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

  Go back

1. Meeting date

2. Chairperson

H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)

3. Intervention by

United Kingdom

4. Agenda item

1 NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT

5. Statement/summary of statement

50.   Let me start by saying that the United Kingdom considers the WTO notification system an essential component of multilateral trade by promoting transparency between WTO Members and encouraging compliance with agreed WTO commitments. 51.   As outlined at the TRIPS Council session in February this year, recalling the importance of WTO notifications as a pillar of the global trading regime, we wish to provide WTO Members with a clear picture of the United Kingdom's IP framework. As we also set out, we plan to do this in batches by IP right. 52.   The first batch of notifications, which you would have seen circulated recently, outline the UK legal framework on trademarks and designs and the historic development of that framework. 53.   At this point, this delegation would like to thank the TRIPS Secretariat for their support throughout this process, and to note that the e-TRIPS System made a perhaps otherwise onerous task much quicker and easier. 54.   In the interests of time, I will not introduce each of the 70 plus notifications individually, but cite examples that reflect the changing world around us and the importance of ensuring that the UK IP system is fit for purpose. 55.   The United Kingdom is committed to an effective and balanced IP regime that drives innovation, investment, and economic opportunity for the benefit of all. 56.   Over the period covered by these historical notifications, the United Kingdom has updated our IP system in line with technological developments; reflecting policy considerations, to ensure it meets the needs of rights holders and the public. 57.   The United Kingdom places great value in international systems and standards. Illustrating this, The Designs (International Registration of Industrial Designs) Order 2018, as set out in document IP/N/1/GBR/77; IP/N/1/GBR/D/35 gave effect in the United Kingdom to the provisions of the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs. It allows the United Kingdom to be a designated state, so that going forward, UK businesses have access to an international system that allows industrial designs to be protected in multiple countries or regions through a single international registration. The more Members this system includes, the more valuable it is for all. Therefore, we encourage all Members to consider the benefits of signing up to the Geneva Act of the Hague Agreement and to other important IP treaties. 58.   The United Kingdom is committed to taking advantage of technological advances enabling administrative systems to stay up to date as the world moves forward. For example, the lack of an online system was perceived to be a barrier to registering designs - so with the Registered Designs (Fees) Rules 2016 as found in document IP/N/1/GBR/64; IP/N/1/GBR/D/30 the United Kingdom developed a digital service to streamline the design registration process and deliver efficiencies, which were passed on to customers in the form of lower fees. As the cost of fees could have been a barrier to registering and protecting designs for MSMEs and individuals, the reduced fees for multiple applications encourages them to file applications for parts of a design, as well as the whole, improving their ability to protect the innovative aspects of their products. 59.   Another area where the system has been made easier for users, was with the Regulatory Reform (Registered Designs) Order 2006. This order which can be found in document IP/N/1/GBR/26; IP/N/1/GBR/D/15, simplified procedures for registration of a design, as well as allowing multiple design applications to be made, and making it easier to restore a registration where it had lapsed due to non-payment of the renewal fees, ultimately making the system easier and fairer for users. 60.   As an example of consistently improving the IP system - To create a more balanced and effective system for the registration of national UK trademarks the Trademarks (Relative Grounds) Order 2007 document IP/N/1/GBR/37; IP/N/1/GBR/T/24 streamlines applications for new UK trademarks, and provides a better balance between the rights of earlier trademarks and those of new applicants. 61.   This also ensures a system which provides a useful, affordable alternative for those with business in the United Kingdom to the registration of their mark as a Community trademark. 62.   The United Kingdom will be submitting a further batch of historic notifications ahead of a TRIPS Council session in 2021. These notifications will focus on legislative changes to the United Kingdom's copyright and patent regime. The UK delegation is ready to respond to questions you may have at this stage. We are also considering providing more details of the legislative changes set out in our TRIPS notifications and their functioning within the UK IP ecosystem in a workshop, to be organised next year.

6. Documents referred to in intervention

7. Conclusion

The Council took note of the notifications and the statements made.

8. Summary of the agenda item (if available)

1. The Chair invited the Secretariat to report on notifications that the Council had received since its meeting in July 2020.
2. A representative of the Secretariat said that the Council had received the following notifications under Article 63.2 of the TRIPS Agreement:
a. Chinese Taipei had notified regulations governing the filing of patent and trademark applications by electronic means, as well as regulations governing the application for compulsory licences for musical works and related royalties;
b. Australia had notified a consolidated version of its Patents Act 1990, as well as the Intellectual Property Laws Amendment Act 2020, which implemented the Productivity Commission Response Part 2 and Other Measures;
c. Mexico had notified revisions of the Penal Code, as well as a Decree amending the Federal Law on Copyright regarding copyright protection in the digital environment;
d. The United States had notified their amended Plant Variety Protection Act and corresponding Regulations;
e. The United Kingdom had notified over 70 pieces of legislation that represent the evolution of the UKs law on trademarks and on designs since 1996;
f. Pakistan had notified its Geographical Indications Act 2020;
g. Myanmar had notified its new Plant Variety Protection Law;
h. Hong Kong, China had notified a Copyright Amendment Ordinance, which enhanced the Copyright exceptions relating to persons with a print disability in order to meet the standards under the Marrakesh Treaty;
i. Ukraine had notified amendments regarding its patent law reform, as well as amendments to strengthen rights to trademarks and designs, and to combat patent abuse;
j. Japan had notified a further revision to its Unfair Competition Prevention Act of 1993, which provided civil remedies against acts of unfair competition with respect to "shared data with limited access"; and
k. Slovenia had notified an Act Regulating Collective Management of Copyright and Related Rights.
3. He added that, Albania and Slovenia had provided information on contact points for the exchange of information and cooperation on trade in infringing goods, under Article 69 of the TRIPS Agreement.
4. The representatives of Pakistan; Mexico; Australia; Hong Kong, China; Ukraine; Canada; Chinese Taipei; the United Kingdom; and the United States of America took the floor.
5. The Chair recalled that, at the July 2020 meeting, several questions had been asked regarding legislation notified by Canada and the European Union. She invited those two delegations to take the floor to respond to those questions or inform the Council of any follow up in this regard.
6. The representative of South Africa and the European Union took the floor.
7. The Chair noted that, notifications to the Council were not keeping up with the actual development of laws and regulations relating to TRIPS. She recalled that Article 63.2 was not a one-off requirement. It was a core element of the TRIPS transparency arrangements, and a central part of the Council's substantive work. Article 63.2 obliged Members to notify any new or amended laws in the area of TRIPS. The same applied to the Checklist of Issues on Enforcement which had been established by the Council as an element of Members' notification obligations.
8. She encouraged Members to notify legislative changes made to implement the special compulsory licensing system to export medicines covered by the new Article 31bis of the TRIPS Agreement. More than 50 WTO Members, including most of the world's major exporters of medicines, had adopted implementing legislation that allowed them to use the System as exporters and/or importers. However, only 20 Members, including the European Union, had formally notified such measures to the TRIPS Council. The notification of all relevant laws and regulations could assist Members in preparing for the potential use of the System. This would also help the Secretariat in its efforts to provide informed technical support to Members in this area.
9. Finally, she welcomed the information provided by Members concerning their notifications, as well as the constructive exchange on Members' legislation we had under this agenda item.
10. The Council took note of the notifications and the statements made.

9. Document symbol and date of distribution

IP/C/M/96, IP/C/M/96/Add.1
  Go back