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

H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)
14 DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS
815.   We welcome the LDC Group's request for an extension of the transition period under TRIPS Article 66.1 in line with the explanation given by the LDC Group. 816.   Due to financial, economic and structural difficulties, we know that LDCs have been facing various problems in complying with the TRIPS Agreement. In addition to this, the challenges of COVID19 make the situation even more difficult. Thus, we totally understand LDCs' need for flexibility. 817.   As it hosted the fourth UN Conference on LDCs in Istanbul in 2011, Turkey leads several initiatives to increase the capacities of LDCs and especially to disseminate technology and technical know-how for LDCs. In this respect, Turkey hosts the UN Technology Bank for Least Developed Countries, which aims to help LDCs with building the necessary capacity in intellectual property rights, conducting the transfer of technology, and creating innovation. 818.   As stated in the Marrakesh Agreement, the need for positive efforts are vital for the development of LDCs. This effort will also provide assistance for LDCs to fully implement the TRIPS Agreement. 819.   In this respect, we are in favour of the inclusion of a development dimension in IP systems. We also believe that it is beneficial for LDCs to have necessary policy space for crafting proper protection for intellectual property in their national capacity.
The Council took note of the statements made and agreed to revert to the matter at its next meeting.
78. The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group; and a communication had been circulated. She recalled that the transition period for LDC Members had been extended twice: Most recently, by the TRIPS Council Decision of 11 June 2013. Regarding extensions of the transition period, the second sentence of Article 66.1 of the TRIPS Agreement provided that "The Council for TRIPS shall, upon duly motivated request by a least developed country Member, accord extensions of this period." She invited the LDC Group to introduce the request.
79. The representative of Chad, on behalf of the LDC Group took the floor.
80. The Chair invited Members to take the floor.
81. The representatives of Bangladesh; Bangladesh, on behalf of the LDC Group, Nepal; Mali; Cambodia; Angola; Afghanistan; Senegal; Jamaica, on behalf of the ACP Group; China; South Africa; Argentina; Egypt; Tanzania, on behalf of the African Group; Indonesia; Turkey; the United States of America; the European Union; Oman; India; Japan; Nigeria; the United Kingdom; Switzerland; and the World Health Organization (WHO) took the floor.
82. The Chair proposed that the LDC Group consult with the Members, that had intervened at the present meeting, to bridge the differences. She would also be available to consult with Members. Considering the time-sensitivity due to the upcoming deadline in 2021, she proposed to revert to the request at the next meeting.
83. The Council took note of the statements made and agreed to revert to the matter at its next meeting.
IP/C/M/96, IP/C/M/96/Add.1