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

Mr. S. Harbinson (Hong Kong)
E.i Notification provisions of the Berne Convention and the Rome Convention incorporated by reference into the TRIPS Agreement but not explicitly referred to in it
23. The Chairman said that, as agreed at the Council's meeting of 21 September 1995, the Secretariat had prepared a background note aimed at explaining the nature of the various notification provisions in question, which had been circulated as document IP/C/W/15. This document had been briefly discussed at the Council's meeting of 21 November 1995, but since it had, at that time, only just been made available, the Council had agreed to revert to the matter at its first meeting in 1996. The annex to the document showed that there were very few countries who had availed themselves of the options in the corresponding provisions of the Berne Convention or the Rome Convention themselves. 24. The Chairman drew attention to paragraph 15 of the document, in which it was pointed out that the Council had already dealt with similar notification procedures under certain provisions of the Berne Convention and the Rome Convention incorporated into the TRIPS Agreement by reference, when it had taken the decision concerning notifications under Articles 1.3 and 3.1 of the TRIPS Agreement.1 He suggested that the Council handle questions relating to notifications addressed in document IP/C/W/15 in a similar low-key way, and would simply invite each Member wishing to make such notifications to make them to the Council for TRIPS, even if the Member in question had already made a notification under the Berne or Rome Convention in regard to the same issue, and draw Members' attention to the discussion in paragraphs 16 through 21 of the document of questions relating to the timing of these notifications.

1 IP/C/M/2, paragraphs 11-12