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

Ms Irene Young (Hong Kong, China)
303. We have already referred to the entry into force of the Protocol amending the TRIPS Agreement. WTO and its Members should work together towards its full implementation, fulfilling the expectations of society and stakeholders regarding the benefits of the multilateral trade system. We are confident that the expertise of the Organization will prove valuable to that task. 304. In that regard, we would like to mention the Regional workshop on Trade and Health that is scheduled to be held next November, in Brasília, for the benefit of Latin American countries. This is a concrete step in providing assistance to countries for the proper implementation of the Protocol. Brazil is appreciative of the initiative and we look forward to continuing working with the Secretariat on similar activities. 305. We would also like to comment on the OECD study mentioned in document IP/C/W/633/Add.5 regarding goods in transit. Rules in WTO agreements treat freedom of transit as a basic tenet. While Parties may require the compliance of some provisions by goods in transit, those rules do not live in a void under the relevant multilateral norms. Such goods, for instance, shall not be subject to unnecessary delays or restrictions and the procedures shall be reasonable. Lastly, Article 51 brings clear requirements to be followed by customs authorities regarding the suspension of release of goods, as well as the relevant legislation that should be considered – that is, the law of the country of importation. Adequate balance should be provided in this matter, ensuring the trade of legitimate goods while combatting abusive behavior by right-holders.
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