Ms Irene Young (Hong Kong, China)

Brésil

15 OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS

511. The issue of observer status has a long history in this Council. According to document IP/C/W/52/Rev.13, there are currently 13 pending requests from international intergovernmental organizations. Those demands should be assessed on their own merit, considering the competence and interest that those organizations have in the world of the TRIPS Council. That is why Brazil has consistently supported the incorporation of the South Centre and the CBD Secretariat as observer to the Council. 512. In addition to having observer status in several international organizations, the South Centre is an observer to the Committee on Trade and Development in the WTO. Approving its request to become an observer at the TRIPS Council. It would contribute to a more meaningful participation of developing countries in the Council. This would not in any way harm the interests of other Members or prejudge their position. 513. The CBD is an agreement ratified by as many as 196 Parties. Unlike other permanent observers, the CBD is directly implicated in a number of items of the TRIPS Council's permanent agenda. A specific item regarding the relationship between the TRIPS Agreement and the CBD is part of the built-in agenda of every TRIPS Council meeting. Those discussions could greatly benefit from the participation of the CBD Secretariat. 514. Brazil reiterates its view that decisions should be made on the South Centre and CBD Secretariat as a matter of priority. We invite the one delegation currently opposing it to present reasoning behind its opposition, what so far has not occurred. 515. Following consultations with our colleagues from the African Group, Brazil is in the position to support permanent observer status to OAPI and ARIPO. We recognize the positive contribution they have already provided to the discussions in this Council and we understand that their participation as permanent observer status would enhance this contribution to the Council. 516. In the meantime, we would like to stress the necessity of reaching a holistic solution regarding the outstanding observer status requests.

IP/C/W/52/Rev.13

The Council so agreed.

66. The Chairperson recalled that there were 13 pending requests by intergovernmental organizations for observer status in the Council for TRIPS.³ At previous meetings, a number of delegations had reiterated their support for granting regular observer status to the South Centre, the Secretariat of the Convention on Biological Diversity (CBD) and the International Vaccine Institute. Other delegations had signalled that they could agree to grant regular observer status to the African Regional Intellectual Property Organization (ARIPO), the African Intellectual Property Organization (OAPI), the Cooperation Council for the Arab States of the Gulf (GCC), and the European Free Trade Association (EFTA). These four organisations currently enjoyed an ad hoc observer status, granted on a meeting-to-meeting basis.

67. She urged Members to consider the requests on their individual merits, in particular with regard to the competence and interest that the requesting entity had in matters dealt with by the TRIPS Council.

68. The representatives of Brazil; South Africa; India; China; Ecuador; Bolivarian Republic of Venezuela; the United States; and the European Union took the floor.

69. The Chairperson thanked Members for their flexibility. She noted that the Council had reached consensus regarding the requests from ARIPO and OAPI. In light of the discussion, she proposed that the Council grant regular observer status to ARIPO and OAPI.

70. The Council took note of the statements made and so agreed.

71. Regarding the pending requests, the Chairperson encouraged Members to try to resolve their differences amongst themselves, and offered her assistance. She proposed that, since it had not been possible to reach an agreement to grant regular observer status to the GCC and EFTA, the Council should again invite these two organizations to attend its next meeting on an ad hoc basis. This would be in line with the agreement reached at the Council's meeting in November 2012 on granting ad hoc observer status to these organizations on a meeting-by-meeting basis.

72. The Council so agreed.

IP/C/M/87, IP/C/M/87/Add.1