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

Mr. S. Harbinson (Hong Kong)
Unión Europea
C.2 Notification of legislation giving effect to obligations already applicable
65. The representative of the European Communities said that there were three types of legislative and related actions taken by Members which were relevant as of 1 January 1995 and which should therefore be subject to rapid notification to the TRIPS Council. First, Article 65.5 contained an obligation to ensure that any changes in laws, regulations and practice made during the transitional period did not result in a lesser degree of consistency with the provisions of the TRIPS Agreement. His delegation deduced from this obligation that, in order to allow Members to monitor compliance with this obligation as of 1 January 1995, any subsequent changes in domestic law relevant to the TRIPS Agreement should be notified. Second, he mentioned national legislation enacted for the purpose of ensuring conformity with the provisions of the TRIPS Agreement. Although no Member was obliged to submit for circulation such modifications of their national legislation before its corresponding TRIPS obligation came into force, he believed that it would be very useful if Members, nevertheless, were to do so; his delegation would do so shortly. Third, he mentioned the obligations arising from Article 70.8. He welcomed the notifications made by Brazil and India but noted with concern that quite a number of other Members who should have enacted national legislation or measures in order to implement Article 70.8 either had not done so or had not submitted notifications.