26. The representative of the European Communities informed the Council that consultations under the DSU had been held between the European Communities and their Member States on the one hand, and India on the other, regarding the implementation of Article 70.8 and Article 70.9. While still in the process of analysing the Pakistani situation, he was pleased with the action taken by Pakistan concerning the implementation of Articles 70.8 and 70.9. His delegation shared the concerns expressed by the United States delegation with respect to Article 70.8 and 70.9 in general, adding that there might even be a number of countries which were not fully aware of the existence of Article 70 of the TRIPS Agreement and of the obligations flowing from its paragraphs 8 and 9. His delegation was considering a more systematic approach to this matter in due course. A review of the implementation of paragraphs 8 and 9 of Article 70 would probably be a good exercise in order to gain clarity on what had been done and had not been done in this area. He concurred with the United States' statement on paragraph 9 of Article 70 that obligations with respect to the implementation of exclusive marketing rights had been in place for some time already and that right holders must be enabled to make the necessary preparations well in advance of an actual application.
