Developing Countries Clause Samples
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Developing Countries. 1. In negotiations on accession to, and in the implementation and administration of, this Agreement, the Parties shall give special consideration to the development, financial and trade needs and circumstances of developing countries and least developed countries (collectively referred to hereinafter as "developing countries", unless specifically identified otherwise), recognizing that these may differ significantly from country to country. As provided for in this Article and on request, the Parties shall accord special and differential treatment to:
(a) least developed countries; and
(b) any other developing country, where and to the extent that this special and differential treatment meets its development needs.
2. Upon accession by a developing country to this Agreement, each Party shall provide immediately to the goods, services and suppliers of that country the most favourable coverage that the Party provides under its annexes to Appendix I to any other Party to this Agreement, subject to any terms negotiated between the Party and the developing country in order to maintain an appropriate balance of opportunities under this Agreement.
3. Based on its development needs, and with the agreement of the Parties, a developing country may adopt or maintain one or more of the following transitional measures, during a transition period and in accordance with a schedule, set out in its relevant annexes to Appendix I, and applied in a manner that does not discriminate among the other Parties:
(a) a price preference programme, provided that the programme:
(i) provides a preference only for the part of the tender incorporating goods or services originating in the developing country applying the preference or goods or services originating in other developing countries in respect of which the developing country applying the preference has an obligation to provide national treatment under a preferential agreement, provided that where the other developing country is a Party to this Agreement, such treatment would be subject to any conditions set by the Committee; and
(ii) is transparent, and the preference and its application in the procurement are clearly described in the notice of intended procurement;
(b) an offset, provided that any requirement for, or consideration of, the imposition of the offset is clearly stated in the notice of intended procurement;
(c) the phased-in addition of specific entities or sectors; and
(d) a threshold that is higher than its permane...
Developing Countries. Before Company commences an action with respect to any Infringement in a Developing Country, Company shall consult with Broad with respect to the proposed course of action and shall consider in good faith Broad’s views. Company shall also consider potential effects on the public interest and the locally-affordable availability of Licensed Products or equivalents thereof, e.g., generic products, in Developing Countries, in deciding whether to take such action. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, Company agrees that, consistent with Section 6.1.4 and solely with respect to any Developing Country, Broad shall hold final decision-making authority, to be exercised in good faith, on a case-by-case basis, as to whether Company shall be permitted to enforce the Licensed Patent Rights in such Developing Country.
Developing Countries. It is recognized that special regard must be given by developed countries to the special situation of developing countries when considering the application of anti-dumping measures under this Code. Possibilities of constructive remedies provided for by this Code shall be explored before applying anti-dumping duties where they would affect the essential interests of developing countries.
Developing Countries. For the purpose of this Agreement, Developing Country will include the following countries:
Developing Countries. With respect to final sales in DEVELOPING COUNTRIES, COMPANY shall pay to M.I.T. a running royalty of [***] Percent ([***]%) of NET SALES of LICENSED PRODUCTS and LICENSED PROCESSES by COMPANY, AFFILIATES and SUBLICENSEES in DEVELOPING COUNTRIES.
Developing Countries. 1. Signatories recognize that subsidies are an integral part of economic development programmes of developing countries.
2. Accordingly, this Agreement shall not prevent developing country signatories from adopting measures and policies to assist their industries, including those in the export sector. In particular the commitment of Article 9 shall not apply to developing country signatories, subject to the provisions of paragraphs 5 through 8 below. _______________ 31In making such recommendations, the Committee shall take into account the trade, development and financial needs of developing country signatories.
3. Developing country signatories agree that export subsidies on their industrial products shall not be used in a manner which causes serious prejudice to the trade or production of another signatory.
4. There shall be no presumption that export subsidies granted by developing country signatories result in adverse effects, as defined in this Agreement, to the trade or production of another signatory. Such adverse effects shall be demonstrated by positive evidence, through an economic examination of the impact on trade or production of another signatory.
5. A developing country signatory should endeavour to enter into a commitment32 to reduce or eliminate export subsidies when the use of such export subsidies is inconsistent with its competitive and development needs.
6. When a developing country has entered into a commitment to reduce or eliminate export subsidies, as provided in paragraph 5 above, countermeasures pursuant to the provisions of Parts II and VI of this Agreement against any export subsidies of such developing country shall not be authorized for other signatories of this Agreement, provided that the export subsidies in question are in accordance with the terms of the commitment referred to in paragraph 5 above.
7. With respect to any subsidy, other than an export subsidy, granted by a developing country signatory, action may not be authorized or taken under Parts II and VI of this Agreement, unless nullification or impairment of tariff concessions or other obligations under the General Agreement is found to exist as a result of such subsidy, in such a way as to displace or impede imports of like products into the market of the subsidizing country, or unless injury to domestic industry in the importing market of a signatory occurs in terms of Article VI of the General Agreement, as interpreted and applied by this Agreement. Signatorie...
Developing Countries. Developing Country – A country eligible for GAVI support, plus Thailand and South Africa, currently including: Afghanistan, Bangladesh, Benin, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Côte d’Ivoire, Djibouti, East-Timor, Eritrea, Ethiopia, Gambia, Ghana, Guinea, Guinea Bissau, Haiti, India, Kenya, DPR Korea, Kyrgyz Republic, PDR Lao, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Myanmar, Nepal, Nicaragua, Niger, Nigeria, Pakistan, Papua New Guinea, Rwanda, São Tomé e Príncipe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Africa, Thailand, North Sudan, South Sudan, Tajikistan, Tanzania, Togo, Uganda, Uzbekistan, Viet Nam, Yemen, Zambia, and Zimbabwe. This Amendment 1, effective September 4, 2014 (the “Effective Date”), is to the amended and restated letter agreement entered into on November 7, 2013 and effective as of September 12, 2012 (the “Letter Agreement”), between Visterra, Inc. (the “Company”) and the Bill & ▇▇▇▇▇▇▇ ▇▇▇▇▇ Foundation (“Foundation”), together, the Parties. Pursuant to this Amendment, the Parties agree as follows;
Developing Countries. 1. In negotiations on accession to, and in the implementation and administration of, this Agreement, the Parties shall give special consideration to the development, financial and trade needs and circumstances of developing countries and least developed countries (collectively referred to hereinafter as “developing countries”, unless specifically identified otherwise), recognizing that these may differ significantly from country to country. As provided for in this Article and on request, the Parties shall accord special and differential treatment to: a. least developed countries; and b. any other developing country, where and to the extent that this special and differential treatment meets its development needs.
Developing Countries. Developing country interests have inspired both the general structure of the Agreement as well as individual Articles. In particular, the objective of facilitating the increasing participation of developing countries in services trade has been enshrined in the Preamble to the Agreement and underlies the provisions of Article IV. This Article requires Members, inter alia, to negotiate specific commitments relating to the strengthening of developing countries' domestic services capacity; the improvement of developing countries' access to distribution channels and information networks; and the liberalization of market access in areas of export interest to these countries. While the notion of progressive liberalization is one of the basic tenets of the GATS, Article XIX provides that liberalization takes place with due respect for national policy objectives and Members' development levels, both overall and in individual sectors. Developing countries are thus given flexibility for opening fewer sectors, liberalizing fewer types of transactions, and progressively extending market access in line with their development situation. Other provisions ensure that developing countries have more flexibility in pursuing economic integration policies, maintaining restrictions on balance of payments grounds, and determining access to and use of their telecommunications transport networks and services. In addition, developing countries are entitled to receive technical assistance from the WTO Secretariat.
Developing Countries. 15.1. The developed country Party that decides to apply a definitive measure to products originating in developing country Parties, shall impose an antidumping or countervailing duty that is less than the margin of dumping or the amount of the subsidy, if this lesser duty is sufficient to remove the injury to the domestic industry.]
15.2. The developed Party shall:
a) consider the acceptance of the price undertaking offers favorably. This favorable approach shall also be applied to proposals to increase prices to levels lower than dumping margins, provided that these increases are sufficient to eliminate the injury caused to domestic industry;
b) actively engage in the discussion of an undertaking and, when so requested by the exporters, assist in its formulation. The developed Party shall give the exporters of the developing Party, upon request, an opportunity to meet with the investigating authority and to explain the stipulations of any price undertaking offer and the need for the same;
c) publish or make known to all the exporters subject to antidumping or countervailing duties investigations, preferably through universally applicable provisions, the procedures that must be observed with respect to applications for the consideration of price-related undertakings. Similarly, in the course of each specific investigation, the investigating authority shall inform the exporters of the developing Party, no later than five (5) days after a positive preliminary determination, that the option for a price undertaking exists;
d) grant a period of at least four weeks after the publication of the preliminary determination for the exporters of the developing Party to formulate a price undertaking offer. During this period no provisional measures shall be applied. Nevertheless, if no price undertaking is established, the corresponding duties may be collected retroactively. The establishment of this minimum period shall not prevent the exporter from submitting an offer after the expiration of the same.]
15.3. The margin of dumping for exports from developing country Parties shall be considered to be de minimis when this margin is lower than five (5) percent, expressed as a percentage of the export price, and the volume of dumped or subsidized imports from developing country Parties shall be regarded as negligible when it is established that imports from, or originating in, a given developing country account for less than seven (7) percent of imports of the like produc...