Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Mothusi Palai (Botswana)
Bahrain, Kingdom of
12. Further to document IP/N/1/BHR/5, circulated on 21 April 2014, Bahrain has submitted a revised notification in IP/N/1/BHR/5/Rev.1, circulated on 2 September 2014, updating the original notification with the unofficial English translation of its main IP laws and regulations under Article 63.2 of the TRIPS Agreement. The unofficial English translation can be found at the footnote of the revised notification. We would also like to thank the Secretariat for preparing a corrigendum (IP/N/1/BHR/5/Rev.1/Corr.1) informing Members of the correction referring to the Arabic version of Law No. 16 of 2006 amending Law No. 16 of 2004 with respect to geographical indications. If there are any questions or enquiries regarding this notification, we would kindly ask that Members submit them in writing.
The Council took note of the statements made.
1.1. The Chairman said that, since its meeting in June 2014, Vanuatu had made its initial notification of its laws and regulations. The notification referred to its laws on copyright and related rights, trademarks, patents, designs, layout-designs for integrated circuits, geographical indications and trade secrets, as well as to a number of secondary acts relating to these laws.

1.2. In addition, the Council had received a number of updates to earlier notifications of laws and regulations notified under Article 63.2 of the Agreement:

• Montenegro had notified amendments to its Law on Trademarks;

• Panama had notified amendments to its Industrial Property Law and the Law on Plant Variety Protection, as well as its approval of the Budapest Treaty, the PCT, the TLT and the International Convention for the Protection of New Varieties of Plants (Act of 1991);

• Bahrain's earlier notification of a complete set of laws relating to trademarks, trade secrets, geographical indications, patents and utility models, industrial design and integrated circuits had been updated by means of a notification of the unofficial English translations of these laws;

• the Russian Federation had notified amendments to its Civil Code; and

• the Republic of Korea had notified a Presidential Decree that provides for implementing rules regarding the expropriation and implementation of the patent right. The Decree included provisions implementing the Paragraph 6 System into domestic law.

1.3. These notifications of laws and regulations were available in the IP/N/1- series of documents, and the actual texts of laws in sub-series of documents in electronic form on the Documents Online database.

1.4. As regards notifications of contact points under Article 69 for the exchange of information and cooperation on trade in infringing goods, since the Council's meeting in June 2014, Botswana and Lao People's Democratic Republic had submitted their respective contact points. In addition, Malta had notified an updated contact point. The information on the Members' transparency toolkit page had been updated accordingly.

1.5. As emphasized in informal consultations held on 27 October 2014, he encouraged the Members that had notified a new or revised legislative measure, or a new or updated response to the Checklist of Issues on Enforcement to briefly inform the Council about the nature of the notified amendment or update.

1.6. The representatives of Montenegro; Bahrain; Colombia; the Republic of Korea; the Russian Federation and Panama briefly introduced their respective notified legislative measures.

1.7. The Chairman recalled that, at the informal consultations held on 27 October 2014, the Secretariat had updated delegations on its work regarding the development of a reporting tool that would help transition to a full online system. The representative of the Secretariat summarized the state of play for the Council based on its earlier reporting on this process.

1.8. The Chairman said that, bearing in mind the information provided by the Secretariat, while there had been recent progress, there was a clear gap between the development of legislation regarding the protection and enforcement of intellectual property within WTO Members' domestic frameworks and the laws and regulations that had been notified to the Council. He, therefore, urged those Members whose initial notifications of laws and regulations remained incomplete to submit the outstanding material without delay. Equally, he urged other Members to fulfil their obligation under the TRIPS Agreement to notify any subsequent amendments of their laws and regulations without delay after their entry into force. He especially encouraged Members to notify changes made to their laws and/or regulations to implement the Decision on TRIPS and public health. Such notifications would assist the Council in its review of the operation of the TRIPS Agreement.

1.9. The Council took note of the statements made.

IP/C/M/77, IP/C/M/77/Add.1