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

Ambassador W. Armstrong (New Zealand)
E Implementation of Articles 70.8 and 70.9
40. The representative of Pakistan said that his country had fulfilled its obligations under Article 70.8 and 70.9 of the TRIPS Agreement with the issuance by the President of Pakistan, on 4 February 1997, of an ordinance providing that all applications filed after 1 January 1995 should be considered validly filed and enabling persons who would have filed applications as from 1 January 1995 until the date the ordinance was issued to still do so and receive a filing date. With respect to the obligations under Article 70.9 of the TRIPS Agreement, the ordinance provided that exclusive marketing rights would be granted where (a) the applicant was granted a patent and marketing approval for the product that was the subject of a corresponding application in another WTO Member and (b) the applicant was granted marketing approval in Pakistan. He said that his delegation would notify the ordinance shortly and was working on the notification of a mutually agreed solution with the United States delegation.