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

H.E. Ambassador Dagfinn Sørli and Ambassador Dr. Lansana Gberie

38.   Thank you, Chair, for giving me the opportunity to introduce Brazil's notifications IP/N/1/BRA/5, IP/N/1/BRA/6 and IP/N/1/BRA/7. 39.   In general terms, Law 10,695 of 1 July 2003, known as the "Law to Combat Piracy", amends the Penal Code and the Criminal Procedure Code regarding crimes of violation of copyright and related rights. The Law modifies Articles 184 and 186 of the Penal Code, which typify the crime of violating copyright and related rights and establish the nature of the criminal action. Eight new provisions are introduced in the Criminal Procedure Code regarding the procedures for the search, seizure and destruction of goods produced or reproduced in violation of copyright. With the publication of this amendment, holders of copyright and related rights now have specific legal provisions for the investigation and punishment of crimes against copyright, which are no longer treated as crimes of small offensive potential. 40.  Notification IP/N/1/BRA/6 refers to Law No. 13,606 of 9 January 2018. The said text was proposed by the Brazilian Congress and mainly concerns changes to agricultural fees and taxes. Nevertheless, Article 27 amends the Plant Variety Protection Law, including by adding one exception to the plant-breeder rights and by adding a provision that exempts small farmers from paying fees when applying for protection. 41.  Notification IP/N/1/BRA/7 refers to Law No. 14,195 of 26 August 2021, which amended a series of commercial laws and regulations with a view to improving the ease of doing business in Brazil. One of the main changes brought by the law is the revocation of Article 229-c of Law No. 9,279 of 14 May 1996 (LPI), ending the need of prior consent of the National Health Surveillance Agency (Anvisa) for the granting of patents for pharmaceutical products and processes. The amendment also revoked the sole paragraph of Article 40 of the same Law, which guaranteed a post-grant minimum period for patents (ten years) and for utility models (seven years). This last provision had been considered unconstitutional by the Supreme Court before it was formally removed from the Law.

The Council took note of the notifications and the statements made.
4. The Chair invited the Secretariat to update delegations on the notifications under various provisions of the TRIPS Agreement that had been submitted since the meeting in October 2021, to then offer the floor to delegations wishing to introduce their notifications.
5. The representative of the Secretariat said that the Council had received the following notifications, under Article 63.2 of the TRIPS Agreement:
a. Australia had notified amendments to its Designs Act that implemented recommendations from a review of its designs systems, providing more flexibility to designers in the early stages of getting registered design protection;
b. Japan had notified revisions to its Design Act, Patent Act, Trademark Act and Copyright Act;
c. The Russian Federation had notified amendments to its laws permitting compulsory licensing with regard to patents, industrial designs, and layout-designs, and introducing provisions that allow compulsory licensing of pharmaceutical products for export;
d. The Kingdom of Saudi Arabia had notified has notified a Law on Commercial Courts that established rules and procedures for commercial courts that included claims and violations arising from the implementation of intellectual property laws;
e. The United Arab Emirates had notified a new law on the Regulation and Protection of Industrial Property Rights encompassing patent, utility model, industrial design, integrated circuit layout design, as well as undisclosed information;
f. The United States had notified its Trademark Modernization Act of 2020, which provided, inter alia, new procedures to challenge Federal applications and registrations with bogus or inaccurate claims of use;
g. Trinidad and Tobago had notified a consolidated version of its Trade Mark Act, which modernized numerous aspects of the trademark regime, including definitions, well-known marks, registry organization and border enforcement protection against counterfeit trademark goods;
h. The United Kingdom had notified a Trade Mark and International Mark Amendment Regulation 2021, addressing questions of retained European Law pertaining to trademarks; and two Orders amending the 2016 Copyright and Performances Order extending further protections to certain countries' nationals in order to implement recent free trade agreements signed by the United Kingdom and in response to countries recently joining the WIPO Performances and Phonograms Treaty;
i. Switzerland had notified amendments and regulations related to: patents and the Federal Patent Court; drugs and medical devices; Protection of Trademarks and Indications of Source; protection of designations of origin and geographical indications for agricultural products; use of Swiss indications for foodstuffs; copyright and related rights; designs protection; as well as on the protection of the coats of arms of Switzerland, the Swiss Red Cross, and the Names and Emblems of the United Nations Organization and other Intergovernmental Organizations; and
j. Brazil had notified amendments to its Industrial Property Act, its Plant Variety Protection Law, and several other laws and regulations in order to promote the ease of doing business.
6. The Chair invited delegations that had provided new or revised notifications to the Council to introduce those notifications. The representatives of Australia; Brazil; Trinidad and Tobago; Japan; Switzerland; the United States; the United Kingdom; the Kingdom of Saudi Arabia; and the Russian Federation took the floor.
7. The Chair invited the Secretariat to introduce the "Annual Report on Notifications and other information flows" (document ).
8. The representative from the Secretariat took the floor.
9. The Chair thanked delegations for the information provided on their notifications and welcomed the information provided by the Secretariat. He noted that notifications to the Council were not keeping up with the actual development of laws and regulations relating to TRIPS and emphasized that Article 63.2 of the TRIPS Agreement was not a one-off requirement. It was a core element of the TRIPS transparency arrangements, and a central part of the Council's substantive work. The "Annual Report on Notifications and Other Information Flows" (document ), which had been introduced by the Secretariat provided a Member-by-Member overview of each Members' most recent notifications and a number of Members had not notified any of their legislative changes for, sometimes, over ten years.
10. He urged Members to keep up-to-date their notifications by submitting any new or revised laws or regulations to the Council, as well as completing their initial notifications in case any material was still outstanding. The same applied to the Checklist of Issues on Enforcement which had been established by the Council as an element of Members' notification obligations. In this regard, he commended Switzerland for the submission of updates to its responses. However, most of the responses by other Members had not been updated for the last 20 years. Detailed information on individual Members was available from the Annexes of the Annual Notification Report.
11. The Chair recalled that all these notifications could be made through the e-TRIPS Submission System. The Secretariat was available to respond to any question in that regard.
12. The Council took note of the notifications and the statements made.
IP/C/M/104/Add.1, IP/C/M/104/Rev.1, IP/C/M104