. /.WORLD TRADE
ORGANIZATIONIP/C/28
20 February 2003
(03-1083)
Council for Trade-Related Aspects
of Intellectual Property Rights
IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT
Decision of the Council for TRIPS of 19 February 2003
The Council for Trade-Related Aspects of Intellectual Property Rights (the "Council for
TRIPS"),
Having regard  to Article 66.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (the "TRIPS Agreement");
Having regard to the instructions of the Ministerial Conference to the Council for TRIPS
contained in paragraph 11.2 of the Decision on Implementation-Related Issues and Concerns
(WT/MIN(01)/17), adopted on 14 November 2001;
With a view to  putting in place a mechanism for ensuring the monitoring and full
implementation of the obligations in Article 66.2, as called for by that Decision;
With a view further to  establishing arrangements for annual reports by developed country
Members and their annual review by the Council fo r TRIPS, as also called for by that Decision;
Decides  as follows:
1. Developed country Members shall submit annually reports on actions taken or planned in
pursuance of their commitments under Article 66.2.  To this end, they shall provide new detailed
reports every third year and, in the intervening years, provide updates to their most recent reports.These reports shall be submitted prior to the last Council meeting scheduled for the year in question.
2. The submissions shall be reviewed by the Council at its end of year meeting each year.  The
review meetings shall provide Members 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 encouraging technology transfer to least-developed country Members inorder 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.
3. The reports on the implementation of Article 66.2 shall, subject to the protection of business
confidential information, provide, inter alia , the following information:
(a) an overview of the incentives regime put in place to fulfil the obligations of
Article 66.2, including any specific legislative, policy and regulatory framework;
(b) identification of the type of incentive and the government agency or other entity
making it available;IP/C/28
Page 2
(c) eligible enterprises and other institutions in the territory of the Member providing the
incentives;  and
(d) any information available on the functioning in practice of these incentives, such as:
- statistical and/or other information on the use of the incentives in question by
the eligible enterprises and institutions;
- the type of technology that has been transferred by these enterprises and
institutions and the terms on which it has been transferred;
- the mode of technology transfer;
- least-developed countries to which these enterprises and institutions have
transferred technology and the extent to which the incentives are specific to
least-developed countries;  and
- any additional information available that would help assess the effects of the
measures in promoting and encouraging technology transfer to
least-developed country Members in order to enable them to create a sound
and viable technological base.
4. These arrangements shall be subject to review , with a view to improving them, after three
years by the Council in the light of the experience.
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