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

Ambassador Carmen Luz Guarda (Chile)
États-Unis d'Amérique
D Implementation of Article 70.8 and 70.9
41. While thanking the delegation of Morocco for its notification, the representative of the United States recalled that his delegation had already, at many previous meetings of the Council, stressed the importance of notifications by those countries which were subject to obligations under Article 70.8 and 70.9. He continued to believe that a number of Members still had an obligation to make a notification under Article 70.8 and 70.9 and hoped that the Members in question were in the process of preparing and providing those notifications. In addition, he wished to highlight that the notifications in question needed to specify more than only the place where mailbox applications could be filed, notably the legal basis for the filing authority to receive mailbox applications under Article 70.8 as well as for the grant of the exclusive marketing rights stipulated in Article 70.9. His delegation knew of a number of United States companies that were either preparing requests for exclusive marketing rights or going through the procedures that would be incidental to the process of obtaining those marketing rights. His delegation would like to be able to confirm to these companies that procedures as required by Article 70.9 were available and to provide information as to what these procedures were. Accordingly, his delegation urged those Members which were taking advantage of transitional provisions under Article 65.4 either to make a notification or to clarify their notification so as to ensure that all relevant information regarding implementation of Articles 70.8 and 70.9 would be available through the TRIPS Council.