242. The delegation of Brazil said that the discussion regarding the compliance of Japan's border measures with the TRIPS Agreement was better placed under the obligation of Members to notify their laws and regulations pursuant to Article 63. As regards the reference to Article 68 by the European Communities, he said that this provision focused on trade-related aspects of IPRs. This meant that the measures in question had to comply with the Agreement as a whole, and not only with specific sections on IPR enforcement. His delegation's particular concern was to avoid that such measures would create unwarranted barriers to trade of other Members. He reiterated his position that the title of Japan's communication, also mirrored in the related agenda item, falsely reflected the debate that was held on this subject in the Council. He invited Members to notify their laws and regulations under Article 63.4, so that a discussion could be held in the appropriate context.
