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Minutes of meeting

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World Trade




23 August 2001


Council for Trade-Related Aspects

of Intellectual Property Rights

Held in the Centre William Rappard

from 18 to 22 June 2001

Chairperson: Ambassador Boniface Chidyausiku (Zimbabwe)

Subjects discussed: Para. Nos.

A.notifications under provisions of the agreement 1-7

(i) Notifications under Article 63.2 1-6
(ii) Notifications under Article 69 7 of legislation 8-41

(i) Outstanding initial questions from the review of the legislation 8-12

of Kuwait initiated in November 2000

(ii) Outstanding initial questions from reviews initiated in April 2001 13-21

(iii) Follow-up to the reviews already undertaken 22-30
(iv) Legislation of Members scheduled for review in June 2001 31-40
(v) Legislation of Members scheduled for review in November 2001 41

C.implementation of article 70.8 and 70.9 42

D.implementation of article 66.2 43-51

E.information on technology capacity-building 52-56

F.technical cooperation 57-67

G.implementation of article 23.4 68-88

H.implementation of article 24.1 89-115

Subjects discussed: Para. Nos. of the application of the provisions of the
section on geographical indications under article 24.2 116-121 of the provisions of article 27.3(b) 122-144 of the implementation of the agreement
under article 71.1 145-150

L.non-violation and situation complaints 151-161

M.electronic commerce 162-169

N.intellectual property and access to medicines 170

O.information on relevant developments elsewhere in the wto 171-173

(i) Accessions 171-172
(ii) Dispute settlement 173 status for international intergovernmental organizations 174-181

Q.other business 182


R.notifications under provisions of the agreement

(i) Notifications under Article 63.2

- Notifications from Members whose transitional periods under Article 65.2 or 65.3 expired on 1 January 2000 or who acceded to the WTO after that date

1.The Chairperson drew the Council's attention to the Secretariat's updated note reflecting the status of the notifications received from these Members and distributed prior to the present meeting (JOB(01)/88 of 18 June 2001). That note showed from which of the Members in question notifications had been received by Wednesday, 13 June 2001. Since that date, additional notifications of laws and regulations had been received from Bahrain, Botswana, Côte d'Ivoire and Morocco. Although several more notifications had been received compared to when the Council had last met, many Members whose legislation was scheduled to be reviewed in the year 2001 still had not submitted any notification concerning their implementing legislation. He urged those Members to submit the outstanding material without delay. He recalled that Article 63.2 of the Agreement required these Members to notify the laws and regulations pertaining to the subject-matter of the Agreement applicable as of 1 January 2000. He urged the delegations in question, if not all the material to be notified was ready yet, to submit whatever could be notified at present and complement the notification as soon as other parts of the material to be notified would be ready for submission. He reminded delegations that, under the WIPO WTO Cooperation Agreement and decisions taken by WIPO's Governing Bodies, the International Bureau of WIPO was in a position to assist delegations with the translation of their main dedicated intellectual property laws and regulations, as required.

2.The Council took note of this statement.

- Notifications from other Members

3.The Chairperson informed the Council that, since its previous meeting, amendments to legislation notified earlier had been received from Germany; Guatemala; Hong Kong, China; Japan; the Kyrgyz Republic; Mongolia; Panama; Romania; Slovenia; and Turkey. These would be available in the IP/N/1/- series of documents as soon as possible.

4.Continuing, he informed the Council that a notification had been received from Burundi in which Burundi informed the Council of its compliance with Articles 3, 4 and 5 of the TRIPS Agreement concerning national treatment and most-favoured-nation treatment. Burundi had also notified the texts of its current laws on patents and industrial designs but indicated that, since these laws were being revised and other aspects of the TRIPS Agreement had not yet been regulated in Burundi, it wished to avail itself of the possibility under Article 66.1 of the Agreement for least developed country Members to delay the application of the Agreement's provisions other than those of Articles 3, 4 and 5 until 1 January 2006. This notification had been circulated in document IP/N/1/BDI/1. He said that as a least-developed country Member, Burundi was entitled to the transitional period under Article 66.1 and he suggested that the Secretariat could contact the delegation of Burundi so as to clarify that.

5.The representative of Senegal recalled that the review of his country's legislation was scheduled for the November 2001 meeting. However, two events had occurred which affected this matter. First, a new government had been elected, and second, Senegal had become a least developed country Member. Therefore, the question of the presentation of its legislation was still being considered in capital and his delegation reserved the right to invoke the provisions relevant to its new least-developed country status. Senegal would notify the Council before the November meeting whether it would be in a position to be reviewed at that meeting.

6.The Council took note of these statements.

(ii) Notifications under Article 69

7.The Chairperson informed the Council that, since its previous meeting, notifications of contact points under Article 69 of the Agreement had been received from Albania, Burundi, Guatemala, the Kyrgyz Republic and Panama. These notifications had been circulated in document IP/N/3/Rev.5. There were now 101 Members who had notified contact points under Article 69.

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