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

Ambassador István Major (Hungary)
C.i; C.ii; C.iii Legislation on copyright and related rights (Bulgaria, Hungary, Poland, Romania and the Slovak Republic); Legislation on trademarks, geographical indications and industrial designs (Bulgaria and Romania); Legislation on enforcement (South Africa)
13. The Chairperson recalled that there were six Members whose legislation had already been taken up in the 1996/97 review exercise, but for whom certain parts of the review still needed to be completed. These Members were Bulgaria, Hungary, Poland, Romania, the Slovak Republic and South Africa. For Bulgaria, Hungary, Poland, Romania and the Slovak Republic, legislation in the area of copyright and related rights still had to be reviewed, while the same applied also with respect to Bulgarian and Romanian legislation in the areas of trademarks, geographical indications and industrial designs. As regards Poland, legislation in the area of industrial property also still needed to be reviewed but, as agreed at the Council meeting in November 1997, that review would be undertaken at a later stage, once Poland had brought that legislation into conformity with the Agreement. In respect of South Africa, he recalled that the Council had not yet fully addressed the review of South African enforcement legislation, which had been taken up at the Council's last meeting in February 1998. He suggested that the Council address these remaining parts of the 1996/97 review exercise on a country-by-country basis and, in accordance with the procedures for the reviews, in alphabetical order. Each of these delegations would be asked to respond orally to questions posed to them, to the extent that responses had not been submitted prior to the meeting and circulated to Members.3 At the same time, the delegation would be asked to provide a brief introductory overview of the structure of its country's legislation in the area(s) to be reviewed and of the changes, if any, that it had had to bring about in order to make the legislation compatible with the TRIPS Agreement. After the presentation of responses, the floor could be offered to other delegations for any comments or other questions. The Council proceeded as suggested by the Chair. 14. The record of the introductory statements made by the delegations, the questions put to them and the responses given (including written responses to be given after the meeting) will be circulated in the IP/Q/- series (copyright and related rights); the IP/Q2/- series (trademarks, geographical indications and industrial designs); and the IP/Q4/- (enforcement) series of documents, respectively, as follows: IP/Q/BGR/1 Bulgaria IP/Q/HUN/1 Hungary IP/Q/POL/1 Poland IP/Q/ROM/1 Romania IP/Q/SVK/1/Add.1 Slovak Republic IP/Q2/BGR/1 Bulgaria IP/Q2/ROM/1 Romania IP/Q4/ZAF/1 South Africa

3 Written questions concerning the legislation to be reviewed which had been received from the European Communities and their Member States, Japan and the United States prior to the meeting had been distributed in documents IP/C/W/92, 95, 96, 100 and 101. Written responses to some of these questions which had been received from Bulgaria, Hungary and Romania prior to the meeting had been distributed in documents IP/C/W/97 to 99.