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

Mr. S. Harbinson (Hong Kong)
C.1.iv Articles 1.3 and 3.1
46. The Chairman recalled that Articles 1.3 and 3.1 of the TRIPS Agreement relating to the definition of beneficiary persons under the Agreement and to national treatment allowed certain exceptions to the normal rules, provided that notifications were made to the TRIPS Council. Various issues in this connection were discussed in paragraphs 13-17 of document PC/IPL/7/Add.2. It would seem important that any procedures for giving effect to these notification requirements be developed with as little delay as possible since Members wishing those notifications that stem from provisions of the Rome Convention to be effective from 1 January 1996 should make them before the middle of 1995. He invited delegations to address in particular the question raised in paragraph 14 of document PC/IPL/7/Add.2 concerning possible procedures for handling this matter. 47. The Chairman asked whether it would be acceptable to proceed so that WTO Members would be invited to make any notifications they wished to make under these provisions by the end of June 1995. To facilitate such notifications and to forestall any unintended differences between notifications under the TRIPS Agreement on the one hand and the Berne and the Rome Conventions on the other, the Secretariat would be requested to compile, with the assistance of WIPO and the United Nations Legal Office, a complete listing of the notifications already made under the relevant provisions of the Berne Convention or the Rome Convention and to circulate that compilation to the TRIPS Council. It would be understood that these arrangements would be without prejudice to the right of a Member to make notifications at a later date if it so wished.