Ambassador Alfredo Suescum (Panama)

China

12 CONTRIBUTION OF INTELLECTUAL PROPERTY TO FACILITATE THE TRANSFER OF ENVIRONMENTALLY RATIONAL TECHNOLOGY

187. China welcomes Ecuador's proposal to discuss this issue at this Council. Climate change has a profound impact on the existence and development of mankind, and is a major challenge that all Members face now. It is the common interests of all to fight against climate change. The principle of common but differentiated responsibilities has been established as the basis for closer international cooperation in this regard. Due to their low development level and shortage of capital and technology, developing countries face more challenges in combating climate change. 188. Technology plays an important role in combating climate change and should better serve the common interest of human beings. In order to enable the developing countries to have access to climate-friendly technologies, a better environment and policy space for the transfer and dissemination of environmentally rational technologies from developed countries to developing countries should be fostered. 189. IPR is an important element concerning the development and utilization of the environmentally rational technologies as provided in Article 7 and other provisions of the TRIPS Agreement. In our view, nothing in the TRIPS Agreement prevents its existing general flexibilities from application to environmentally rational technologies. 190. With respect to the new flexibilities proposed in the communication, without prejudice to China's final position on the points in the communication, China would like to engage in the further evaluation and discussion on these topics among Members of the TRIPS Council.

The Council took note of the statements made.

12.1. The Chairman recalled that, at the Council's meeting in March 2013, Ecuador had briefly presented, under "Other Business", its submission entitled "Contribution of Intellectual Property for Facilitating the Transfer of Environmentally Rational Technology" (document IP/C/W/585). That document had been discussed at the Council's meeting in June 2013 under an item on "Intellectual Property, Climate Change and Development" that had been put on the agenda at the request of Ecuador.

12.2. The representatives of Ecuador, the Plurinational State of Bolivia, Indonesia, Cuba, China, United States, European Union, India, Japan, Canada, New Zealand, Chile, Australia, Switzerland, Brazil and Venezuela took the floor. The statements will be reproduced in an addendum to the present record.

12.3. The Council took note of the statements made.

IP/C/M/74, IP/C/M/74/Add.1