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

Mr. S. Harbinson (Hong Kong)
D Implementation of Article 65.5
43. The representative of Canada said that further consultations were required on this matter. She wished to note at this time that, pursuant to Article 68 of the Agreement, the Council for TRIPS was charged with monitoring the operation of the Agreement and, in particular, Members' compliance with their obligations thereunder. Clearly, all Members of the WTO faced obligations as of the day that the TRIPS Agreement had come into force with respect to the requirements of Article 65.5. There was need for a means to enable the Council for TRIPS to fulfil its rôle in monitoring compliance with obligations under the TRIPS Agreement. How that might be accomplished, and with reference to which particular provisions of the Agreement, was something that probably required further consideration and discussion. She did not think that any delegation would wish to suggest notification burdens if these were not necessary; as a practical matter, all had acknowledged in the various consultations that had taken place to date on the question of notification that quite a large volume of work would be faced simply dealing with the basic requirements of Article 63.2 with respect to laws and regulations in developed country Members. However, she believed that the representative of the European Communities had raised an important and valid point which needed to be pursued in order to find reasonable means for the Council to carry out its rôle as expressed in Article 68.