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

H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)
14 DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS

836.   My delegation would like to thank the distinguished delegates of Chad and Bangladesh for introducing document IP/C/W/668 on behalf of the LDC Group. 837.   Switzerland recognizes the challenges faced by LDCs in implementing international obligations such as the ones under the TRIPS Agreement. We commend those LDCs who have nevertheless made significant efforts and progress in implementing their TRIPS obligations. 838.   Switzerland is convinced that doing so will help LDCs create an enabling environment for development through a transparent and rules-based regulatory framework for the protection and enforcement of IPRs. This, in turn, can help promote inventive activity at the domestic level, increased competitiveness at the international level, technology transfer and foreign investment, thus contributing to more sustainable development. 839.   Having said this, Switzerland is aware of the resource constraints that LDCs still face today and that they need flexibility when defining their priorities on how to spend these limited resources. 840.   Switzerland thus supports, in principle, a further extension of the general TRIPS transition period for LDCs, as we did in 2013. As far as the terms for such an additional extension are concerned, we are committed to a mutually agreeable outcome that is in line with TRIPS Article 66.1. We are prepared to discuss this further with the LDC Group.

The Council took note of the statements made and agreed to revert to the matter at its next meeting.
78. The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group; and a communication had been circulated. She recalled that the transition period for LDC Members had been extended twice: Most recently, by the TRIPS Council Decision of 11 June 2013. Regarding extensions of the transition period, the second sentence of Article 66.1 of the TRIPS Agreement provided that "The Council for TRIPS shall, upon duly motivated request by a least developed country Member, accord extensions of this period." She invited the LDC Group to introduce the request.
79. The representative of Chad, on behalf of the LDC Group took the floor.
80. The Chair invited Members to take the floor.
81. The representatives of Bangladesh; Bangladesh, on behalf of the LDC Group, Nepal; Mali; Cambodia; Angola; Afghanistan; Senegal; Jamaica, on behalf of the ACP Group; China; South Africa; Argentina; Egypt; Tanzania, on behalf of the African Group; Indonesia; Turkey; the United States of America; the European Union; Oman; India; Japan; Nigeria; the United Kingdom; Switzerland; and the World Health Organization (WHO) took the floor.
82. The Chair proposed that the LDC Group consult with the Members, that had intervened at the present meeting, to bridge the differences. She would also be available to consult with Members. Considering the time-sensitivity due to the upcoming deadline in 2021, she proposed to revert to the request at the next meeting.
83. The Council took note of the statements made and agreed to revert to the matter at its next meeting.
IP/C/M/96, IP/C/M/96/Add.1