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

Ambassador C. Trevor Clarke (Barbados)
European Union
B.i Meeting of 23 October 2009, p.m.
58. The representative of the European Communities recalled the United States' statement that the mandate directed Members "to find procedural ways", and that the wording of Article 23.4 did not mention "procedural ways", but "to facilitate protection". If procedural ways facilitated protection, that would be acceptable to his delegation. However, it did not believe that simply providing the decision-making authorities with facts that were already available on the internet was not facilitating protection. He disagreed with statements by the United States and Australia that his delegation privileged some facts over others. The EC simply preferred that exceptions remained exceptions and did not become rules, and that those who claimed that an exception should apply had to substantiate their claim. This was not an extraordinary demand, and his delegation believed that this was the only way to facilitate protection, rather than the examination, of GIs.
TN/IP/M/23