125. 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.
126. 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(08)/102). 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.
127. He informed delegations that, since the circulation of the draft cover note, Canada had provided a communication to the Council informing it that the first shipment of the generic medicine produced under Canada's Access to Medicines Regime (CAMR) had taken place on 24 September 2008 (IP/C/W/526). The final version of the cover note for the Council's report would be updated accordingly.
128. 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, since the Council's meeting in June, Jordan had notified its acceptance of the Protocol on 6 August 2008 (document WT/Let/630). 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.3). He said that the Secretariat would continue to update it periodically.
129. The Chairman recalled that the Protocol would enter into force for the Members that had accepted it upon acceptance of the Protocol by two thirds of the Members. It was open for acceptance by Members until 31 December 2009 or such later date as may be decided by the Ministerial Conference. He encouraged Members to ensure that the necessary measures were being taken in capitals to allow the consideration of the acceptance in a timely fashion.
