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

Ms Irene Young (Hong Kong, China)
1 NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT
7. Australia is pleased to notify the Council of the following amendments to our IP legislation and regulations. 8. The first amendment has been implemented under the Intellectual Property Legislation Amendment (Fee review) Regulation 2016, which amended fees for obtaining intellectual property rights. Our intellectual property agency, IP Australia, reviews its fees every four years. 9. The second set of amendments has been implemented under the Intellectual Property Legislation Amendment (Single Economic Market and other Measures) Regulation 2016. This regulation made minor amendments to our regulations to ensure they aligned with rules under certain treaties administered by WIPO, and also provide regulations for the trans-Tasman attorney regime. 10. We have also notified an instrument that implemented the machinery for Australia's trans-Tasman patent attorney regime with New Zealand. The changes are contained in Schedule 4 of the Intellectual Property Laws Amendment Act 2015. These changes marked the commencement of the trans-Tasman attorney regime. 11. The Copyright Amendment (Disability Access and other Measures) Act 2017 made amendments to the Copyright Act 1968 to improve access to copyright material for libraries, archives and educational institutions and the wider Australian community. 12. The Copyright Regulations 2017 combined two existing copyright instruments into a single consolidated instrument and modernised certain provisions from those instruments.
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 October 2017.

2. The representative of the Secretariat said that the Council had received the following notifications under Article 63.2 of the TRIPS Agreement:

a. Norway had submitted its consolidated Patent Act (IP/N/1/NOR/P/10);

b. Finland had updated and completed its earlier notifications of legislation pertaining to the implementation of the TRIPS Agreement in the following areas: copyright and related rights, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, patents, utility models and plant varieties, as well as the protection of undisclosed information, measures to prevent the abuse of IPRs and enforcement-related legislation (to be circulated in the IP/N/1/FIN/* document series);

c. Ukraine had notified two resolutions: one approving the procedure for granting permission to use the patented invention (utility model) concerning medicines; and the second amending certain acts related to intellectual property (IP/N/1/UKR/P/3 and 4, respectively);

d. The Kyrgyz Republic had notified a comprehensive set of legislative measures amending and supplementing legislation in various field, including copyright and related rights, trademarks, geographical indications, patents, integrated circuit topologies and traditional knowledge, as well as criminal procedures (to be circulated in the IP/N/1/KGZ/* document series); and

e. Australia had notified its consolidated Copyright Regulations 2017 and its Copyright Amendment (Disability Access and Other Measures) Act 2017 (IP/N/1/AUS/C/19 and IP/N/1/AUS/C/20), as well as amendments to a number of legislative measures in the field of industrial property (IP/N/1/AUS/I/22, IP/N/1/AUS/O/7 and IP/N/1/AUS/O/8).

3. In addition, Mauritius had notified its initial responses to the Checklist of Issues on Enforcement (IP/N/6/MUS/1) and Finland had updated its responses to the Checklist (IP/N/6/FIN/2).

4. Finland and the Kyrgyz Republic had updated information regarding their respective contact points under Article 69 for the exchange of information and cooperation on trade in infringing goods (IP/N/3/FIN/1 and IP/N/3/KGZ/2). The information on the Members' transparency toolkit page had been updated accordingly.

5. As part of information that was also relevant to agenda item 10 on technical cooperation, Macao, China had notified an updated contact point for technical cooperation on TRIPS (IP/N/7/MAC/2).

6. 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.

7. The representatives of the European Union, Norway, Australia, Mauritius, and Ukraine took the floor.

8. 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.

9. The representative of the Secretariat briefed Members on the development of e-TRIPS1.

10. The Chairperson said that the e-TRIPS platform was a useful tool. Members should make good use of it and keep their notifications up to date, as required by Article 63.2 of the TRIPS Agreement. She encouraged the timely submission of responses to the Checklist of Issues on Enforcement, which had been established by the Council as an element of Members' ongoing notification obligations.

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

IP/C/M/88, IP/C/M/88/Add.1