Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Ambassador Vanu Gopala Menon (Singapore)
P.iii Transitional review under Section 18 of the Protocol on the Accession of the People's Republic of China
240. The Chairman reminded the Council that paragraph 18 of China's Protocol of Accession required the TRIPS Council to review the implementation by China of the TRIPS Agreement each year for eight years. He recalled that the Council had taken up the first review under paragraph 18 at its meeting in September 2002 in combination with its normal review of China's TRIPS implementing legislation. Paragraph 18 required the Council to take up the second review at its next meeting in November. He further recalled that paragraph 18 required China to provide relevant information, including information specified in Annex 1A, to the TRIPS Council in advance of the review. In accordance with paragraph VI of Annex 1A to the Protocol of Accession, China should notify the Council of any amendments to copyright, trademark and patent law, as well as relevant implementing rules covering different areas of the TRIPS Agreement bringing all such measures into full compliance with and full application of the TRIPS Agreement and the protection of undisclosed information. It should also provide information on enhanced IPR enforcement efforts through the application of more effective administrative sanctions, as described in the Report of the Working Party on the Accession of China. The Council was required to report the results of such review promptly to the General Council. He suggested that the Council take note of this information and come back to the issue at its next meeting.