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

Mr. S. Harbinson (Hong Kong)
World Trade Organization
B.1 Notifications under Articles 1.3 and 3.1
9. The representative of the Secretariat said that the document attempted to set out what were the consequences of making notifications or not in respect of the obligations in question. In the part of the document referred to by the representative of Poland, the question of when the obligations entered into force was not addressed; the aspect of timing had been dealt with in another section of the document. Of course, for some Members of the WTO the obligations in respect of, e.g., copyright and related rights would enter into force generally speaking after five years. Nevertheless, as set out in paragraphs 17 through 20 of the document on the timing of notifications, it might be useful for all Members of the WTO to consider whether they wished to make any notifications by 1 July 1995. The point that was made there was that the notifications in question would be relevant to the scope of the obligations on national treatment and m.f.n. treatment under the Agreement, which entered into force for all Members of the WTO as of 1 January 1996. After that date, each producer of phonograms that met any one of the relevant criteria would have to benefit from national treatment and m.f.n. treatment, but the substantive standards of protection would only have to be met by some Members of the WTO at the end of a transitional period of five years to which they were entitled.