Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Choi Hyuck (Korea)
L ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS – COMMUNICATION FROM THE EUROPEAN COMMUNITIES
128. The representative of Brazil said that enforcement of IPRs and combating piracy was an important issue that concerned all Members. However, he reiterated his delegation's preoccupation with the inclusion of this topic as a permanent item on the Council's agenda. The TRIPS Agreement did not contemplate a monitoring role of IPRs apart from those already performed pursuant to the procedures set forth in its Article 63.1 and 2, which concerned the review of national implementing legislation in the Council. The acceptance of proposals concerning the monitoring the IPRs would be equivalent to conferring a new legislative or judicial competence to the Council, which was clearly against the Agreement. Moreover, a recommendation on "best practices" in the implementation of IPR enforcement was not acceptable, since it could lead to a bad practice of labelling problematic countries, which was against the provision of Article 1.1 of the Agreement.
IP/C/M/50