24. I take the floor to report that Fiji has provided its response to the TRIPS Council for the outstanding questions required to complete the review of Fiji's legislation and the Fijian Government is most grateful for all the assistance and support provided by the WTO Secretariat, especially the TRIPS Division and the Trade Policy Review Body in this regard. This is in an effort to conclude the long outstanding review of Fiji's legislation implementing the TRIPS Agreement.
25. Whilst we acknowledge that the extraordinary long delay in providing a response to the TRIPS Council cannot be justified so simply, Fiji has undergone various political changes over the last decade. Despite the political changes and given the increasing influence intellectual property has had to Fiji's international trade relations and with Fiji being a Member of TRIPS, trademarks and patents have become a source of economic and technological development for Fiji's economy. I am pleased to announce that this gave rise to the establishment of the Fiji Intellectual Property Office (FIPO) in 2011 under the Office of the Attorney-General, charged with implementation of Fijian IP laws.
26. Between 2009 and 2013, Fiji was focused on domestic reform to set a firm democratic footing for Fiji's future development. This included the elaboration of a Roadmap for Democracy and Sustainable Socio-Economic Development, which in turn, set out a process for widespread consultations for the formulation of a new constitution. This constitution, which is the first constitution in Fiji to eliminate the legal enforcement of ethnic voting, and contains unprecedented provisions for social and economic rights in addition to political and civil rights, came into force on 7 September 2013. During the period where the new Constitution was being formulated, and prior to it entering into force, only priority legislation reform required during that transition period was undertaken.
27. As such, it was only subsequent to the Constitution entering into force, and subsequent to Fiji's first successful democratic elections held under the provision of this Constitution in September 2014, that Fiji has been able to put in place a comprehensive legislative reform agenda. This legislative reform agenda includes the reform to Fijian IP laws that have been foreshadowed as necessary in the responses provided to the TRIPS Council. This legislative reform agenda has recently been elaborated upon at the WTO during Fiji's 3rd Trade Policy Review last week, on 23 and 25 February 2016. Moreover, it is important to note that since the establishment of Fiji's Permanent Mission in Geneva, Fiji is able to actively participate and promote Fiji's national interest at international organisations, including the WTO.
28. The various laws that fall within the ambit of FIPO are the Trademarks Act (CAP240), Patents Act (Cap 239) and the Copyright Act 1999. While limited amendments to these IP laws have been passed since the TRIPS Council briefing in 2001, Fiji recognises that much still needs to be done. The Fijian Government is currently working with WIPO to review its intellectual property laws to ensure, inter alia, that they are in conformity with the TRIPS Agreement.
29. Some of the challenges that Fiji has faced in the intellectual property front is the various institutional realignments that have taken place over the years, lack of awareness and capacity constraints. Notwithstanding these challenges, there have been various cases concerning copyright infringement that have passed through our judicial system, and the judicial and law enforcement units are also developing their understanding of the various offences under Fiji's IP laws.
30. In the responses circulated by Fiji, we have answered 83 questions in total, with 59 of these being additional question asked by Members subsequent to Fiji's original responses. Without delving into the details of the responses provided, it is clear to us that the process of responding to the outstanding questions from Members, difficult as it was, has been very useful as a transparency exercise. Moreover, it has been helpful to our authorities by highlighting the areas of concern where our legislation reform may need particular focus. In conducting Fiji's legislative reform in this area, Fiji will no doubt seek further cooperation and expertise from the international community where needs are identified.
31. Fiji thanks the Members for their patience in the conclusion of Fiji's IP legislation review, and trusts that Members are satisfied with the responses that Fiji has been able to provide. Provided that we have done so, and that there are no further questions for Fiji, we hope that we can conclude today the Council's review of Fiji's legislation implementing the TRIPS Agreement.
32. Allow me to add a few words, not directly related to the review of Fiji's IP legislation, but on an issue of importance. This relates to the protocol amending the TRIPS Agreement that will improve access to affordable medicine. Fiji is fully seized of the benefits of accepting the Protocol amending the TRIPS Agreement, and is positively inclined to undertake the necessary domestic procedures through Cabinet and Parliament in order to deposit the instrument of acceptance of the Protocol amending the TRIPS Agreement.
33. Finally, Fiji wishes to place on record thanks to the Secretariat which has assisted Fiji in providing the necessary responses to the outstanding questions from Members, and in supporting our efforts to successfully conclude this Review.
