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

Mr. S. Harbinson (Hong Kong)
Unión Europea
D Implementation of Article 65.5
44. The representative of the European Communities said that in his delegation's view there could not be any doubt that Article 65.5 laid down a substantive obligation. As his delegation saw it, to the extent that Article 65.5 laid down a substantive obligation relating to the contents of domestic law, the provision concerned an obligation which referred to the subject matter covered by Article 63.1, i.e. laws, regulations, etc. made effective by a Member pertaining to the subject matter of the Agreement; Article 63.2 said that Members should notify such laws and regulations to the Council for TRIPS. Consequently, it seemed to his delegation that there was a straightforward logical link between the application of Article 65.5 and the notification requirement in Article 63.