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

Mr. S. Harbinson (Hong Kong)
B Rules of Procedure of the Council for TRIPS
2. The Chairman recalled that, at its meeting on 24 May 1995, the Council for TRIPS had adopted the Rules of Procedure proposed in document IP/C/W/2, with the exception of Rule 33. On Rule 33, an issue had arisen which he had taken up, as agreed, with the Chairman of the General Council. Subsequent consultations on the same basic issue in regard to the procedures for the Council for Trade in Goods had led to the adoption by the General Council of an amendment to the rules of procedure for the Council for Trade in Goods. He suggested that the Council for TRIPS amend Rule 33 as contained in document IP/C/W/2 by adding a footnote to that Rule with the following text: "When the TRIPS Agreement specifically requires a decision to be taken by consensus and the matter is referred to the General Council under this Rule, the General Council shall take the decision only by consensus."