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

Ambassador W. Armstrong (New Zealand)
United States of America
H Review of legislation in the areas of trademarks, geographical indications and industrial designs
31. The representative of the United States recalled that a discussion had taken place at the Council's July meeting on the circumstances under which Members should provide responses to questions posed to them in the context of the review of national implementing legislation. At that time, a number of Members had questioned that they should be taken up in the review, given their claimed status as developing country Members of the WTO or as a transition economy Member of the WTO entitled to an extended transitional period under the TRIPS Agreement. Consideration had also been given to the difficulty that the Council would face in the year 2000, when a large number of Members would be obliged to notify their implementing legislation and would be taken up in the review exercise. The question had been raised, at that time, whether certain Members, in light of their advanced status and advanced implementation of the TRIPS Agreement, would be able to participate at this time in the review exercise. In presenting advance questions for this review exercise, his delegation had anticipated that these Members would be prepared to do so and had, consequently, addressed questions to Turkey, Singapore, Mexico, Kuwait, Korea, Israel, Hong Kong and Poland concerning their legislation in the areas presently under review. These questions had been asked on the understanding that the responses to them would be made without prejudice to the question as to whether a transitional period under Article 65 was applicable to a particular Member. The United States had also asked questions to Ecuador which, pursuant to the terms of its Protocol of Accession, was obligated to fully implement the TRIPS Agreement by 31 July 1996 and to be taken up in the review exercise at this time.
IP/C/M/11