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

H.E. Ambassador Dr. Lansana GBERIE
Moldova, Republic of

19.   I would like to thank the WTO Secretariat for circulating the recently updated notifications as well as for assisting us in drafting these notifications under Article 63.2 of the TRIPS Agreement. This update contains all IP and TRIPS relevant changes in the Moldovan legislation between 2018 and 2022. For the sake of brevity, I will not present the notified modifications in a comprehensive manner. However, short descriptions are available on the notified document, however, we would like to point out two notifications which deserve attention. 20.   The first one is related to document IP/N/1/MDA/12. This relates to the Government decision 406 from 2017 which operates modifications to the Regulations on the procedure of filing and examination of patent applications and grants of the patents approved by the Government Decision N° 528 and this brings the regulations in line with the latest amendments to Law N°.50 from 2008. The amendments refer mainly to the rules applied within the procedure of examination and validation of European patent applications. There are also improvements to the general rules of filing and examination of patent applications, including the opposition and appeal procedures. 21.   Another notification which deserves our attention is document IP/N/1/MDA/13. These amendments are mainly related to the modifications of the courts' competencies. Previously the litigations had to be challenged within the court from the capitol of Moldova in Chisinau. However due to the recent modifications these litigations can be challenged in any court from Moldova's districts. The rest of the notifications represent the consolidated laws on GIs and patents. 22.   In conclusion, my delegation would like to take this opportunity to thank the WTO Secretariat, particularly Ms Natalie Carlson and Ms Sandra Smith, Josefita Pardo de Leon and Francisco Fernandez for their much-appreciated assistance in the process of up-dating our notification through the e- TRIPS Submission System. While this required some adjustments from our delegation in the approach of submitting a TRIPS notification, we find it very valuable. Indeed, it is very efficient and easy to use, and we would like to thank once again the Secretariat for their assistance provided.

The Council took note of the notifications and the statements made.
1. 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 March 2022, and said he would then offer the floor to delegations wishing to introduce their notifications.
2. The representative of the Secretariat said that the Council had received the following notifications, under Article 63.2 of the TRIPS Agreement:
a. Brazil had notified two amendments to its Copyright Act related to the collective management of copyright, and to the mentioning of voice actors in the credits of audio-visual works;
b. Japan had notified consolidated versions of its Trademark Act, its Design Act and its Patent Act;
c. Montenegro had notified amendments to its Law on Copyright and Related Rights, to its Patents Law and to its Law on the protection of Trade Secrets;
d. Croatia had notified a consolidated version of its Copyright and Related Rights Act;
e. Ukraine had notified amendments to its law on collective management of Copyright and Related Rights to ensure collection of rights revenues by collective management organizations.
f. Guatemala had notified amendments to its Regulations under the Law on Copyright and Related Rights to include the definitions derived from the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled;
g. Bahrain had notified a law concerning the protection of New Plant Varieties;
h. Republic of Moldova had notified a law on the protection of geographical indications, appellations of origin and traditional specialities, a government decision amending regulations on the filing and examination of patent applications and the issuance of patents, further laws amending and supplementing certain legislative acts;
i. Trinidad and Tobago had notified the Trade Mark Regulations, and Regulations relating to the Border Enforcement Measures on Trade Marks from 2020.
3. Under Article 69, Cote d'Ivoire had notified a contact point for enforcement of intellectual property rights.
4. The Chair invited delegations that had provided new or revised notifications to the Council to introduce those notifications. The representatives of Brazil, the European Union, the Bahrain, Kingdom of, Republic of Moldova, Trinidad and Tobago, Japan, Montenegro, Ukraine, and Guatemala took the floor.
5. The Chair thanked delegations for the information provided on their notifications. 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. It obliged Members to notify any new or amended laws in the area of TRIPS, including those recently adopted to address the COVID-19 pandemic. The requirement included the notification of legislative changes made to implement the special compulsory licensing system to export medicines covered by Article 31bis of the TRIPS Agreement. The notification of all relevant laws and regulations could assist Members in preparing for the potential use of the System, which was a matter of immediate practical concern at that moment. It would also help the Secretariat in its efforts to provide informed technical support to Members in this area.
6. He urged Members to complete any outstanding initial notifications and to keep up to date with notifications on subsequent amendments. The same applied to the Checklist of Issues on Enforcement which was established by the Council as an element of Members' notification obligations.
7. The Chair recalled that all these notifications could be made through the e-TRIPS Notification Submission System (NSS). The Secretariat was available to respond to any question in that regard.
8. The Council took note of the notifications and the statements made.
IP/C/M/105, IP/C/M/105/Add.1, IP/C/M/105/Corr.1