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

H.E. Ambassador Lundeg Purevsuren
Chinese Taipei
1 NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT
13.   In compliance with Article 63.2 of the TRIPS Agreement, we notified the TRIPS Council of our recent amendments to the Copyright Act and the Patent Act in documents IP/N/1/TPKM/23 and IP/N/1/TPKM/24. In brief, the changes are as follows. 14.   First, to curb malicious online infringement, Articles 87 and 93 of the Copyright Act were amended on 1 May 2019. Under the amendment, persons knowingly broadcasting or publicly transmitting works that infringe economic rights, or that manufacture, import or sell equipment or devices preloaded with the computer programmes which have aggregated the Internet Protocol Addresses of such works and receive benefit therefrom, will face a sentence of up to two years imprisonment or detention, or in addition thereto, a fine of not more than TWD 500,000. 15.   The Patent Act was amended on 1 May 2019 and will take effect on 1 November 2019. The main amendments include: extending the term of design patent from 12 years to 15 years and loosening restrictions for the division of invention and utility model patent applications after approval. 16.   We will continuously fulfil our obligation to ensure accessibility and the transparency of our intellectual property system and encourage other Members to do so.
1.   The Chair invited the Secretariat to report on notifications that the Council had received since its meeting in June 2019.
2.   A representative of the Secretariat said that the Council had received the following notifications under Article 63.2 of the TRIPS Agreement:
a. Canada had notified an act that implemented the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in the trademark area; new Industrial Design Regulations that facilitated Canada's accession to the Hague Agreement concerning the international Registration of Industrial Designs; and amendments resulting from the College of Patents and Trademark Agents Act, which has an effect on various intellectual property laws;
b. Mexico had notified the General Declaration on Protection of the Appellation of Origin Raicilla;
c. Mauritius had notified amendments to its Copyright Act which made provisions on phonograms; lengthened the period of copyright protection; and introduced provisions regarding the Mauritius Society of Authors;
d. Japan had notified amendments to its Trademark, Patents and Designs Acts aimed at ensuring the confidentiality of documents that contain trade secrets during certification process; as well as a revised Unfair Competition Prevention Act that provides civil remedies against acts of unfair competition with respect to protected data; and
e. Chinese Taipei had notified amendments to its Patent and Copyright Acts.
3.   He added that, under Article 69, Maldives, Indonesia, Afghanistan and Kazakhstan had provided information on contact points for the exchange of information and cooperation on trade in infringing goods. The European Union and Kazakhstan had provided updates to their previous responses to the Checklist of Issues on Enforcement.
4.   The Chair invited delegations that had notified new or revised legislative measures, or submitted updates to their contact points, to introduce their notifications. He also invited other delegations to comment on them.
5.   The representatives of Mexico; Canada; Chinese Taipei; Japan; Mauritius; and Brazil took the floor.
6.   The Chair noted that notifications to the Council were not keeping up with the actual development of laws and regulations relating to TRIPS. He emphasized that Article 63.2 was not a one-off requirement. It was a core element of the TRIPS transparency arrangements, a central part of the Council's substantive work, and obliged Members to notify any new or amended laws. He urged Members to complete any outstanding initial notifications and to keep up to date notifications of subsequent amendments. The same applied to the Checklist of Issues on Enforcement, which had been established by the Council as an element of Members' notification obligations. The e-TRIPS platform made it much easier to fulfil these transparency obligations.
7.   The Chair encouraged Members to notify legislative changes made to implement the special compulsory licensing system to export medicines covered by the new Article 31bis of the TRIPS Agreement. More than 50 WTO Members, including many of the world's major exporters of medicines, had adopted implementing legislation that allowed them to use the System as exporters and/or importers. But only 19 Members, including the European Union, had formally notified such measures to the TRIPS Council. The notification of all relevant laws and regulations could assist Members in preparing for the potential use of the System. It would also help the Secretariat in its efforts to provide informed technical support to Members in this area.
8.   The Chair invited the Secretariat to provide an update on the e-TRIPS system.
9.   A representative of the Secretariat briefed Members on the development of e-TRIPS.
10.   The Council took note of the notifications and the statements made.
IP/C/M/93, IP/C/M/93/Add.1