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

Mr. W. Armstrong (New Zealand)
European Union
E Implementation of Articles 70.8 and 70.9
26. The representative of the European Communities said that the European Communities and their Member States considered Articles 70.8 and 70.9 fundamental elements of the TRIPS Agreement, which were intrinsically linked with the 10 year transitional period of Article 65.4 of the Agreement. As the United States, his delegation wished to express its concern that Pakistan did not seem to be willing to comply with this part of the "do ut des" agreed in the TRIPS negotiations. Although his delegation had shared its concerns with Pakistan more than a year ago, no response had been received from Pakistan as regards the necessary implementing measures relating to Articles 70.8 and 70.9. More generally, he wished to stress that the establishment of a "mailbox" was only part of the obligations under the provisions of Article 70.8 and 70.9. In addition, the necessary legal provisions had to be adopted so as to allow beneficiaries of "mailbox" applications to invoke rights they should be entitled to under the provisions of the TRIPS Agreement, on the basis of their application, and to enforce these rights in five to ten year's time.