H.E. Ambassador Dr Walter Werner

Japan

12 LDC GROUP PROPOSAL ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT (IP/C/W/640)

341.   While not necessary to mention, the delegation of Japan recognizes the importance of Article 66.2 of the TRIPS Agreement for LDCs, taking into account their economic, financial and administrative constraints. 342.   This delegation understands that incentives to achieve technology transfer include a variety of measures including such as financial support and business infrastructure arrangement and so on, because one of the major obstacles for enterprises and institutions to transfer technologies to LDCs, is lack or insufficiency of sound or comprehensive business environment in LDCs. 343.   In particular, a lack or insufficiency of IP systems hinders enterprises and institutions from transferring their technologies to LDCs. Therefore, supporting the business environment of LDCs by strengthening the protection of IP is one of the effective ways to advance technology transfer by enterprises and institutions. 344.   In this context, this delegation believes that activities noted in the Japanese Article 66.2 report contribute to creating a sound and viable technological base in LDCs, which will also encourage and bring further technology transfers by enterprises and institutions. 345.   This delegation thanks the LDC Group for preparing the room document with ideas of incentives. We need to have time to consider it carefully. Nevertheless, at this moment, we have a general concern that the list might rather limit the implementation of Article 66.2. 346.   Japan will continue to make its utmost efforts to improve business environments in LDCs so that they can become even more conducive to transferring technology. This delegation looks forward to meaningful discussions in this Council or the annual workshop designated to the discussion of Article 66.2, as opportunities for working further with LDC Members in this context.

39.   The Chair said that the Central African Republic, on behalf of the LDC Group, had requested the inclusion of the agenda item "LDC Group Proposal on the Implementation of Article 66.2 of the TRIPS Agreement". Reference had been made to an earlier communication from the LDC Group, on the same topic, that had already been introduced at the Council's last meeting (circulated in document IP/C/W/640). As requested by Bangladesh on behalf of the LDC Group, he had also facilitated an informal meeting between representatives from the LDC Group and developed country Members, which had taken place the previous week. Those initial discussions of the LDC Group Proposal had focused on the incentives needed to encourage companies to transfer technologies to LDCs and on the reporting mechanism. They had been very constructive.
40.   As follow up to that initial discussion, the LDC Group had also made available an illustrative list of incentives for consideration by Members. Printed copies of the room document RD/IP/24 had been made available for delegations in French and English.
41.   The representatives of Chad, on behalf of the LDC Group; Bangladesh; the United States; India; Norway; New Zealand; the European Union; Canada; Australia; Switzerland; Japan; Brazil; and Nepal took the floor.
42.   The Chair said that he would continue to facilitate consultations amongst Members to find possible solutions.
43.   Council took note of the statements made.

IP/C/M/89, IP/C/M/89/Add.1