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

Ambassador Carmen Luz Guarda (Chile)
Corée, République de
B Notifications under Article 4(d)
6. The representative of Korea said that, according to the second paragraph of the joint notification from the Andean Pact countries, the notification did not only relate to the Cartagena Agreement "but also to the regulations which have been or may in the future be adopted by the Andean Community or its Member countries". In his delegation's view, the spirit of Article 4(d) was to avoid any conflict for a WTO Member between obligations assumed as a WTO Member and specific obligations which that Member already had under existing international agreements in the field of intellectual property. Although he had not looked in detail into the nature, scope and conditions of the special treatment, in the area of intellectual property, accorded to other countries under the Cartagena Agreement, it was the view of his delegation that a regional (economic integration or trade) agreement, unless it specified such special treatment in the field of intellectual property and unless it had been notified in detail to the TRIPS Council, could not always be referred to as a grandfathering agreement in regard to any new additional special treatment which had been or might be adopted after the entry into force of the WTO Agreement. His delegation wished to reserve its rights to pursue this matter further in the Council.