Despite the poor political outlook, much of the technical work continued, leading to the first draft of a final legal policy agreement. This draft of the final act was drawn up by Arthur Dunkel, then Director General of the GATT, who led the negotiations at the official level. It was put on the table in Geneva in December 1991. The text fulfilled all parts of the Punta del Este mandate, with one exception, it did not contain lists of participating countries with obligations to reduce import duties and open up their service markets. The project became the basis of the final agreement. Part III of the agreement provides for the obligation for Member State governments to provide procedures and remedies in accordance with their domestic law to ensure that intellectual property rights can be effectively enforced by foreign rights holders and their own nationals. Procedures should allow effective measures to be taken to combat the violation of intellectual property rights, but be fair and equitable, not unnecessarily complicated or costly, and not lead to undue delays or unjustified delays. They should allow for judicial review of final administrative decisions. There is no obligation to create a legal system that is different from that which governs the application of legislation in general, nor to give priority to the application of intellectual property rights in the allocation of resources or personnel. The agricultural package also addresses many other issues of crucial economic and political importance to many MePs. These include provisions to promote the application of less trade-distorting national support policies for the maintenance of the rural economy, allowing measures to reduce the burden of adaptation, and the introduction of strict provisions allowing some flexibility in the implementation of commitments. Specific concerns from developing countries were raised, including the concerns of net food-importing countries and least developed countries. Three other institutions will be created by the Ministerial Conference and will report to the General Council.
The Committee on Trade and Development deals with issues relating to developing countries, and in particular to the least developed countries. The Balance of Payments Committee is responsible for consultations between WTO members, which are trade-restrictive in order to deal with balance-of-payments difficulties. Finally, WTO funding and budget issues are dealt with by a Committee on Budgets. This agreement should be distinguished from the new public procurement agreement. Agreement on the interpretation of Article XXXV – non-application of the General Agreement. Agreement authorizing a contracting party or a newly-joined country to invoke the non-application provisions of the GATT vis-à-vis the other contracting party after initiating customs negotiations between them. The WTO agreement stipulates that any appeal to the non-application provisions of this agreement must be extended to all multilateral agreements. In the short term, the WTO remains the “shell” on which previous GATT agreements are based, but it will more than likely form in the coming years with its own organizational niche in the multilateral trading system.