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

Ambassador W. Armstrong (New Zealand)
États-Unis d'Amérique
J.i Protocol of Accession of Ecuador
62. The representative of the United States said that his delegation had been surprised when at the Council's September meeting Ecuador had indicated that it intended to avail itself of the full transitional period for developing country Members under Article 65 of the TRIPS Agreement. It was the clear understanding of his country's officials who had been involved in the accession process of Ecuador that Ecuador had accepted the obligation to comply fully with the TRIPS Agreement, without recourse to the transitional provisions stipulated in Article 65, by 31 July 1996. His delegation was also of the understanding that the representatives of Ecuador had fully understood this obligation and accepted it. This issue had specifically been addressed during the accession negotiations and was clearly reflected in the documents concerning Ecuador's accession to the WTO. The third paragraph of Part I of the Protocol of Accession of Ecuador indicated that, except as otherwise provided in paragraph 81 of the report of the Working Party on the Accession of Ecuador, the transitional provisions of the TRIPS Agreement and of any WTO Agreements would apply to Ecuador. Paragraph 78 of the report of the Working Party said that "[t]he representative of Ecuador confirmed that the date of application of the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights for Ecuador will be no later than 31 July 1996". Paragraph 81 of the report incorporated by reference this statement in paragraph 78. Consequently, it was clear that Ecuador had committed itself to fully implement the TRIPS Agreement by 31 July 1996. He expressed his delegation's deep concern with Ecuador's apparent unwillingness to meet these obligations, which might set an unfortunate precedent.