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

Ambassador Yonov Agah (Nigeria)
140. The Chairman recalled that paragraph 8 of the waiver Decision provided that the Council for TRIPS should review annually the functioning of the system set out in the Decision with a view to ensuring its effective operation and should annually report on its operation to the General Council. Furthermore, the paragraph provided that this review should be deemed to fulfil the review requirements of Article IX:4 of the WTO Agreement. 141. He said that the Secretariat had prepared a draft cover note for the Council's report modelled on that of last year's report (JOB(07)/150). The draft cover page contained factual information on the implementation and use of the system established under the Decision and on the acceptance of the Protocol Amending the TRIPS Agreement. He proposed that, in accordance with the way that the Council prepared its report last year, the part of the minutes of the meeting reflecting the discussions held under this agenda item be attached to the cover note. 142. He informed delegations that, since its meeting in June, the Council had received from Rwanda a notification under paragraph 2(a) of the Decision of 30 August 2003 on the "Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health" (IP/N/9/RWA/1). The Council had also received a related notification from Canada under paragraph 2(c) of the same Decision (IP/N/10/CAN/1). 143. As regards the status of acceptances of the Protocol Amending the TRIPS Agreement that was done at Geneva on 6 December 2005, he said that the following Members had notified their acceptance of the Protocol since the Council's meeting in June: Israel on 10 August, Japan on 31 August, Australia on 12 September, and Singapore on 28 September (documents WT/Let/582, 592, 593 and 594, respectively). He recalled that the United States, Switzerland, El Salvador, Korea, Norway, India and the Philippines had notified their acceptance already earlier. Therefore, 11 Members had accepted the Protocol so far, which would enter into force for these Members upon acceptance of the Protocol by two thirds of the Members. He said that the Secretariat had circulated an update to the note on the status of acceptances of the Protocol that the Council had requested it to prepare at its meeting in October 2006 (IP/C/W/490/Rev.1) and that the Secretariat would continue to update it periodically. 144. The Chairman recalled that the Protocol was open for acceptance by Members until 1 December 2007 or such later date as may be decided by the Ministerial Conference. Given the proximity of this date, he suggested that the Council may wish to consider submitting a proposal to the General Council for a decision to extend the period for the acceptance of the Protocol. For this purpose, a draft decision on the extension of the period for the acceptance that could be submitted to the General Council had been included in Annex 2 to the draft report. As regards the deadline for the extended period for acceptances, he suggested that the Council consider proposing an extension of the period by a further two years until 31 December 2009.