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

Mr. S. Harbinson (Hong Kong)
États-Unis d'Amérique
C.2.i Procedures for giving effect to the obligation to notify implementing legislation under Article 63.2
9. The representative of the United States said that the working documents in question had been very useful to his delegation for focusing its thinking on the procedure for the notification of laws and regulations and their subsequent review as of next year. Given the magnitude of the undertaking, in particular for delegations that had to notify next year, there would probably be a fair amount of trial and error in optimizing the review process. Although the general thrust of documents IP/C/W/6, 7, 8 and 9 was acceptable, his delegation had some concerns with the mechanics of the proposed procedure. He wondered whether the Chairman and the Secretariat could provide some clarification as to, in particular, how the review of the notifications would actually take place; whether all Members would submit questions individually and whether the Secretariat would have some rôle in it. The only substantive point he wanted to make, at this stage, concerned the moment on which notifications would be due according to document IP/C/W/7. Laws and regulations had to be notified before or at the time that a corresponding substantive obligation came into effect. His delegation wished to underline the importance of the principle of this obligation to notify as of 1 January 1996 and would be reluctant to agree to delays for as long as until the end of March.