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

H.E. Ambassador Dr. Lansana GBERIE
1 NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT
40.   Ukraine would like to present its notification and to inform the WTO Members about the adoption of the law amending national legislation governing collective management system. 41.   The Law aims at ensuring the collection of royalty by collective management organizations (hereinafter – CMOs) with respect to public performance and broadcasting of musical non-dramatic works under extended collective management. The law entered into force on the 13 of February 2022. 42.   It provides for the possibility of voluntary collective management in these areas by registered CMOs within their catalogue until the tariffs are agreed upon by new accredited organizations according to the procedure of negotiations with the relevant users' associations. The law provides for the formation of a new personal composition of accreditation committee, sets timelines for it and for a selection process of new accredited CMOs in the mentioned areas. 43.   Given this opportunity, we would also like to inform you that on the 1 of April 2022 Ukraine adopted the Law n° 2174-IX with the purpose of protecting intellectual property interests of stakeholders during the martial law regime, imposed due to the military aggression of the Russian Federation against Ukraine. 44.   This law entered into force on the 13 of April 2022 and its provisions are aimed at maintaining the validity, use period and enforcement of intellectual property rights during and after the state of war. To fulfil our transparency obligation, we submitted appropriate notification to the e-TRIPS Submission System yesterday so that you will have an opportunity to familiarize yourself with the text of the Law. 45.   To conclude, we would like to reassure the WTO Members that Ukraine is doing its best to ensure efficient protection and enforcement of intellectual property rights, despite the brutal war launched by the Russian Federation.
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