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

H.E. Ambassador Xolelwa Mlumbi-Peter
13 INTELLECTUAL PROPERTY AND THE 1998 WORK PROGRAMME ON ELECTRONIC COMMERCE
423.   Thanks to Members who intervened. Just noting a few points that have been made. As this particular submission focuses on new technologies and access to technology, it does not undermine previous discussions. The main focus of previous discussions was on counterfeits, piracy, technologies to enforce particular types of technologies and IPRs, etc. From that point of view, we see that our discussion is complementary and we certainly agree with China that the issue of access to technology and the link to development is something that we need to take into account. In terms of the timing of the communications, we agree they should be made available ahead of time, given the constraints that one faces in the current scenario and the limitations that many developing countries face during this difficult time. Going forward, proposals related to the 1998 Work Programme will be made available in good time. We are also encouraged by the intervention of many Members and the introduction of certain ideas that we could explore. 424.   I believe that the impact on SMEs, for example, is noteworthy given the fact that the digital revolution primarily reduces the cost of doing business. But whether or not SMEs, especially from developing and least developed countries, may benefit from this reduction of costs is certainly an open question. But if I go back, for example, to the Trilateral Study (this has become somewhat of a bible for me, the 2013 version in particular since I have not had the opportunity to look at the updated version yet in any amount of detail), I believe that the cross-cutting issues that were brought up previously will benefit from the updated study. This will enable us to certainly make proper linkages between issues as we always recognize that the topic of technology transfer is not as simple as its seams. We recognize from our previous interventions that there are both demand and supply constraints, and any legitimate system must be enforceable, transparent and predictable. But in any system where there are differences in levels of development and capabilities, we must take advantage of the flexibilities to assist developing and least developed countries. The submission also focuses on possibilities to use flexibilities in a pro-development way in order ensure that we do have a level playing field for every Member to benefit from digital technology and to ensure that IPRs do not become a barrier to the equal access and enjoyments of the benefits of the digital revolution.
The Council took note of the statements made.
51.   The Chair said that the agenda item had been requested by South Africa. A communication had been circulated in document IP/C/W/665. She invited South Africa to introduce the item.
52.   The representative of South Africa took the floor to introduce the item.
53.   The representatives of India; the European Union; Zimbabwe; the United States of America; Canada; Chile; China; Australia; and, Switzerland took the floor. The representative of Nigeria requested that her statement be included in the record of the meeting.
54.   The Council took note of the statements made.
IP/C/M/95, IP/C/M/95/Add.1