RESTRICTED  
  
IP/C/M/96  
 
14 December 2020 
(20-8988) Page: 1/14 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 15-16 OCTOBER  AND 10 DECEMBER 2020  
Chair: H.E. Ambassador Xolelwa Mlumbi -Peter 
The present document contains the record of the meeting of the Council for TRIPS held on 
15-16 October  and 10 December 2020. The statements made during the meeting will be circulated 
in an addendum to the present document.  
Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ........  3 
2   REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ................  4 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ .............................  4 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ .....................  5 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT  AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 5 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ..... 5 
7   ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM 
(PARAGRAPH 7 OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND 
PARAGRAP H 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 
OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH)  .............  6 
8   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ .........................  7 
9   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UN DER 
ARTICLE 71.1  ................................ ................................ ................................ ...................  7 
10   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ ......................  8 
11   EIGHTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON 
THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  ..............................  8 
12   TECHNICAL COOPERATION AND CAPACITY BUILDING  ................................ ..............  9 
13   INTELLECTUAL PROPERTY AND INNOVATION: MAKING MSMES 
COMPETITIVE - MAKING MSMES COMPETITIVE THROUGH INCLUSIVE 
PROTECTION OF VARIOUS IPS  ................................ ................................ .......................  10 
14   DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD 
UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED 
COUNTRY MEMBERS  ................................ ................................ ................................ ....... 10 
15   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS 
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -
19 ................................ ................................ ................................ ................................ .. 11 
16   WORK PROGRAMME ON ELECTRONIC COMMERCE  ................................ ...................  12 
17   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  13 IP/C/M/9 6 
 
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  18   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATIONS  ................................ ................................ ................................ ...........  13 
19   ANNUAL REPORT  ................................ ................................ ................................ ..... 14 
20   OTHER BUSINESS  ................................ ................................ ................................ .... 14 
20.1   Dates for 2021 Meetings  ................................ ................................ ......................  14 
  IP/C/M/9 6 
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
1.  The Chair invited the Secretariat to report on notifications that the Council had re ceived since its 
meeting in  July 2020.  
2.  A representative of the Secretariat  said that  the Council had received the following notifications 
under Article 63.2 of the TRIPS Agreement:  
a. Chinese Taipei  had notified regulations governing the filing of patent and trademark 
applications by electronic means, as well as regulations governing the app lication for 
compulsory licences for musical works and related royalties;  
b. Australia  had notified a consolidated version of its Patents Act 1990, as well as the 
Intellectual Property Laws Amendment Act 2020, which implemented the Productivity 
Commission Res ponse Part 2 and Other Measures;  
c. Mexico  had notified revisions of the Penal Code, as well as a Decree amending the Federal 
Law on Copyright regarding copyright protection in the digital environment;  
d. The United States  had notified their amended Plant Variet y Protection Act and corresponding 
Regulations;  
e. The United Kingdom  had notified over 70 pieces of legislation that represent the evolution of 
the UKs law on trademarks and on designs since 1996 ; 
f. Pakistan  had notified its Geographical Indications Act 2020 ; 
g. Myanmar  had notified its new Plant Variety Protection Law ;  
h. Hong Kong, China  had notified a Copyright Amendment Ordinance , which enhance d the 
Copyright exceptions relating to persons with a print disability in order to meet the standards 
under the Marrakesh Treaty ; 
i. Ukraine  had notified amendments regarding its patent law reform, as well as amendments 
to strengthen rights to trademarks and d esigns, and to combat patent abuse ; 
j. Japan  had notified a further revision to its Unfair Competition Prevention Act of 1993, which 
provide d civil remedies against acts of unfair competition with respect to "shared data with 
limited access" ; and  
k. Slovenia  had notified an Act Regulating Collective Management of Copyright and Related 
Rights.  
3.  He added that, Albania  and Slovenia  had provided information on contact points for the exchange 
of information and cooperation on trade in infringing goods , under Article 69  of the TRIPS Agreement .  
4.  The representatives of  Pakistan ; Mexico ; Australia ; Hong Kong, China ; Ukraine ; Canada ; 
Chinese  Taipei; the United Kingdom ; and the United States of America  took the floor . 
5.  The Chair recalled that , at the July 2020 meeting,  several questions had been asked regarding 
legislation notified by Canada and the European Union. She invited those two delegations to take the 
floor to respond to those questions or inform the Council of any follow up in this regard.  
6.  The representative of  South Africa  and the  European Union  took the floor.  
7.  The Chair noted that, notifications to the Council were not keepin g up with the actual development 
of laws and regulations relating to TRIPS. She recalled that Article 63.2 was not a one -off 
requirement. It was a core element of the TRIPS transparency arrangements, and a central part of 
the Council 's substantive work. Article 63.2  obliged Members to notify any new or amended laws in IP/C/M/9 6 
 
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  the area of TRIPS. The same applied to the Checklist of Issues on Enforcement which had been 
established by the Council as an element of Members ' notification obligations.  
8.  She encouraged Memb ers to notify legislative changes made to implement the special compulsory 
licensing system to export medicines covered by the new Article 31 bis of the TRIPS Agreement. More 
than 50 WTO Members, including most of the world's major exporters of medicines, h ad adopted 
implementing legislation that allowed them to use the System as exporters and/or importers. 
However, only 20 Members, including the European Union, had formally notified such measures to 
the TRIPS Council. The notification of all relevant laws a nd regulations could assist Members in 
preparing for the potential use of the System. This would also help the Secretariat in its efforts to 
provide informed technical support to Members in this area.  
9.  Finally, she welcomed the information provided by Membe rs concerning their notifications, as 
well as the constructive exchange on Members' legislation we had under this agenda item.  
10.  The Council took note  of the notifications and the statements made.  
2  REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  
11.  The Chair recalled that the Council had been preparing for the review of the national 
implementing legislation of Samoa. As agreed in 2019 , the Council would schedule arrangements 
upon submission of the notifications on revised legislation following Samoa's recent accession to a 
number of WIPO treaties.1 She proposed that the Secretariat remain in contact with Samoa on the 
progress of its new legislation and that the Council revert to the review at its next meeting.  
12.  She noted that the re were  currently no reviews pe nding under this item. Members should feel 
free to revert to any matter stemming from previous reviews, or to seek further information on 
implementation of the Agreement in future. Any ideas how to make best use of this agenda item 
would be most welcome.  
13.  The Council took note  of the information provided and agreed  to schedule the arrangements for 
the review of Samoa's national implementation legislation as proposed by the Chair.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
14.  The Chair recalled that this agenda item  had been on the agenda of the Council's informal 
open-ended meeting on 19 June, and the last formal meeting on 30 July 2020.  At her informal 
consultations in September 2020, she had asked Members how they would like to take this topic 
forward. In response , there had been general appreciation among delegations for the Secretariat's 
work in maintaining the list of COVID -19 related IP measures on the WTO website, and broad support 
for a continued discussion and exchange based on  this compilation. Some delegat ions had stressed 
that the discussion should focus on national measures and their implementation, while others had 
been of the view that a more substantive discussion was warranted.  
15.  Considering  the broad support , she had proposed to continue  the exchange of information at 
the present meeting . She encouraged Members to reflect on how the Council could take the 
discussion forward and whether it should keep this agenda item, given the continued interest by 
Members to continue to exchange views as th e pandemic persists.  She referred to the compilation 
"COVID -19: Measures Regarding Trade -Related Intellectual Property Rights", available from the WTO 
website.2 It was a non -exhaustive list of IP -related measures taken in the context of COVID -19, 
compiled  by the Secretariat from official sources and verified by the relevant Members. The list was 
updated continuously. She encouraged Members to inform the Secretariat of any measures that 
should be included on this list, as well as any information on the expi ration , or end of application , of 
such measures.  
 
1 Samoa has acceded to the WIPO Madrid Agreement and Protocol in 2018, and to the Patent Cooperation 
Treaty, the Geneva Act of the Hague Agreement, and the Geneva Act of the Lisbon Agreement in 2019.  
2 https://www.wto.org/english/tratop_e/covid19_e/trade_related_ip_measure_e.htm   IP/C/M/9 6 
 
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  16.  The representative s of South Africa ; Chile; China ; Nigeria ; India; the European Union ; Canada ; 
Jamaica , on behalf of the ACP Group ; the United States of America ; and Indonesia  took the floor.  
17.  The Chair noted that it was important for the Council to provide a forum for exchange as the 
pandemic continued and that she would like  to provide an other  opportunity to do so at the upcoming 
Council meeting. She was  aware of the sensitivities around "permanent" agenda items, so she would 
propose that the Council agree to revert to the item at its next meeting, so that the exchanges can 
once again take place, including on the basis of the updated Secretariat document of COVID -19 
related IP measures.  
18.  The Council took note  of the statements made  and agreed  to revert at its next meeting .  
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTEC TION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
19.  The Chair recalled  that the next three agenda items concerning the Review of the Provisions of 
Article  27.3(b), the Relationship between the TRIPS Agreement and the Convention on Biological 
Diversity and the Prote ction of Traditional Knowledge and Folklore had been traditionally addre ssed 
together.  She had asked Members, at her consultations in September 2020, whether the Council 
should take these items individually; and no clear preference had been detected in this regard. She 
suggested that the Council maintain the traditional practice ; and encouraged delegations to identify 
the specific  agenda item to which they would associate their intervention.  
20.  At the July 2020 meeting, the delegation of Zimbabw e had expressed interest in inviting the 
World Intellectual Property Organization (WIPO) to brief the Council on its recently updated report 
"Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural 
Expressions". After he r consultations with delegations in September 2020, there seemed to be no 
objection. Since then, she had been in touch with WIPO and their representatives were willing to 
brief the Council.  
21.  She noted that, w ith respect to the sequence of discussion, the traditional  practice  had been  
that Members take the floor first, and observers afterwards . Considering that the Council had a full 
agenda  and the need to be efficient with time, she proposed to offer the floor to WIPO first so that 
delegations could refer t o the briefing in their subsequent interventions, where Members could also 
address the long -standing procedural issues.  She invited WIPO to brief Members.  
22.  The representatives of WIPO  took the floor.  
23.  The Chair thanked the WIPO Secretariat for the comprehens ive briefing. She opened the floor 
for discussion, including long -standing procedural issues:  
24.  The suggestion for the Secretariat to update the three factual notes on the Council's discussions 
on the TRIPS and CBD and related items; these notes were initial ly prepared in 2002 and last updated 
in 2006; and  
25.  The request to invite the CBD Secretariat to brief the Council on the Nagoya Protocol to the 
CBD, initially proposed in October 2010.  
26.  She recalled that Members' positions on these issues were well known and extensively recorded 
in the Council minutes. In addressing these procedural questions, she encourage d delegations  to 
focus on suggestions how to resolve them . 
27.  The representatives of South  Africa ; Chile; Tanzania, on behalf of the African Group ; Brazil ; 
Bangladesh ; Nigeria ; Thailand ; India; China ; Indonesia ; Chinese Taipei ; the 
United  States  of America ; Japan ; Canada ; Ecuador ; and Australia  took the floor.  IP/C/M/9 6 
 
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  28.  The Chair recalled that one tool for the review under agenda item 4 was the information provided 
by Members in response to a list of questions on Article 27.3(b). In 2019, the Council had received 
two sets of responses; from Ukraine and Mexico. These had been the first responses in 15 years. 
There had been dynamic and sig nificant developments in this area in many Members. Transparency 
was of considerable mutual benefit to all Members; both in terms of initial submissions and updates 
to earlier submissions, many of which were already two decades old. She encouraged delegati ons to 
submit responses to this Checklist or update their previous responses; as well as notify any relevant 
changes in legislation.  
29.  The Council took note  of the statements made and agreed  to revert to these issues at the next 
meeting . 
7  ANNUAL REVIEW OF TH E SPECIAL COMPULSORY LICENSING SYSTEM (PARAGRAPH 7 
OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND PARAGRAPH 8 OF THE DECISION 
ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS 
AGREEMENT AND PUBLIC HEALTH)  
30.  The Chair recalled that, i n the past, the review had been conducted pursuant to 
Paragraph  6 System of the 2003 Decision on the Implementation of Paragraph 6 of the Doha 
Declaration on the TRIPS  Agreement and Public Health . Since the entry into force of the Protocol 
Amending the TRI PS Agreement  on 23 January 2017, the review also responded to the requirements 
that had now been incorporated into the amended TRIPS Agreement . 
31.  Paragraph 7 of the Annex to the amended TRIPS Agreement and paragraph  8 of the 2003 Waiver 
Decision required the  Council to review the functioning of the System  annually, with a view to 
ensuring its effective operation. They also required the Council to report annually on the System' s 
operation to the General Council. In the case of the Waiver Decision, this review was also deemed 
to fulfil the requirements of Article IX:4 of the WTO Agreement.  
32.  During the Chair 's consultations in September concerning  Member s' preferences for approach ing 
the annual review, a number of Member s had suggested that the discussion focus on  concrete 
problems with the application of the System , rather than an abstract consideration of issues. Some 
had referred to procedural complexities of the System  that needed to be discussed so that the 
System  could ensure access to medicines  as intended. Others had cautioned that this  agenda  item 
should not be "another COVID -19 item ". One concrete proposal that had gathered broad support 
was the suggestion that the Secretariat give a presentation on how to use the Special Compulsory 
Licensing System  (as opposed to how to accept the Amendment), so as to refresh delegations ' 
memory and provide background to the discuss ion.  
33.  The Chair suggested that she would proceed by first informing Member s about the status of 
acceptances of the Protocol Amending the TRIPS Agreement , and then give the floor to the 
Secretariat to provide a presentation on how to use the Special Compuls ory Licensing System  to 
remind everyone about the detail. The floor would then be open to delegations for an exchange of 
views about the functioning of the System , and finally, the Council would consider its Report to the 
General Council.  
34.  The Chair updated  Member s on the status of acceptances of the TRIPS Protocol. The current 
period for accepting it ran until 31 December 2021. The amended TRIPS Agreement was thus binding 
for 131 WTO Member s. In other words, 3 3 Member s were yet to accept the Protocol Amendi ng the 
TRIPS Agreement . She encouraged those Member s to complete their domestic procedures as soon 
as possible.  
35.  When the TRIPS Amendment had entered into force in January 2017, Member s had noted that 
it would be useful to consider how to make this new proc urement tool work effectively in practice. 
The Chair  therefore encouraged Member s to engage in a constructive discussion which could also 
build on earlier reviews. As previous Chairs and she herself had indicated on past  occasions, Member s 
might find two d ocuments particularly helpful to facilitate their considerations. The first document 
was the Council 's Annual Review of 2016 (circulated in document IP/C/76); and the second document 
was the Secretariat 's 2016 Report on Technical Cooperation Activities (ci rculated in document 
IP/C/W/618). Annex  II of that report summarized  key issues that delegations might wish to consider 
to support the practical use of the System . IP/C/M/9 6 
 
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  36.  The representatives of the WTO Secretariat , Chad (on behalf of the LDC Group) , Ukraine , 
South  Africa , India, China , Tanzania (on behalf of the African Group) , Japan , Australia , the 
United  States of America , Canada , Chile,  Switzerland  and the European Union took the floor.  
37.  The Council took note  of the statements made.  
38.  The Chair turned to the Council 's report to the General Council. A draft report had been prepared 
by the Secretariat (circulated in document JOB/IP/38).  It was modelled on previous years ' reports 
and contained factual information o n the implementation and use of the System . Under the section 
on the Amendment to the TRIPS Agreement, it also included a list of Member s who were yet to 
accept the Protocol Amending the TRIPS Agreement . As with past reports, an extract from the 
Council 's minutes on this agenda item would be attached to the report in Annex 1  and Appendix 1 .  
39.  The Council agreed  to adopt the draft report and to attach the record of the discussion to it.  
8  NON-VIOLATION AND SITUATION COMPLAINTS  
40.  The Chair recalled the General Cou ncil decision of 10 December 2019, in which Members had 
decided to extend the Moratorium on TRIPS non -violation and situation complaints until the 
12th Ministerial Conference  (MC12) . In line with the original mandate, th at decision  had instruct ed 
the TRIPS Council to "continue its examination of the scope and modalities " for such complaints "and 
make recommendations to the 12th Ministerial Conference. "  
41.  In December  2019, many delegations  had emphasized the need for a more detailed discussion 
on TR IPS non -violation, so that Ministers c ould take a well -informed decision on scope and modalities 
at MC12. Most delegations ha d also said that they were open to engage constructively and discuss 
concrete proposals for scope and modalities.  
42.  There had also b een a suggestion that one Member might be developing a submission. She 
encouraged delegations to table submissions that might assist to shape the discussion resulting in a 
meaningful outcome at MC12. Also, the LDC Group had suggested that the Chair should hold 
dedicated informal discussions on this issue to facilitate engagement.  
43.  Since the July 2020 meeting, the Secretariat had also held a Briefing Session on 
TRIPS  non-violation and situation complaints . She invited the Secretariat to brief Members.  
44.  The representative of  the Secretariat  took the floor.  
45.  The Chair invited delegations to share their views on how the Council should approach 
TRIPS  non-violation discussions between now and MC12, specifically where delegations thought 
there were areas of commona lity, as the discussion had been evolving for some time, and areas that 
required further clarifications among Members so as to have focussed discussions.  
46.  The representatives of Brazil ; Tanzania, on behalf of the African Group ; South Africa ; 
Bangladesh ; Egypt; Nigeria ; Chile; India; Jamaica, on behalf of the ACP Group ; Argentina ; Thailand ; 
China ; Indonesia ; Switzerland ; the United States of America ; the European Union ; Canada ; 
Chinese  Taipei ; South Africa ; Ecuador ; and the Republic of Korea  took the floor.  
47.  The Chair noted that she would send a communication with a view to facilitate informal 
consultations with Members.  
48.  The Council so  took note  of the statements made  and agreed  to revert to the matter at its next 
meeting .  
9  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
49.  The Chair recalled that Article 71.1 required the TRIPS Council to conduct a review once every 
two years. However, as the Council had not completed its initial review in 1999, no subsequent 
review had been initiated since then. Periodic reviews could represent a useful opportunity for 
Members to share information and experiences in implementing the TRIPS Agreement in view of the IP/C/M/9 6 
 
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  very signifi cant developments for trade -related aspects of the IP system that had occurred since the 
Agreement was concluded.  
50.  The Council agreed  to revert  to the matter at its next meeting.  
10  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL IND ICATIONS UNDER ARTICLE 24.2  
51.  The Chair said that Article 24.2 of the TRIPS Agreement required the Council to keep under 
review the application of the provisions on geographical indications  (GIs). The principal tool used for 
the review was the Checklist of Questions.3 She recalled that, of the  164 WTO  Members, fewer than 
50 had responded to the Checklist. Many of the earlier responses were also likely to be outdated, as 
some were two decades old . That situation did not adequately reflect the fact that GI protection had 
been an active area of le gal and policy development at domestic level and in free trade agreements 
(FTAs), and the clear benefits for all Members of transparency and updated information in this area.  
52.  She encouraged delegations to provide responses to the Checklist or to update ear lier 
responses. The e -TRIPS Submission System provided an easy and convenient online tool to provide 
responses to the Checklist and to check the date of your delegations’ most recent submission in that 
regard. In line with the Council's recommendation of M arch 2010, she also invited Members to share 
information regarding GI chapters in their bilateral agreements.  
53.  The Council agreed  to revert  to the matter at its next meeting.  
11  EIGHTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE 
IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  
54.  The Chair recalled that, u nder a Council decision of February 2003, developed country Members 
were to submit annual reports on actions taken or planned in pursuance of their commitments under 
Article 66 .2 of the TRIPS Agreement . They were to provide new detailed reports every third year and 
updates in the intervening years.  
55.  In July  2020, the Council had requested developed country Members to submit the second set 
of updates to the sixth set of new repor ts in time for the present meeting, and the Secretariat ha d 
also circulated a reminder.4  
56.  The LDC  Group had also  submitted a proposal of a template for the submission of reports on 
commitments of developed countries under Article 66.2. In her consultations in September  2020, 
the LDC  Group had  indicated that they were reaching out to developed countries in this regar d.  
57.  The Council had received updated reports from the United States, Switzerland, Australia, Japan, 
and the United Kingdom. Since the circulation of the revised agenda, the Council ha d received further 
reports from the European Union and  Canada. Th e docume nts were being circulated under the new 
dedicated document series with the symbol IP/C/R/TTI/[Member]/1 – where "R" stood for "Reports" 
and "TTI" stood for "Technology Transfer Incentives".  
58.  Paragraph 2 of the Council's Decision on the Implementation of Art icle 66.2 explain ed that the 
annual review sh ould provide Members with an opportunity to pose questions in relation to the 
information submitted and request additional information; discuss the effectiveness of the incentives 
provided in promoting and encou raging technology transfer to least developed country Members in 
order to enable them to create a sound and viable technological base; and consider any points 
relating to the operation of the reporting procedure established by the Decision.  
59.  Some of the inf ormation by developed country Members had been  received only very recently, 
and most of it was, so far, available only in its original language. She intend ed to give Members an 
opportunity to make further comments at the next meeting of the Council  to give Members a chance 
to study the recently circulated information and any additional information subsequently submitted . 
 
3 Documents IP/C/13 and IP/C/13 /Add.1 . 
4 Document WTO/AIR/IP/29.  IP/C/M/9 6 
 
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  60.  The Secretariat was planning to hold the Article 66.2 Workshop in early 2020 . Considering  the 
current  situation, the dates ha d not yet bee n fixed and would  be announced as soon as they are 
finalized. This would give LDC  Members  enough  time to consider  the information provided by 
developed countr y Members  in their reports and to ensure that these reports are available in the 
official language s of the WTO. It would  also be an opportunity to discuss the proposal of the template 
for reporting on commitments , presented by the LDC Group . The Workshop w ould comprise two days 
of sessions, and a reporting and review segment within the first TRIPS Council meeting of 2021.  She 
invited developed country Members to introduce their reports.  
61.  The representatives of the United Kingdom ; Australia ; South Africa ; Japan ; Switzerland ; 
Bangladesh ; Chad, on behalf of the LDC Group ; Canada ; Indonesia ; the United S tates of America ; 
Australia ; and the European Union  took the floor.  
62.  The Chair proposed that Members be given an opportunity to continue considering the 
information provided at the next meeting.  
63.  The Council took note of the statements made and agree d to revert to the matter at its next 
meeting.  
12  TECHNICAL COOPERATION AND CAPACITY BUILDING  
64.  The Chair recalled that, at its July 2020 meeting, the Council had agreed to hold the annual 
review of technical cooperation at its next  meeting.  Thus,  developed country Members had been 
requested to update information on their technical and financial cooperation a ctivities relevant to the 
implementation of the TRIPS Agreement. Other Members , which  also provided  technical cooperation 
were encouraged to share information on the ir activities. The Secretariat  had issued  a reminder.5 
Intergovernmental organizations , observers to the Council and the WTO Secretariat had also been 
invited to provide information.  
65.  The Council had received information from: Japan, Switzerland, Australia, United States, the 
United Kingdom, and Norway. Since the circulation of the revised agend a, the Council ha d received 
further information from the European Union. These reports were being circulated under the new 
dedicated document series with the symbol IP/C/R/TC/[Member]/1 – where "R" stands for "Reports" 
and "TC" stands for "Technical Cooper ation".  The following intergovernmental organizations  (IGOs)  
had also submitted updated information: United Nations Conference on Trade and Development 
(UNCTAD) , World Health Organization (WHO) , World Intellectual Property Organization (WIPO) and 
the Coope ration Council for the Arab States of the Gulf (GCC) . Their reports were being circulated in 
the same document series IP/C/R/TC/[IGO observer]/1. Information on the WTO  Secretariat's own 
technical cooperation activities in the TRIPS area c ould be found in document  IP/C/R/TC/WTO -
OMC/1 . She invited Members to introduce their reports.  
66.  The representative s of the United States  of America ; the United Kingdom ; Japan ; Australia ; 
Canada ; the European Union ; Bangladesh ; Switzerland ; Brazil ; Chad, on behalf of the LDC Group ; 
Mali; and South Africa  took the floor . 
67.  The Chair invited the  WTO Secretariat to present its report on  technical cooperation activities.  
68.  The representative of the Secretariat  took the floor.  
69.  The Chair invited the representatives of IGO observers to present their reports on technical 
cooperation activities.  
70.  The representatives of the Gulf Cooperation Council  (GCC); World Intellectual Property 
Organization  (WIPO) ; World Health Organization  (WHO); and the  United National Conference on 
Trade and Development  (UNCTAD) took the floor.  
71.  The Chair invited Members to comment.  
 
5 Document WTO/AIR/I P/30.  IP/C/M/9 6 
 
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  72.  The representative s of Sri Lanka ; Chad, on behalf of the LDC Group ; and India took the floor.  
73.  The Chair thanked Members and IGO observers for the valuable information . As some 
information  had been recently submitted  and was available only in its original language , she would 
provide Members an opportunity to make further comments , at the next meeting . 
74.  The Council took note  of the statements made  and agreed  to revert to the matter at its next 
meeting.  
13  INTELLECTUAL PROPERTY AND INNOVATION: MAKING MSMES COMPETITIVE - 
MAKING  MSMES COMPETITIVE THROUGH INCLUSIVE PROTECTION OF VARIOUS IPS 
75.  The Chair said that the agenda item had been requested by Australia, Canada, Chile, the 
European Union, Japan, Singapore, Switzerland, Chinese Taipei, the United Kingdom and the 
United  States o f America. These delegations had also submitted a communication6 to allow Members 
to prepare for the discussion. Since the circulation of the revised agenda, the Republic of Korea has 
been added to the co -sponsors of this item and the corresponding submis sion. She invited the 
co-sponsors to introduce the communication.  
76.  The representatives of Japan ; the United States of America ; Singapore ; Australia ; the 
European  Union ; Ecuador ; the Republic of Korea ; Switzerland ; Canada ; the United Kingdom ; 
El Salvador ; Chinese Taipei ; Philippines ; Brazil ; Mexico ; Peru; China ; and India took the floor.   
77.  The Council took note of the statements made.  
14  DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD UNDER 
ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS  
78.  The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group ; 
and a  communication had been circulated.7 She recalled that the transition period for LDC Members 
had been extended twice : Most recently , by the TRIPS Council Decision of 11 June 2013.8 Regarding  
extensions of th e transition  period, the second sentence of Article  66.1 of the TRIPS Agreement 
provided that  "The Council for TRIPS shall, upon duly motivated request by a least developed country 
Member, accord extensions of this period." She invited the  LDC Group to introduce the request.  
79.  The representative of Chad, on behalf of the LDC Group  took the floor. 
80.  The Chair invited Members to take the floor.  
81.  The representatives of Bangladesh ; Bangladesh, on behalf of the LDC Group , Nepal ; Mali; 
Cambodia ; Angola ; Afghanistan ; Senegal ; Jamaica, on behalf of the ACP Group ; China ; South Africa ; 
Argentina ; Egypt ; Tanzania , on behalf of the  African Group ; Indonesia ; Turkey ; the 
United  States  of America ; the European Union ; Oman ; India; Japan ; Nigeria ; the United Kingdom ; 
Switzerland ; and the World Health Organization  (WHO) took the floor.  
82.  The Chair proposed t hat the LDC Group consult with the Members, that had intervened at the 
present meeting, to bridge the differences. She would also be available to consult with Members. 
Considering the time -sensitivity due to the upcoming deadline in 2021, she proposed to r evert to 
the request at the next meeting.  
83.  The Council took note  of the statements made and agreed to revert  to the matter at its next 
meeting.  
 
6 Document IP/C/W/667.  
7 Document IP/C/W/668.  
8 Document IP/C/64.  IP/C/M/9 6 
 
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  15  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
84.   The Chair said that this item  had been put on the agenda at the request of India and  
South  Africa ; and a  communication had been circulated.9 She invited India and South Africa  to 
introduce the ir proposal.  
85.  The representatives of India and South Africa  took the floor.  
86.  The Chair invited Members to take the floor.  
87.  The representatives of Kenya ; Nigeria ; Bangladesh ; Sri Lanka ; Pakistan ; the Bolivarian Republic 
of Venezuela ; Nepal ; Philippines ; Nicaragua ; Chile; Turkey ; Egypt ; Indonesia ; Argentina ; Chad, on 
behalf of the  LDC Group ; China ; Thailand ; Tunisia ; Tanzania , on behalf of the African Group ; 
Ecuador ; Senegal ; Costa Rica ; Mauritius ; Colombia ; El Salvador ; Mali; Jamaica ; the European Union ; 
the United States of America ; Switzerland ; Japan ; Norway ; the United Kingdom ; Brazil ; 
Mozambique ; Canada ; Australia ; Honduras ; the Holy See ; the World Health Organization ( WHO) and 
the United Nations Programme on HIV/AIDS  (UNAIDS) took the floor.  
88.  The Chair invited the Secretariat to share procedural requirements.  
89.  The representative of the Secretariat  took the floor.  
90.  The representative of the United States of America  took the floor.  
91.  The Chair noted th at the  proposal had been  submitted to the Council on 2 Oct ober 2020.  Thus, 
the 90 -day time -period  would  expire on 31 December 2020. For practical purposes, this would mean 
that the last opportunity for the Council to adopt the report envisaged by Art icle IX:3 (b) of the 
Marrakech Agreement, was before the end -year-break  in December.  In order to facilitate 
reconvening the Council to consider a report in this regard , she propose d to keep th e agenda item 
open. She encourage d Members to further consult on the proposal and explore possibilities to bridge 
the gap.  
92.  The Council took note of the statements made  and agreed  to keep the agenda item open . 
93.  At the Council for TRIPS' reconvened formal meeting of 10 December 2020, the Chair reported 
that, on 20 November and on 3 December, she had convened the Council in informal open -ended 
mode to take stock of developments since the suspension in October, and to continue the 
consideration of the agenda item in informal mode. At these meeti ngs delegations had highlighted 
their common goal of providing access to high -quality, safe, efficacious and affordable vaccines and 
medicines for all. Delegations had also exchanged views, sought clarifications and provided 
information on the operation, i mplementation and impact of the requested waiver during these 
meetings.  
94.  The Chair said she also held consultations in the time -period between 26 November and 
1 December, in order to seek delegations' views on (a) what kind of report the TRIPS Council could  
likely agree on at today's meeting, and (b) how substantive engagement could be further facilitated, 
given the importance of meaningful and focused discussions on the substance of the proposal. In 
these consultations she had detected an emerging agreement  that the TRIPS Council should provide 
a communication to the General Council that would be neutral and factual, and reflect the state of 
play of discussions and the absence of consensus on the waiver proposal in the TRIPS Council at this 
time. Delegations  had also seen a need  to continue discussions on the matter within the 
TRIPS  Council.  
95.  On the basis of these consultations, and after discussions in the informal open -ended meeting 
on 3 December, an agenda item for a status report on the consideration of t he waiver request was 
put on the proposed agenda of the next General Council meeting scheduled for 16 -17 December. 
During the informal meeting of 3  December, the Chair had circulated draft language for such an oral 
status report with an invitation to Membe rs to comment on this language by 7 December. On the 
 
9 Document IP/C/W/66 9. IP/C/M/9 6 
 
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  basis of the comments that were received by the deadline, she had held further consultations on 
8 and 9 December, and had circulated a revised draft status report.  
96.  In light of the se informal meeting s and  consultations , she proposed the Council agree that she 
would deliver an oral status report to the General Council as follows:  
At the meeting of the TRIPS Council on 15 -16 October 2020, India and 
South Africa introduced document IP/C/W/669, requesting a wa iver from 
certain provisions of the TRIPS Agreement for the prevention, containment 
and treatment of COVID -19, which had been circulated on 2 October 2020 
and has since been co -sponsored by the delegations of Kenya, Eswatini, 
Pakistan, Mozambique, and Boli via. The Council continued its discussions 
under that agenda item at its resumed meeting on 10 December 2020.  
At those meetings, and at informal meetings on 20 November and 
3 December, delegations highlighted the common goal of providing access 
to high-quality, safe, efficacious and affordable vaccines and medicines for 
all. Delegations exchanged views, sought clarifications and provided 
information on the waiver request but could not reach consensus. 
Delegations indicated a need for further discuss ions on the waiver request 
and views exchanged by delegations.  
This means that the TRIPS Council has not yet completed its consideration 
of the waiver request and may not be able to do so within the 90 days 
stipulated in Article IX:3 of the Marrakesh Agree ment. Therefore, the 
TRIPS  Council will continue its consideration of the waiver request and 
report back to the General Council as stipulated in Article IX:3 of the 
Marrakesh Agreement.  
97.  The Council so agreed . 
98.  The Chair thanked all delegations, particularly  those involved in the consultations, for the 
constructive spirit in which they had engaged in the discussions on this report. As regards the 
TRIPS  Council's next steps, she noted that the next regular meeting is scheduled for 
10-11 March  2021. In order to  allow for further consideration of the waiver request in the more 
immediate future, she proposed that the Council reserve 19 January and 4 February 2021 for 
meetings of the Council that could be dedicated to the discussion of the waiver request. The next 
regular meeting – with the usual complete agenda – would remain scheduled for 10 -11 March.  
99.  The Council so agreed . 
100.  The representatives of Malaysia , Canada , Chile, Bolivia , Sri Lanka , Chad, Norway , Turkey , 
Singapore , Viet Nam , Eswatini , Egypt , Indonesia , the European Union , Japan , China , the 
United  Kingdom , Oman , Mauritius , Bolivarian Republic of Venezuela , Ukraine , the 
United  States  of America , Ecuador , the Republic of Korea , El Salvador , New Zealand , Mozambique , 
Brazil , Jamaica , India, Pakistan , Switzerland , Israel , Colombia , Bangladesh , Tanzania, on behalf of 
the African Group , Botswana , South Africa , Nepal  and Vanuatu  took the floor.   
16  WORK  PROGRAMME  ON ELECTRONIC COMMERCE  
101.  The Chair recalled that  the Work Programme on Electronic Commerce10 mandated the 
TRIPS  Council to examine and report on the intellectual property issues arising in connection with 
electronic commerce, including protection and enforcement of copyright and related rights, 
protection and enforcement of trademarks, and new te chnologies and access to technology. In the 
General Council Decision of 10  December 2019,11 Members had agreed to reinvigorate the work 
under the Work Programme on Electronic Commerce, based on the existing mandate. The decision 
 
10 Document WT/L/274.  
11 Document WT/L/1079 . IP/C/M/9 6 
 
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  foresaw structured discussi ons "based on all trade -related topics of interest brought forward by 
Members, including  LDCs".  
102.  The other bodies that were directly mandated by the Work Programme – the Council for Trade 
in Services, the Council for Trade in Goods, and the Committee on Tra de and Development – had 
retained this item on their regular agenda. In the TRIPS Council, the item had been taken up 
repeatedly since 1999, with some significant gaps, but Members had not agreed to treat this as a 
regular agenda item. More recently, there  had been intermittent reference to, and discussion of, the 
item based on  ad hoc  agenda items in 2017 and 2018 and, most recently, at the last Council meeting 
on 30 July 2020.  
103.  During the  consultations held in  September  2020, several  delegations had signal led their 
interest in re -engagement on this matter, including on discussing national digital policy efforts and 
the issue of access to digital technology. Some Members had encouraged delegations to provide 
proposals and submissions in advance of the meetin gs, echoing the General Council Decision's 
reference to "topics of interest brought forward by Members ". Considering  this feedback, she had  
proposed the item of electronic commerce,  again , for the agenda of the present  meeting in order  to 
provide an opport unity to discuss how the Council should discharge its mandate under the Work 
Programme in the future.  
104.  She was under the impression that Members ha d brought forward a number of topics , both 
during the September 2020  consultatio ns and at  Council's meeting on  30 July 2020,   on which the 
Council could have  structured discussions, as mandated by the Work Programme, if Members were 
interested to pursue them. If this was the case, the TRIPS Council might wish to keep this item on 
the regular agenda , as was the cas e in the other regular bodies mandated by the Work Programme 
and establish a structure for its discussions, in order to respond to the Ministerial mandate in this 
regard. She invited Members to share any thoughts on the substance of the discussions  on elec tronic 
commerce and on how to treat th e item on the Council's agenda in the future.   
105.  The representatives of Chad, on behalf of the LDC Group ; China ; Bangladesh ; South Africa ; 
Tanzania, on behalf of the African Group ; the United States of America ; the European Union ; 
Indonesia ; Australia ; and India took the floor.  
106.  The Council took note  of the statements made.  
17  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO   
107.  The Chair recalled  that the purpose of this agenda item was to keep Members informed on 
developments in other WTO bodies , which were relevant to TRIPS matters. Therefore, n o discussion 
was required . She invited the Secretariat to provide the regular briefing on IP -related issues 
considered in the context of individual Members' trade policy reviews, and in the Director -General's 
Monitoring Report.  
108.  The representative of the Secretariat  took the floor.  
109.  The Council took note  of the information provided . 
18  OBSERVER STATUS FOR INTERNATIONAL INTERGOVER NMENTAL ORGANIZATIONS  
110.  The Chair recalled that there were still 14 pending requests for observer status in the 
TRIPS  Council by intergovernmental organizations.12 Information provided by these organizations on 
their respective work and the reasons for their interest in observer status is avai lable on the 
Members' website.13 She invited Members and Observers to share any developments . 
111.  The Chair recalled that, at its meeting in November 2012, the Council  had agreed to grant 
ad hoc observer status on a meeting -to-meeting basis to the European Free Trade Association 
 
12 The updated list is available  in document IP/C/W/52/Rev.14.  
13 Available at https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm .  IP/C/M/9 6 
 
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  (EFTA). Since then, th e invitation ha d been renewed at each meeting. She suggest ed that EFTA be 
invited to attend the next formal meeting on an ad hoc basis.  
112.  The Council agreed  to invite EFTA to attend the next meeting on an ad hoc  basis. 
19  ANNUAL REPORT  
113.  The Chair noted that the draft Annual Report of the Council had been circulated for Members' 
review.14 It would be updated in order to reflect the discussions at the present meeting.  She invited 
Members to provide any comments on the draft.    
114.  She proposed that  the Council agrees that the Secretariat be requested to update the draft to 
reflect the discussions at th e present meeting. The draft would be faxed to Members ; and delegations 
would  have one week to comment on the updated parts of the draft report.  
115.  The Counci l took note  of the information provided and so agreed . 
20  OTHER BUSINESS  
20.1  Dates for 2021 Meetings  
116.  The Chair said that the Secretariat had reserved meeting rooms for the following dates for 
meetings of the Council in 2021: 10 -11 March, 8 -9 June and 13 -14 Octobe r.15 
117.  She enquired whether those dates were acceptable.  
118.  The Council so agreed . 
119.  She noted that the WTO Technical Workshop on "An Integrated Health, Trade and Intellectual 
Property Approach to Address the COVID -19 Pandemic" would be held on 21 October 2020; from 
12:00 to 15:00.  
__________  
 
14 Document JOB/IP/ 39. 
15 These dates have been coordinated with WIPO.