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

H.E. Ambassador Dr. Walter Werner
Chad on behalf of LDC Group
9   FOLLOW-UP TO THE SIXTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT

106.   On behalf of the WTO LDC Group, I would like to take this opportunity to express our sincere thanks to the Chair for his leadership over the course of the Workshop on the Implementation of Article 66.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) held on 11 and 12 February at the WTO. 107.   The LDC Group would also like to thank and congratulate all the workshop participants for their enthusiastic and constructive involvement throughout the event. The LDC Group welcomes the opportunity provided for representatives from the capitals to give detailed presentations on items related to the priority areas in technological development under consideration. This was also an opportunity for individual LDCs to share their experiences with respect to priority projects – particularly those set out in the reports on Article 66.2 of the TRIPS Agreement. 108.   We would also like to express our gratitude to our developed country Members (the United States of America, Japan, Australia, the European Union, Canada, Norway, Switzerland and New Zealand) and all the other Members that took an active part in the workshop. The developed country Members presented a comprehensive summary of their reports and responded to some of our questions regarding observance of Article 66.2 of the TRIPS Agreement. 109.   The LDC Group also warmly welcomes the WTO Secretariat's commitment to supporting the efforts of LDCs to promote their economic and trade priorities through its organization of this workshop under a new format, which includes the increased involvement of multilateral and regional partner organizations. 110.   The preliminary assessment that we have conducted shows that some of the programmes mentioned by the developed country Members seem to improve the level of information and lead to technology transfer and incentives. However, it also appears that other programmes mentioned in the reports do not relate to Article 66.2 and are not consistent with it, even though what is required of developed country Members in this context is to specifically address and report on technology transfer and incentives under the article in question. 111.   There were two sides to the workshop held over the last two days. First, LDC participants had the opportunity to discuss their priority areas with respect to technological development and provide their views on the projects under Article 66.2 included in the reports of certain developed country Members. Second, developed country Members were able to present their 2018 reports specifically on the implementation of Article 66.2 of the TRIPS Agreement. 112.   In the follow up on this issue, we would encourage our partners to be more explicit and focused on technology transfer under Article 66.2 of the TRIPS Agreement. One thing is certain, and that is that this year's workshop has allowed for enhanced dialogue between LDCs and their developed country Members, which is very positive and likely to foster a more effective implementation of Article 66.2. LDCs need to develop a sound and viable technological base, not only under Article 66.2 but also in accordance with Article 66.1, taking into account both the development of a technological base and the UN Sustainable Development Goals. 113.   LDCs have a genuine need for incentives put in place by developed country Members to promote and encourage technology transfer to LDCs. We need to understand how the programmes developed actually contribute to technology transfer and incentives for transfer. We need Members to work actively alongside us in this area. 114.   As we end this workshop on technology transfer to LDCs under Article 66.2, the LDC Group supports the conclusions that have been drawn, particularly with a view to improving communication on the issue between LDCs and developed country Members. Access to relevant information will allow us to better gauge the implementation of and follow up on Article 66.2. 115.   It would therefore be useful to designate focal points among the LDCs to monitor technology transfer and ensure appropriate follow up. It seems to us that this is an important suggestion that should be made operational. 116.   Likewise, designating focal points among developed country Members to engage in the same follow up would be particularly relevant and help meet the expectations of LDCs. 117.   The LDC Group appreciates these direct and productive exchanges with developed country Members and thanks them for their flexibility in taking into account the LDCs' suggestions with respect to the priority projects raised. We fully support maintaining the new format for discussions. 118.   Technology transfer to LDCs is a key and decisive factor in our countries' economic growth. It is therefore important to emphasize that applying Article 66.2 and improving the use of the transparency mechanism on incentives for transfer of technology will undoubtedly contribute to improving relations between LDCs and our developed country Members in the short, medium and long term. 119.   On behalf of the LDC Group, we remain committed to a productive discussion on the implementation of Article 66.2 of the TRIPS Agreement and the continued involvement of our partners. 120.   We should continue to pursue these joint efforts to support LDCs in building institutional and human capacity so that they are able to integrate and develop technology that is appropriate to their economic growth.

28.   The Chair recalled that, at the previous meeting in November 2018, the Council had on its agenda the Sixteenth Annual Review under Paragraph 2 of the Decision on the Implementation of Article 66.2 of the TRIPS Agreement. At that meeting, delegations had briefly presented the reports submitted by developed country Members under Article 66.2(IP/C/W/646 and Addenda) as well as a proposal by the LDC Group entitled "Proposal on the Implementation of Article 66 of the TRIPS Agreement" (IP/C/W/640 and IP/RD/24). The Council had agreed that it would revert to the item at its next meeting to permit continued consideration of the submitted material.
29.   In order to give LDCs more time to absorb the information provided by developed countries in their reports, and also to ensure that those reports were available in the official languages of the WTO, the Article 66.2 Workshop, which would have usually been held in November 2018, had been postponed. The Workshop had taken place in the two days preceding the meeting of the Council. Some of the capital-based delegates, who had participated in that Workshop would participate in the discussions under this agenda item. He invited delegations to comment on the materials that had been submitted for the meeting that had taken place in November 2018 and to share their experiences from the Article 66.2 Workshop.
30.   The representatives of Chad, on behalf of the LDC Group, the Central African Republic, Senegal, Myanmar, Bangladesh, Vanuatu, Japan, Australia, Switzerland, the United States of America, Norway, New Zealand, the European Union, Canada and the African Regional Intellectual Property Organization (ARIPO) took the floor.
IP/C/M/91, IP/C/M/91/Add.1, IP/C/M/91/Corr.1