396. The United States thanks South Africa for its paper.
397. Under the Work Programme on Electronic Commerce, the TRIPS Council is to examine the protection and enforcement of copyright and related rights as well as trademarks and new technologies and access to technology.
398. While there is renewed attention on the Work Programme, the TRIPS Council has never really stopped focusing on the issues identified by it. Indeed, ensuring widespread access to new technologies through protection and enforcement of copyrights and related rights and trademarks is at the very core of the work this Council does.
399. Presentations by developing countries and numerous international organizations in other bodies, such as the Working Group on Trade and Transfer of Technology, have emphasized roles of both developed and developing economies in ensuring access to technology. Developed country Members have discussed their extensive capacity building programmes and technology transfer initiatives, including as related to intellectual property protection and enforcement, designed to build the absorptive capacity of developing countries and LDCs. Meanwhile, Members have recognized the important role of the developing economy in creating an environment conducive to technology transfer. In particular, international organizations such as the World Bank, the United Nations Conference on Trade and Development, the Organization for Economic Cooperation and Development and the United Nations Food and Agriculture Organization have emphasized the importance of investment protection, removal of trade barriers to technology and strong intellectual property protection in creating an environment in which technology transfer can thrive.
400. In light of this background, as called for by the Work Programme on Electronic Commerce, this Council should focus on how the TRIPS Agreement ensures protection and enforcement of copyright and related rights as well as trademarks, and how that protection and enforcement relates to new technologies and access to technologies. Accordingly, the questions South Africa poses to frame the discussion, narrowly focused as they are on abusive anticompetitive practices and the measures governments may seek to use to remedy such specific, fact-dependent behaviour, constrain this mandate. An appropriate examination would focus on the application of the TRIPS Agreement to new technology, and how protection and enforcement of intellectual property rights can promote access to technology.
401. We do not support adding this issue as a standing agenda item. Nothing prevents Members from raising this or any issue in particular meetings.
