Ambassador Alfredo Suescum (Panama)

New Zealand

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

250. New Zealand joins others in welcoming the opportunity to engage in a robust policy discussion on this important issue. 251. We note the concerns raised previously by Ecuador that the current IP framework as established by TRIPS can hinder the ability of vulnerable and least developed countries to access certain environmentally sound technologies (EST) for purposes of climate change mitigation and adaptation. 252. However, in the area of ESTs, most patents do not provide their owners with exclusive market power due to the presence in the market of close substitutes, many of which may be off-patent. Even where an EST is a "breakthrough" invention with no close substitutes, there will likely still be alternative technologies available. 253. New Zealand considers that intellectual property rights can play an important role in fostering innovation, including in relation to incentivising the development of new environmentally sound technologies. Likewise, however, the TRIPS Agreement already contains a number of important flexibilities that can be used by Members in appropriate circumstances to address potential abuses of IP rights. 254. Existing mechanisms consistent with the TRIPS Agreement are likely to be sufficient to deal with any problems arising from the abuse of patent rights. For example, a failure to supply an invention on reasonable terms and conditions within a reasonable time period, or outright abuses of patent rights, could be remedied by the issue of a compulsory licence, as permitted by Article 31 of TRIPS.

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