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

Ambassador Alfredo Suescum (Panama)
13 WORK PROGRAMME ON ELECTRONIC COMMERCE
331. As co-sponsors of the documents JOB/IP/21 and JOB/IP/22 we wish to endorse the statements by EU, Canada, Mexico and Singapore and others, and wish to continue substantive discussions on e-commerce. We also would like to highlight the importance of this topic for our economy. E commerce is seen as an opportunity for growth, particularly for SMEs. According to a study by the Electronic Chamber of Commerce of Colombia this area grew by 64% in 2015 and is expected to have a similar growth for 2016. In the same way there is a total of 40million USD of transactions exceeding more than 16million USD, approximately 4% of GDP for 2015, and accounted for 2.6% of GDP for 2014. I would also like to highlight the importance of IP in the development of e-commerce, stressing particularly two aspects. 332. First of all, this trade includes services and products that are based on intellectual property such as informatics computer programmes, designs, music, training systems etc., and the granting of necessary licences thereto. For these products the value is based on production of intellectual property and defence against possible infringement. Here, trademark protection is very important with respect to development of knowledge and good reputation which are very important on the internet and which needs trademark protection and protection from unfair competition. 333. At the same time and as a second important aspect, intellectual property protects those electronic systems which enable online trade itself. Computer programmes, networks, integrated circuits, interfaces, etc., are all elements of intellectual property which must be protected under intellectual property rights. I would also like to underscore how these elements are dealt with in the documents that are under discussion and it is important to bear them in mind for a future development of programmes on electronic commerce.
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