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

Ms Irene Young (Hong Kong, China)
World Trade Organization
1 NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT
1. Under Article 63.2. of the Agreement, the Council has received the following notifications: • From Norway, the Act Relating to the Right to Employees' Inventions as amended in October 2015; • From Chinese Taipei, the consolidated version of the Copyright Act as amended in November 2016, the consolidated version of the Patent Act as amended in January 2017 and of the Enforcement Rules of the Patent Act as amended in April 2017, as well as the consolidated version of the Trademark Act as amended in November 2016 and of the Enforcement Rules of the Trademark Act as amended in March 2017; and • From China, revised Regulations (i) for the Implementation of the Copyright Law, (ii) on the Protection of New Plant Varieties, and (iii) on Computer Software Protection, all adopted in January 2013. 2. These notifications are referred to on the revised agenda for this meeting. They are available in the IP/N/1- series of documents, and the actual texts of laws are on the Documents Online database. 3. Gabon has notified its responses to the Checklist of Issues on Enforcement. No other initial responses or updates to earlier responses have been submitted since our last meeting. 4. Liberia has submitted information regarding contact points under Article 69 for the exchange of information and cooperation on trade in infringing goods. The information on the Members' transparency toolkit page has been updated accordingly.
The Council took note of the notifications and the statements made.
1. The Chairperson invited the Secretariat to report on notifications that the Council had received since its meeting in June 2017.

2. The representative of the Secretariat said that the Council had received the following updates to earlier notifications of laws and regulations notified under Article 63.2 of the TRIPS Agreement:

• Norway had notified an Act Relating to the Right to Employees' Inventions as amended in October 2015 (IP/N/1/NOR/P/9);



• Chinese Taipei had notified consolidated versions of the Copyright Act as amended in November 2016 (IP/N/1/TPKM/C/12); the Patent Act as amended in January 2017 (IP/N/1/TPKM/P/8); the Enforcement Rules of the Patent Act as amended in April 2017 (IP/N/1/TPKM/P/9); the Trademark Act as amended in November 2016 (IP/N/1/TPKM/T/7); and the Enforcement Rules of the Trademark Act as amended in March 2017 (IP/N/1/TPKM/T/8); and



• China had notified revised Regulations for the Implementation of the Copyright Law (IP/N/1/CHN/C/4); on the Protection of New Plant Varieties (IP/N/1/CHN/P/4); and on Computer Software Protection (IP/N/1/CHN/C/5), all adopted in January 2013.



3. In addition, Gabon had notified its responses to the Checklist of Issues on Enforcement (IP/N/6/GAB/1). No other initial responses or updates to the earlier responses had been submitted since the Council's meeting in June.

4. Liberia had submitted information regarding its contact points under Article 69 of the Agreement for the exchange of information and cooperation on trade in infringing goods (IP/N/3/LBR/1). The information on the Members' transparency toolkit page had been updated accordingly.

5. The Chairperson invited delegations that had notified a new or revised legislative measure, or given responses or updates to the enforcement checklist, to briefly introduce the changes.

6. The representatives of the Norway, Chinese Taipei and China took the floor.

7. The Chairperson drew Members' attention to document IP/C/W/636, which contained the questions that India had posed to the European Union concerning a recent "Commission notice on the customs enforcement of Intellectual Property Rights concerning goods brought into the customs authority of the Union without being released for free circulation including goods in Transit".1

8. The representatives of India, the European Union and Brazil took the floor.

9. The Chairperson invited the Secretariat to provide an update on the development of e-TRIPS, an online platform for filing and consulting notifications and other Council documentation.

10. The representative of the Secretariat briefed Members on the development of e-TRIPS.

11. The Chairperson noted that, in many cases, notifications to the Council were not keeping up with the actual development of laws and regulations relating to the TRIPS Agreement. She recalled that Article 63.2 was not a one-off requirement, but obliged Members to notify any new or amended laws. She, therefore, urged Members to keep up to date their notifications by notifying any new or revised laws or regulations, as well as complete their initial notifications, in case any material was still outstanding. The same applied for the Checklist of Issues on Enforcement (IP/C/5), which had been established by the Council as an element of Members' notification obligations.

12. The Council took note of the notifications and the statements made.

IP/C/M/87, IP/C/M/87/Add.1