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

H.E. Ambassador Xolelwa Mlumbi-Peter
12 LDC GROUP PROPOSAL ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT

322.   Switzerland thanks the LDC Group for presenting document IP/C/W/664. 323.   A series of workshops and extensive discussions have taken place over the past years in which developed country Members have discussed with their LDC counterparts how to best adjust the contents and format of their reporting under 66.2 to the needs and preference of the LDC Group. 324.   Developed country Members have undertaken considerable efforts to respond to those proposals when writing or revising their reports. 325.   We are still in the process of examining the LDC document. Switzerland is open to look into additional proposals from the LDC group, as long as we can accommodate them. 326.   As a preliminary reaction to the presented document, it seems to this delegation that this is not the case with at least some of the additional information that is now asked by the LDC Group from developed country Members 327.   As document IP/C/W/664 recalls, the obligation of developed country Members under Article 66.2 is to provide incentives to enterprises and institutions in their territories so that these enterprises and institutions may, if they wish to do so, transfer their technology to LDC Members. 328.   Developed country Members have, however, no obligation under Article 66.2 to ensure that the enterprises and institutions on their territory make use of these incentives or actually transfer their technology to LDCs. This is the autonomous decision of each enterprise and institution. 329.   Information as to what company or institution transferred what technology to which LDC country Member is not information that developed country Members regularly have at their disposal. Nor may they demand companies and institutions to systematically provide such information under Article 66.2, not least because such information may qualify as business confidential information. 330.   That said, Switzerland will make maximum efforts in its future reports to provide information on the incentives it provides under Article 66.2 in a manner as transparent, consistent, clear and comprehensible as possible.

The Council took note of the statements made.
47.   The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group. A communication had been circulated in document IP/C/W/664. She invited the LDC Group to introduce the agenda item.
48.   The representative of Bangladesh, on behalf of the LDC Group, took the floor to introduce the item.
49.   The representatives of Nepal; Nigeria; Tanzania, on behalf of the LDC Group; Zimbabwe; South Africa; India; China; the United States of America; Switzerland; Canada; Japan; Indonesia; and, the European Union took the floor.
50.   The Council took note of the statements made.
IP/C/M/95, IP/C/M/95/Add.1