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

Ambassador Carlos Pérez del Castillo (Uruguay)
I REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b)
79. Summarizing the discussion, the Chairperson said that, as to how the Council might proceed with its work, the debate had reaffirmed the need to continue with a review of the provisions of Article 27.3(b). On procedure, his interpretation was that most Members supported an approach which would allow a more orderly, systematic and productive debate than the debates that had occurred to date. During the informal consultations he had taken the liberty to mention a number of possible topics which he felt could help make the debate more orderly and could be taken up one by one for debate at later meetings. He stated that his aim had not been to have an exhaustive list of such points. Neither should how he had described these points be given any weight in terms of to whatever conclusions discussions on them might eventually lead, nor in terms of whether or not they fell within the purview of the review under Article 27.3(b). Some delegations felt that the Council when tackling these topics in the future should have more information regarding the implementation of Article 27.3(b) by Members. So far, the Council had received information from, mostly, developed country Members. Developing countries were now implementing Article 27.3(b) in their legislation. Consequently, it would be useful in future debates to have information from them as well in this respect. The debate had also revealed that the Council needed to follow the work being done by other organizations dealing with these topics, in particular WIPO and the Convention on Biological Diversity, since the Council might not be the most appropriate forum to deal with each and every topic that had been mentioned in the course of the informal consultations or this Council meeting. Consequently, the Council needed to develop a work method for further work on the issues raised in this regard. Of course, if any list of topics for discussion were to be developed, it would require consensus amongst all Members. He suggested that the Chair might be allowed, on the basis of the discussions that had taken place, to have further consultations on a specific list of possible topics on which the Council could have debates at the forthcoming meetings without pre-empting the final result of course. If there were no objections to that suggestion, that would be the way the Council would proceed.
IP/C/M/26