Ambassador Dacio Castillo (Honduras)

Sudáfrica

11 CONTRIBUTION OF INTELLECTUAL PROPERTY TO FACILITATE THE TRANSFER OF ENVIRONMENTALLY RATIONAL TECHNOLOGY

335. South Africa would like to support Ecuador on this important issue. South Africa believes that the objective of IPRs should be to both promote innovation and facilitate the diffusion of technology, balancing legitimate interest in a socially beneficial manner. Article 7 of the TRIPS Agreement reflects the search for a balanced approach to IPR in the societal interest. The IPR regime is expected to contribute not only to the promotion of technological innovation but also to the transfer and dissemination of technology in a way that benefits all stakeholders and that respects a balance of rights and obligations. 336. In addition Article 8 recognizes Members' rights to adopt TRIPS-consistent measures to protect inter alia not only public health and nutrition, but also the public interest in sectors of vital importance to their social economic and technological development. This provision also recognises that Members may need to take appropriate measures provided that they are consistent with the TRIPS Agreement to prevent the abuse of IPRs by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.

The Council took note of the statements made.

11.1. The Chairman said that this item had been put on the agenda at the written request by the delegation of Ecuador. He recalled that, at the Council's meeting in March 2013, Ecuador had briefly presented, under "Other Business", its submission entitled "Contribution of Intellectual Property for Facilitating the Transfer of Environmentally Rational Technology" (IP/C/W/585 in English and French, and IP/C/W/Rev.1 in Spanish). That document had been discussed at the Council's meeting of June 2013 under agenda item "Intellectual Property, Climate Change and Development" that had been put on the agenda at the request of Ecuador. At Ecuador's request, the Council had continued this discussion at its meeting in October.

11.2. The representatives of Ecuador, Cuba, Chile, El Salvador, the European Union, India, Japan, Switzerland, the United States, China, South Africa, Australia, Brazil, and Benin took the floor under this agenda item.

11.3. The Council took note of the statements made.

IP/C/M/75, IP/C/M/75/Add.1