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

H.E. Ambassador Dr Pimchanok PITFIELD
12 INTELLECTUAL PROPERTY AND THE 1998 WORK PROGRAMME ON ELECTRONIC COMMERCE

301.  Document IP/C/W/698 is submitted in fulfilment of the mandate set out in the Work Programme on Electronic Commerce (WT/L/274). Paragraph 4.1 provides that "The Council for TRIPS shall examine and report on the intellectual property issues arising in connection with electronic commerce. The issues to be examined shall include: - protection and enforcement of copyright and related rights; - protection and enforcement of trademarks; - new technologies and access to technology." 302.  The need to intensify these discussions was reconfirmed by Ministers at MC12. The WTO Ministerial Decision in this regard states that "We agree to reinvigorate the work under the Work Programme on Electronic Commerce, based on the mandate as set out in WT/L/274 and particularly in line with its development dimension". 303.  In order to fulfil this mandate, the relationship between intellectual property and development and the various Sustainable Development Goals (SDGs) needs to be mainstreamed into the discussion of the TRIPS Council. 304.  Reinvigoration of these discussions is timely. In the ever-evolving landscape of the digital era, e-commerce has emerged as a powerful catalyst for economic growth and global connectivity. As online platforms continue to reshape the way we do business, it is essential to recognize the intricate relationship between e-commerce and IP. The TRIPS Council is the relevant platform for this discussion. 305.  The United Nations Conference on Trade and Development (UNCTAD) Digital Economy Report of 2021 provides crucial insights into the profound impact of e-commerce on global trade and development. It captures the transformative effect of digital technologies as follows: "Increasing digitalization of the economy and society is changing the ways people act and interact". 306.  This far-reaching change has the potential to positively impact the lives of millions of people. However, without strategic interventions, there is a risk that the most advanced players in the digital sector will continue to grow more dominant while those at the lower end of the spectrum in terms of technological wherewithal, would remain locked -in as mere consumers rather than producers of digital products. 307.  Take data collocation facilities for example. Data has become the lifeblood of the digital economy, enabling businesses to gain insights, improve decision-making, and enhance customer experiences. However, 80% are in developed countries, with the United States accounting for about 40%. Africa and Latin America together account for less than 5% of the world's colocation data centres. The Cloud market is also highly concentrated, with four out of the five providers based in the US. Equally, four online platforms dominate the intermediation market globally. 308.  The preamble of the TRIPS Agreement emphasizes the underlying policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives. These objectives should be read in conjunction with Article 7 and 8 of the TRIPS Agreement. What role has the IP system played in the concentration of markets and is it sustainable? 309.  Balancing the need for data access and innovation with the protection of IP rights is a complex challenge that requires careful examination. By fostering a deeper understanding of the relationship between e-commerce and intellectual property, Members can formulate policies and legal frameworks that strike the right balance. Such measures should aim to encourage innovation, promote fair competition, and protect the rights of creators and inventors. 310.  Furthermore, exploring the connection between e-commerce and IP, including facilitating technology transfer and knowledge sharing among nations can be valuable in ensuring that developing countries, in particular, can leverage e-commerce to access global markets, participate in value chains, and tap into new business opportunities. Members need to identify the intellectual property issues arising from e-commerce, and discuss appropriate policy responses that address the development concerns, including in relation to the protection of these rights. 311.  This paper seeks to stimulate earnest reflection on the relationship between IP and ecommerce with the view to enhancing Members' understanding of how this link can advance developmental aspirations. The questions posed in Section 4 of the paper are of a broad nature and seek to stimulate the said discussion. 312.  Given that this discussion is mandated and in light of the extensive nature of issues that arise from the questions, my delegation proposes that this be made a standing agenda item.

The Council took note of the statements made.
64. The Chair said this item had been put on the agenda at the request of the delegation of South Africa who had also submitted a communication on this topic, circulated in document , in order to allow Members to prepare for this discussion.
65. The representatives of South Africa; China; Tanzania; Djibouti, on behalf of the LDC Group; Indonesia; Australia; India; the European Union; the United States of America; and Switzerland took the floor.
66. The Council took note of the statements made.
IP/C/M/108, IP/C/M/108/Add.1