336. The United States thanks South Africa for its paper. Under the Work Programme on Electronic Commerce, the TRIPS Council is to examine protection and enforcement of copyright and related rights as well as trademarks and the new technologies and access to technology.
337. While there is renewed attention on the Work Programme, the TRIPS Council has never really stopped focusing on the issues identified by it. 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. Presentations by developing country Members and numerous international organizations and other bodies, such as the Working Group on Trade and Transfer of Technology, have emphasized both rules in 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 IP protection and enforcement designed to build the absorptive capacity of developing countries and LDCs.
338. 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, UNCTAD, and the OECD 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.
339. In light of this background, as called for by the Work Programme on e-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 enforcement relates to new technologies and access to technologies. The questions posed by South Africa run largely contrary to this mandate. To the extent that a discussion moves forward in the TRIPS Council, an appropriate place to start would be how the TRIPS Agreement applies to new technologies and how the protection and enforcement of IP rights can promote access to these new technologies. Because of the apparently significant disconnect between Members on the topic, we do not support adding the Work Programme on Electronic Commerce as a standing agenda item.
