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

Ambassador Eui-yong Chung (Korea)
C.3.a Participation
36. The representative of Hungary did not agree with the comments made by the representative of New Zealand that paragraph 18 of the Doha Ministerial Declaration did not adjust the Article 23.4 mandate. Paragraph 18 not only added "spirits"; Ministers, by agreeing to the wording of paragraph 18, had also expressed the common wish of all WTO Members to participate in the system. Referring to the comments made by the delegation of Argentina that it was difficult, if not impossible, for all WTO Members to scrutinize all notifications that would be notified and challenged, he said that it was therefore important for successful challenges in the appropriate cases to have an erga omnes effect. The proposal tabled by his delegation (IP/C/W/234 and 255) provided for an erga omnes effect in the case of certain challenges: if one Member challenged and the challenge was justified, then the effect would be for all WTO Members. It would basically save effort and time for all other WTO Members.
TN/IP/M/4