Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Alfredo Suescum (Panama)
280. Paraguay welcomes the contribution on electronic commerce and copyright (JOB/IP/19), which describes three areas of possible convergence in the WTO as regards existing links between electronic commerce and copyright. As stated in the aforementioned document, new technologies continue to transform business models and copyright management, for right holders, businessmen, users and regulatory bodies. Paraguay therefore supports the idea of making this system more transparent through the voluntary notification of national and regional legislation, regulations or systems relating to the management of copyright in the digital environment. 281. Moving on to the communication on electronic signatures (JOB/IP/20), the delegation of Paraguay endorses and supports Brazil's statements, this being a matter of interest identified by various WTO Members. 282. For instance, document JOB/IP/21, entitled "Trade Policy, the WTO, and the Digital Economy", refers to the recognition of e signatures and authentication in its "Regulatory Frameworks" box. The recognition of e signatures could serve as a trade facilitation tool, as it seeks to ensure the authenticity, integrity and privacy of online cross border transactions and communications, thereby providing greater security and predictability for users. Notifying this Council of similar regulations will facilitate comparisons and discussion regarding the use of e signatures, and we therefore encourage further analysis of this issue on the basis of contributions from other Members. 283. Lastly, another interesting aspect of document JOB/IP/21, which Paraguay co sponsors, is the idea of increasing dialogue with other international bodies engaged in work on the digital economy. Within the framework of the Work Programme on Electronic Commerce, and given its importance in the discussion in this Council, we consider it important to listen to any initiatives and comments from the WIPO Secretariat in respect of the digital economy and existing links between intellectual property and electronic commerce, both in terms of international agreements and cooperation projects.
The Council took note of the statements made.
69. The Chairman informed the Council that, to prepare the discussion under this item, Brazil had submitted a communication on Electronic Commerce and Copyright (document JOB/IP/19) which had been co-sponsored by Argentina. He suggested that Brazil introduce the agenda item and discuss the issues that it was proposing for consideration, and that the Council then turn to three other submissions related to the Work Programme on E-Commerce which the respective co-sponsors might wish to introduce.

70. He recalled the most recent mandate in the field of e-commerce and the state of play of the work. At MC10 in December 2015, Ministers had decided to "continue the work under the Work Programme based on the existing mandate and guidelines and on the basis of proposals submitted by Members in the relevant WTO bodies". They had also instructed the General Council to hold periodic reviews "based on the reports that may be submitted by the WTO bodies entrusted with the implementation of the Work Programme and report to the next session of the Ministerial Conference" (document WT/MIN(15)/42 – WT/L/977).

71. In June 2017, the TRIPS Council had resumed discussions on e-commerce. This discussion had been based on Canada's written submission circulated in document IP/C/W/613. Canada had shared its national experience to fight the selling of counterfeit products over the internet. At the Council's meeting in November 2016, Canada had called for a continuation of the sharing of national experiences and practices as this would support the Council to respond to the Ministerial mandate. In line with the addendum to its earlier communication (document IP/C/W/613/Add.1) Canada had also said that it wished to consult with other delegations on how to advance the Work Programme on E-Commerce in this Council. It had been joined by a number of other delegations.

72. The Chairman also referred to three other communications under this item: a communication on Electronic Signatures that had been co-sponsored by the delegations of Argentina, Brazil and Paraguay (document JOB/IP/20); a communication on Trade Policy, the WTO and the Digital Economy that had been circulated at the request of the delegations of Canada; Chile; Colombia; Côte d'Ivoire; the European Union; the Republic of Korea; Mexico; Montenegro; Paraguay; Singapore and Turkey (JOB/IP/21 of 13 January 2017); and a communication on Electronic Commerce and Development, recently circulated in document JOB/IP/22 at the request of the delegations of Brunei Darussalam; Colombia; Costa Rica; Hong Kong, China; Israel; Malaysia; Mexico; Nigeria; Pakistan; Panama; Qatar; Seychelles; Singapore and Turkey.

73. The representatives of Brazil, Argentina, Paraguay, Bangladesh on behalf of the LDC Group, Switzerland, the United States, Norway, the European Union, Singapore, Chinese Taipei, Canada, the Republic of Moldova, Mexico, Australia, Turkey, Colombia, the Russian Federation, Chile, the Republic of Korea, India and New Zealand took the floor.

74. The Chairman said that, in light of the discussions and the earlier exchange of views at the Council's meetings in June and November 2016, there seemed to be a continuing interest of delegations in discussing issues related to intellectual property and e-commerce. He therefore encouraged Members to consider how to carry forward issues related to e-commerce in the TRIPS Council. An in-depth debate would, indeed, constitute a sound basis for the Council to contribute to the periodic review that the General Council had been requested to hold, as well as to provide input for the General Council report to the next Ministerial Conference. Such a discussion would be an opportunity to create a clear and inclusive factual picture of the current state of affairs as the foundation for informed dialogue between Members.

75. The Council took note of the statements made.

IP/C/M/85, IP/C/M/85/Add.1