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

Ambassador Carmen Luz Guarda (Chile)
25. The representative of India said that the early review, on which the Chair was holding consultations with individual Members, raised a systemic issue. While taking note of what the Chair had said about such a review being without prejudice to the entitlements under Article 65, his delegation had a concern regarding the legal status of the review itself. As he understood it, the review should enable Members which were availing themselves of entitlements under Article 65 to have their legislation reviewed earlier than required but, just as under the current review exercise, in one go. However, if the review would reveal shortcomings in their legislation, they would be expected to amend their legislation and have it reviewed again by the Council. He expressed his delegation's difficulties with such a procedure which would put an additional burden, not only on the Member in question, but also on the Council. He suggested that the Chair address this issue in informal consultations.