20. The representative of Switzerland confirmed that the inclusion of item O had been requested in conformity with Rules 3 and 4 of the Rules of Procedure. The intention was to have this as an item for the present meeting, not as a permanent item. Taking it up under "Other Business" was not adequate, because the purpose was not only to inform the Council about ACTA but also to discuss the topic of enforcement, which was very much within the scope of the TRIPS Agreement. It was important for many Members that the issue could be discussed in the Council.
21. He said that when a similar agenda item had been proposed by China and India at an earlier meeting, there had not been any objections from his or any other delegation to discuss an item on enforcement, the objection at the time had rather been against the particular formulation of the agenda item, which had been "TRIPS-plus Enforcement Trends". At that time, the Council had had no advance information from those Members what they wished to discuss under the item. Accordingly, the objection had not been against discussing an enforcement agenda item in the Council as such, but more to the particular formulation and the procedural aspects. The proposed title of the present item was exactly the same as the title of Part III of the TRIPS Agreement.
