2. The Chairman said that the meeting had been convened at the request of the delegation of Bangladesh to consider any outcome of consultations on a communication, dated 11 November 2011, that it had submitted on behalf of the LDC Group, entitled "Elements Paper on the Extension of the Transition Period under Article 66.1 of the TRIPS Agreement" (IP/C/W/566).

3. He recalled that he had held, on behalf of Ambassador González, an informal meeting of the Council on 15 November 2011 for the purpose of providing an opportunity for the LDC Group to present that document to the Council. At that meeting, his suggestion to convene the present formal meeting, pursuant to the request by Bangladesh, had generally been supported.

4. Since the informal meeting on 15 November, the LDC Group had worked together with a number of other interested delegations on a text on the issue of further extension of the transition period for least developed country Members. In addition, he had just held an informal meeting to consult on that matter.

5. In the light of those consultations, he suggested that the Council agree to submit the following text to the General Council with the recommendation that it be forwarded to the Eighth Session of the Ministerial Conference for its consideration:

"Ministers invite the TRIPS Council to give full consideration to a duly motivated request from Least Developed Country Members for an extension of their transition period under Article 66.1 of the TRIPS Agreement, and report thereon to the WTO Ninth Ministerial Conference."

6. The representative of the United States said that the transition period for least developed countries to implement the provisions of the TRIPS Agreement was a matter of great importance to the United States, to LDCs and to all Members of the WTO. The United States had supported the previous extension of the transition period in 2005 and worked constructively with LDC Members on securing that extension. Its support of that extension had been premised on the importance of promoting IP protection and enforcement, particularly as a significant driver of the development goals of LDCs. IP protection and enforcement provided critical incentives for creativity and innovation that would promote economic growth and create jobs, particularly in LDCs where these benefits were needed most. The TRIPS Agreement implementation facilitated these benefits. Her delegation recognized that, while significant challenges existed, many LDCs had IP laws and enforcement mechanisms in place and had taken commendable steps towards implementing TRIPS. It commended the progress by LDCs in this regard and thought it was essential to recognize and preserve those accomplishments and to continue that progress toward full implementation. In this spirit, the United States could join consensus, and looked forward to its continued work with LDCs in implementing the TRIPS Agreement.

7. The representative of Bangladesh, speaking on behalf of the LDC Group, welcomed the consensus that had been reached on the text, and thanked all delegations for their support and constructive approach to the Council's work on the LDC Group proposal, dated 11 November 2011, especially within the short time that had been available. The LDC Group hoped that the same spirit of cooperation and engagement would prevail during the actual discussions on the request for extension of the transition period under Article 66.1 that would be taking place in the TRIPS Council in the following years. He thanked in particular the Chair and the Secretariat for the very positive approach they had taken to convening the present additional session, and leading the Council towards an agreeable outcome.

8. The representative of Japan said that his delegation was very pleased that the Council had reached consensus on the matter despite tight time constraints. He commended the hard work done by the Members concerned. He believed that all Members, including the proponents of the present proposal, accepted that it was the prerogative of the TRIPS Council to give appropriate consideration to possible extensions of the transition period for LDC Members under the TRIPS Agreement. He said that all delegations had known that the Council meeting held in October and reconvened earlier that morning had been its last session prior to the eighth Ministerial Conference in December. He regretted that the issue had not been properly raised and discussed at the Council's last session. He looked forward to having a proper discussion on the issue in the coming sessions of the Council the following year.

9. The representative of Canada, joining the consensus, stressed Canada's interest in continuing dialogue with the LDCs within the Council as well as in the context of symposia and workshops on TRIPS implementation.

10. The representative of Australia, joining the consensus, said that Australia was pleased to see that there would be a positive message on the issue at the Ministerial Conference. His delegation looked forward to working further with the LDC Group on the issue the following year.

11. The representative of Switzerland said that he was happy to support the amended text for political guidance by Ministers at the eighth Ministerial Conference. He looked forward to continuing working with LDCs in the TRIPS Council.

13. The Chairman suggested that the Council adopt an update to its Annual Report (2011) covering the present meeting, which the Secretariat had prepared at the request of the Council and made available at the meeting.