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

Mr. S. Harbinson (Hong Kong)
C.2.i Procedures for giving effect to the obligation to notify implementing legislation under Article 63.2
17. The representative of Switzerland wished to stress, in reaction to the comments made by the delegation of Tunisia, that his delegation was fully in favour of exploring all possibilities for cooperation with WIPO in order to rationalize the work to be undertaken by the Council as much as possible and, in particular, to avoid duplication of notifications already made to WIPO. In this regard, he noted that most Members were also member states of WIPO and that paragraph 4 of document IP/C/W/6 already envisaged this type of coordination. One thing that had to be borne in mind, though, was that the legal context in which notifications had to be made was quite different under the TRIPS Agreement from that under, for example, the Paris Convention. Another element that should be duly considered was how modifications of legislation should be dealt with. This applied not only in respect of modifications of existing legislation but also of future amendments. The legal problems that might arise in this respect should not be underestimated.