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

H.E. Ambassador Dr Walter Werner
10 TECHNICAL COOPERATION AND CAPACITY BUILDING
279.   The history of evolution of IP rules in developed countries suggests that the design of IP rules and policies should be adaptable to the changing needs of societies. This is reflected by the fact that the levels of IP protection in developed countries increased as their industrial and technological capacities improved over time. While IPRs may provide an incentive to innovate, they are neither a necessary nor a sufficient condition and could only be effective in certain contexts; 280.   We have seen firms using patents and other forms of intellectual property in anti-competitive ways. Firms may use patents as a strategic deterrent by building up "patent thickets," which make incremental or follow-on innovation by other firms a more challenging and costly process. Non-Practicing Entities (NPEs) also have been identified by many policymakers as a costly impediment to innovation and economic growth. 281.   IPRs cannot boost innovation if the required conditions – skills, information, capital, market prospects – do not exist. Therefore, the strength of IP rules should be calibrated to the levels of development in country. In countries where the required conditions to benefit from strong IP protection do not exist, IP protection may be more costly than beneficial.
33.   The Chair said the TRIPS Council had regularly conducted annual reviews of technical cooperation and capacity building activities at its end of the year meeting, based on reports submitted by developed country Members, international organizations and the WTO Secretariat. In line with past practice, he suggested the following approach:
a. The next review should take place at the meeting of the TRIPS Council, scheduled for 89 November 2018;

b. Developed country Members were invited to submit information on their activities, pursuant to Article 67 of the TRIPS Agreement. Other Members who also engage in technical cooperation were, of course, encouraged to share information if they so wished;

c. Intergovernmental organizations with observer status in the TRIPS Council, as well as the WTO Secretariat, were invited to report on their relevant activities; and

d. The deadline to submit written information would be set on 12 October 2018, i.e. four weeks prior to the TRIPS Council meeting, in order to allow timely circulation before the meeting.
34.   The Council so agreed.
IP/C/M/89, IP/C/M/89/Add.1