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

Mr. S. Harbinson (Hong Kong)
A.2.i Procedures for giving effect to the obligation to notify implementing legislation under Article 63.2
4. The representative of Egypt said that developing countries still had time to have a second look at the decision in document IP/C/W/6/Rev.1, given the transitional periods applying to them under the Agreement and as the prevailing understanding was that the decision in question would not be set in stone and that the Council would have to consider the entire system of notification procedures again when, in due course, obligations would start applying for developing countries, in the light of experience gained. Therefore, she believed that it would be appropriate to state also in this decision that the procedure in question was open for review. Such a review might also be warranted in the light of an agreement that might be reached on a common register. She proposed to insert a preambular paragraph in the decision with similar language to that proposed for the checklist on enforcement. Her delegation wished to reserve its position on paragraph 11 of the decision with regard to translation of "other laws and regulations". Her delegation fully agreed and concurred with paragraph 10 of Section 3 of the decision, requiring that a listing of these laws and regulations be provided together with a brief description of the relevance of each law and regulation to the provisions of the Agreement, but believed that the onus for any further and additional requests as described in paragraph 11 of the decision should be on the requesting Members. With regard to paragraph 12, she said that her delegation was not going to stand in the way of reaching a consensus on the checklist either, but reserved its right, in accordance with the understanding reached, as an integral part of the decision, to consider that checklist again when, in due course, obligations would start applying for developing countries, not only in the light of the notifications presented by developed countries and the experience gained therefrom but also on the basis of her delegation's own evaluation and assessment of the importance of such a checklist and its effectiveness, especially in view of the fact that her delegation was going to notify its enforcement law in its entirety. In conclusion, she reiterated that her delegation was not going to stand in the way of a consensus, but wished to stress that it was entitled to renegotiate this checklist, at the appropriate time, so as to adapt it to the needs, requirements and capacity of developing countries to notify while bearing in mind the necessity of lightening the burdens concerned.
IP/C/M/4