72. The representative of the European Communities said that, since the Council's previous meeting, his delegation had reflected on those questions concerning electronic commerce that might be relevant to the work of the TRIPS Council. The submission that his delegation had just tabled contained some general observations, including the fact that the technology neutral language of the TRIPS Agreement was suitable to cover both on-line and off-line transmissions. The document also attempted to identify a number of specific issues. The first was linked to the fact that intellectual property rights, and the exceptions thereto, were territorially based. It was appropriate to reflect on possible implications, in particular in the area of industrial property, notably trademarks. The question of choice of law and proper forum to grant relief for infringements was a key issue, already under discussion in WIPO. The document also raised the question of whether or not there was a need for additional protection, which might result from the current shortcomings of national and international rules. Another important question concerned whether or not there was a need to clarify certain basic concepts, such as the definition of publication, the country of origin, the right holder and the treatment of transient copies. He noted that the Secretariat background note had helped the reflections of his delegation in this regard. With regard to all these matters, the Council should be aware of the results of the work done or underway in other fora. He also referred to the issue of Internet domain names, which was being discussed in WIPO, and to a document that the European Communities had recently tabled in that context. He concluded by noting that, while the submission of his delegation identified a number of relevant matters, it did not contain, at this stage, precise proposals as to whether or not it was indispensable or appropriate to look at these matters in the TRIPS Council. He would welcome questions, comments and submissions by other delegations.
