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

Ms Irene Young (Hong Kong, China)
300. I take this floor to respond to the document IP/C/W/633/Add.5. Article 67 of the TRIPS Agreement states: In order to facilitate the implementation of this Agreement, developed country Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in favour of developing and least developed country Members. Such cooperation shall include assistance in the preparation of laws and regulation on the protection and enforcement of intellectual property rights as well as abuse and shall include support regarding the establishment or reinforcement of domestic offices and agencies relevant to those matters, including training of personnel. 301. At its meeting on 13 June 2017, the Council had agreed to invite intergovernmental organization observers to the Council to update information on their technical and financial cooperation programme relating to implementation of the TRIPS Agreement. In its document IP/C/W/633/Add.5, the organization is trying to pass off some study it had conducted as part of technical cooperation, which it is clearly not so. 302. I also take this opportunity to inform that the WHO has assessed Indian National Regulatory Authority on nine different functionalities and declared with a maturity level of 4 (the highest level) on five functions and maturity level of three in respect of four other functions. I also second the Brazilian delegate that the terminology Substandard and Falsified Medical Products be used as the old terminology "Substandard/Spurious/Falsely-labelled/Falsified/Counterfeit" surfaced from a lack of global common understanding, sometimes confusing the phenomenon of substandard and falsified product with protection of IP Rights.
The Council took note of the statements made and agreed to revert to the matter at its next meeting.
49. The Chairperson recalled that, at its meeting in June, the Council had agreed to hold the annual review of technical cooperation at the present meeting. Developed country Members had been requested to update information on their technical and financial cooperation activities relevant to the implementation of the TRIPS Agreement. Other Members who also provided technical cooperation were encouraged to share information on these activities. The Secretariat had issued an airgram, on 4 July 2017, reminding Members of this request. Intergovernmental organizations, which were observers to the Council, and the WTO Secretariat had also been invited to provide information.

50. The Council had received information from: Japan, Australia, the United States, Canada, New Zealand, Switzerland and Norway (IP/C/W/632 and its addenda). The report from the European Union and some of its individual member States and agencies, namely Croatia, the Czech Republic, Denmark, Estonia, France, Germany, the Netherlands, Slovakia, Spain, Sweden and the United Kingdom, as well as the Community Plant Variety Office had been received shortly before the meeting and was being circulated as an addendum to document IP/C/W/632.

51. The following intergovernmental organizations had also submitted updated information: the Food and Agriculture Organization (FAO); the United Nations Conference on Trade and Development (UNCTAD), the World Intellectual Property Organization (WIPO), the World Health Organization (WHO), the Cooperation Council for the Arab States of the Gulf (GCC), the African Regional Intellectual Property Organization (ARIPO), and the World Customs Organization (WCO) (IP/C/W/633 and addenda). Updated information on the WTO Secretariat's own technical cooperation activities in the TRIPS area was available in document IP/C/W/634.

52. The Chairperson said that, since some of the information had been received only very recently, and most of it was, so far, available only in its original language, she intended to provide Members a further opportunity to comment on the information at the Council's next meeting.

53. The representatives of Australia; the United States; Norway; the European Union; Canada; Japan; New Zealand, the WTO Secretariat, ARIPO, the GCC, the WHO, UNCTAD, India, Brazil, and China took the floor.

54. The Chairperson said that the reports by Members and IGO observers provided valuable information about specific activities, as well as the broader policy considerations that were guiding capacity building activities of individual Members and Observers. She encouraged Members to make good use of this resource.

55. The Council took note of the statements made and agreed to revert to the matter at its next meeting.

IP/C/M/87, IP/C/M/87/Add.1