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

H.E. Ambassador Lundeg Purevsuren
26.   Brazil would like to inform that it has recently notified to the TRIPS Council the legislation that will be the basis to eliminate Brazil's backlog on patents, in a similar way we have done with our backlog on trademarks. These are Resolutions 240 and 241 of our national patent office, which are available in English. 27.   These and other efforts are part of Brazil's vision of the fundamental role of intellectual property for economic development. We are carefully reflecting on initiatives to stimulate innovation as a top priority. Important steps are being made to improve our legal framework and increase the production and dissemination of creativity and knowledge. 28.   The Patent Backlog Elimination Plan aims to reduce 80% of pending requests by 2021, when there will be a new assessment on the matter. Our aim is also to reduce the average concession time to about two years from the examination request. 29.   We will give more information to Members on these legislations in the next meeting of the TRIPS Council, when they are going to be circulated.
The Council took note of the notifications and the statements made.
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