of the WTO Agreement by that Member, any Member may provide for a limitation of the remedies available to the right holder as to the continued performance of such acts after the date of application of this Agreement for that Member. In such cases the Member shall, however, at least provide for the payment of equitable remuneration.

5. A Member is not obliged to apply the provisions of Article 11 and of paragraph 4 of Article 14 with respect to originals or copies purchased prior to the date of application of this Agreement for that Member.

6. Members shall not be required to apply Article 31, or the requirement in paragraph 1 of Article 27 that patent rights shall be enjoyable without discrimination as to the field of technology, to use without the authorization of the right holder where authorization for such use was granted by the government before the date this Agreement became known.

7. In the case of intellectual property rights for which protection is conditional upon registration, applications for protection which are pending on the date of application of this Agreement for the Member in question shall be permitted to be amended to claim any enhanced protection provided under the provisions of this Agreement. Such amendments shall not include new matter.

8. Where a Member does not make available as of the date of entry into force of the WTO Agreement patent protection for pharmaceutical and agricultural chemical products commensurate with its obligations under Article 27, that Member shall:

(a) notwithstanding the provisions of Part VI, provide as from the date of entry into force of the WTO Agreement a means by which applications for patents for such inventions can be filed;

(b) apply to these applications, as of the date of application of this Agreement, the criteria for patentability as laid down in this Agreement as if those criteria were being applied on the date of filing in that Member or, where priority is available and claimed, the priority date of the application; and

(c) provide patent protection in accordance with this Agreement as from the grant of the patent and for the remainder of the patent term, counted from the filing date in accordance with Article 33 of this Agreement, for those of these applications that meet the criteria for protection referred to in subparagraph (b).

9. Where a product is the subject of a patent application in a Member in accordance with paragraph 8(a), exclusive marketing rights shall be granted, notwithstanding the provisions of Part VI, for a period of five years after obtaining marketing approval in that Member or until a product patent is granted or rejected in that Member, whichever period is shorter, provided that, subsequent to the entry into force of the WTO Agreement, a patent application has been filed and a patent granted for that product in another Member and marketing approval obtained in such other Member.

Article 71 Review and Amendment

1. The Council for TRIPS shall review the implementation of this Agreement after the expiration of the transitional period referred to in paragraph 2 of Article 65. The Council shall, having regard to the experience gained in its implementation, review it two years after that date, and at identical intervals thereafter. The Council may also undertake reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement.

2. Amendments merely serving the purpose of adjusting to higher levels of protection of intellectual property rights achieved, and in force, in other multilateral agreements and accepted under those agreements by all Members of the WTO may be referred to the Ministerial Conference for action in accordance with paragraph 6 of Article X of the WTO Agreement on the basis of a consensus proposal from the Council for TRIPS.

Article 72 Reservations

Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.

Article 73 Security Exceptions

Nothing in this Agreement shall be construed:

(a) to require a Member to furnish any information the disclosure of which it considers contrary to its essential security interests; or

(b) to prevent a Member from taking any action which it considers necessary for the protection of its essential security interests;

(i) relating to fissionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

(iii) taken in time of war or other emergency in international relations; or

(c) to prevent a Member from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

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Country Living

The 8 Coolest Train Trips You Can Take

Posted: April 24, 2024 | Last updated: April 24, 2024

<p>With air travel continuing to be more and more unstable, many are reverting to the old ways of transportation for their next getaway—<a href="https://www.countryliving.com/life/travel/a44174207/us-road-trip-perfect-70-degree-weather/">road trips</a>, cruises, and, yes, <a href="https://www.countryliving.com/life/travel/g4742/fall-foliage-train-rides/">train travel</a>. Both in the United States and worldwide, there are many scenic routes that are worth the lengthier journey. Imagine hopping on and off a train between vineyards in Napa, ascending more than 10,000 feet for a stellar view of one of the world’s most famous mountains, or enjoying a murder mystery-themed train that doesn't skimp on either luxury or entertainment.</p><p>Whatever your preferred journey may be, these eight train trips are definitely bucket list-worthy.</p>

With air travel continuing to be more and more unstable, many are reverting to the old ways of transportation for their next getaway— road trips , cruises, and, yes, train travel . Both in the United States and worldwide, there are many scenic routes that are worth the lengthier journey. Imagine hopping on and off a train between vineyards in Napa, ascending more than 10,000 feet for a stellar view of one of the world’s most famous mountains, or enjoying a murder mystery-themed train that doesn't skimp on either luxury or entertainment.

Whatever your preferred journey may be, these eight train trips are definitely bucket list-worthy.

<p>Switzerland is synonymous with train travel, thanks in part to the impeccably clean coaches, reliably accurate timetables, and striking landscapes found in every region. Visit Zermatt, a car-free village at the base of the Matterhorn. While the city itself offers an impressive view of the mountain, a ride aboard the Gornergrat-Bahn climbs more than 10,000 feet into the Alps for an even better view. From here, you can view glaciers, ski runs, and the amazing Alps as far as the eye can see, plus enjoy immersive experiences, an onsite restaurant, and more.</p>

1) Gornergrat-Bahn

Switzerland is synonymous with train travel, thanks in part to the impeccably clean coaches, reliably accurate timetables, and striking landscapes found in every region. Visit Zermatt, a car-free village at the base of the Matterhorn. While the city itself offers an impressive view of the mountain, a ride aboard the Gornergrat-Bahn climbs more than 10,000 feet into the Alps for an even better view. From here, you can view glaciers, ski runs, and the amazing Alps as far as the eye can see, plus enjoy immersive experiences, an onsite restaurant, and more.

<p>Belmond trains are in a class of luxury all their own, and while any route is sure to memorable, this <a href="https://www.belmond.com/trains/europe/uk/belmond-british-pullman/journeys/murder-mystery-lunch?adults=2&departureDate=2023-11-30&packageCode=PMM">England-based</a> journey transports passengers back to the 1950s. While sipping champagne and enjoying a five-course meal, things begin to seem amiss as costumed actors wander the cars adding to the mystery. Spend your time both enjoying the Kent countryside and helping solve a murder in this clever immersive experience.</p>

2) British Pullman

Belmond trains are in a class of luxury all their own, and while any route is sure to memorable, this England-based journey transports passengers back to the 1950s. While sipping champagne and enjoying a five-course meal, things begin to seem amiss as costumed actors wander the cars adding to the mystery. Spend your time both enjoying the Kent countryside and helping solve a murder in this clever immersive experience.

<p>The Rocky Mountaineer operates luxury train routes throughout the Rocky Mountains in both the United States and Canada. You can’t go wrong with any journey, but the “<a href="https://www.rockymountaineer.com/train-routes/first-passage-west">First Passage to the West</a>” is extra special. Beginning in Vancouver, passengers can see snow-capped mountains and glistening waters before routing through the lakes in Kamloops. Ultimately, passengers arrive in Banff National Park and the beautiful Lake Louise.</p>

3) The Rocky Mountaineer’s First Passage to the West

The Rocky Mountaineer operates luxury train routes throughout the Rocky Mountains in both the United States and Canada. You can’t go wrong with any journey, but the “ First Passage to the West ” is extra special. Beginning in Vancouver, passengers can see snow-capped mountains and glistening waters before routing through the lakes in Kamloops. Ultimately, passengers arrive in Banff National Park and the beautiful Lake Louise.

4) GoldenPass Express

Switzerland has no shortage of stunning routes, but the brand new GoldenPass Express journey shouldn’t be missed. Connecting the Interlaken region (which is largely German) to Montreux (which is more French), the train introduces innovation in both technology and design, as well as a new passenger class. The Prestige Class includes seats that heat, recline, and even swivel so passengers can change their view. The route is included with the popular Swiss Travel Pass.

<p>You’ll need to leave the keys behind during a visit to Napa Valley’s historic vineyards, so the <a href="https://www.winetrain.com/">Wine Train</a> has your transportation covered. Board a 100 year old train car for a six-hour journey through the valley, stopping at a handful of prominent vineyards for tastings along the way. While on board, enjoy a welcome glass of bubbles, a four-course meal, and plush interiors while cruising through stunning landscapes.</p>

5) Napa Valley Wine Train

You’ll need to leave the keys behind during a visit to Napa Valley’s historic vineyards, so the Wine Train has your transportation covered. Board a 100 year old train car for a six-hour journey through the valley, stopping at a handful of prominent vineyards for tastings along the way. While on board, enjoy a welcome glass of bubbles, a four-course meal, and plush interiors while cruising through stunning landscapes.

<p>The innovation of this trip alone earns it a spot on the list. While the interiors may be comparable to a commuter airplane, the <a href="https://go.redirectingat.com?id=74968X1553576&url=https%3A%2F%2Fwww.eurostar.com%2Fuk-en%2Ftrain%2Flondon-to-paris&sref=https%3A%2F%2Fwww.countryliving.com%2Flife%2Ftravel%2Fg45653170%2Fbest-train-trips-you-can-take%2F">high-speed journey</a> connects two bustling cities in a trip that takes just over two hours. The journey is possible thanks to the Channel Tunnel, which opened in 1994 and burrows 75 meters underneath the English Channel. At 31.5 miles long, it’s the world’s longest undersea tunnel. </p>

6) Eurostar from London to Paris

The innovation of this trip alone earns it a spot on the list. While the interiors may be comparable to a commuter airplane, the high-speed journey connects two bustling cities in a trip that takes just over two hours. The journey is possible thanks to the Channel Tunnel, which opened in 1994 and burrows 75 meters underneath the English Channel. At 31.5 miles long, it’s the world’s longest undersea tunnel.

<p>A tale as old as time, the Orient Express began operation in 1883, charming travelers with its unparalleled decor and quality dining options. While a replicated experience won’t be available until 2025, climb aboard the <a href="https://www.orient-express.com/la-dolce-vita/a-dream-train/">La Dolce Vita</a> journey through Italy operated by the same company. Destination options include stops in Venice, Rome, Siena, Portofino, Montalcino, and more.</p>

7) The Orient Express La Dolce Vita

A tale as old as time, the Orient Express began operation in 1883, charming travelers with its unparalleled decor and quality dining options. While a replicated experience won’t be available until 2025, climb aboard the La Dolce Vita journey through Italy operated by the same company. Destination options include stops in Venice, Rome, Siena, Portofino, Montalcino, and more.

<p>The <a href="https://www.belmond.com/trains/south-america/peru/belmond-hiram-bingham/">Hiram Bingham</a> train from Belmond is an ultra-lux way to travel to the Lost City of the Incas. Beginning in Cusco, Peru, traveling through the Sacred Valley, this roundtrip adventure ultimately arrives at the entrance of Machu Picchu. You'll also enjoy a cocktail, brunch and gourmet Peruvian lunch, as well as stunning views both in the early morning and evening.</p>

8) Hiram Bingham

The Hiram Bingham train from Belmond is an ultra-lux way to travel to the Lost City of the Incas. Beginning in Cusco, Peru, traveling through the Sacred Valley, this roundtrip adventure ultimately arrives at the entrance of Machu Picchu. You'll also enjoy a cocktail, brunch and gourmet Peruvian lunch, as well as stunning views both in the early morning and evening.

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