WORLD TRADE
ORGANIZATIONIP/C/W/394
10 January 2003
(03-0134)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
IMPLEMENTATION ISSUES UNDER ITEM "L" OF THE AGENDA OF
 THE COUNCIL FOR TRIPS (ISSUES UNDER PARAGRAPH 12(b)
OF THE DOHA MINISTERIAL DECLARATION)
Communication from Cuba
This document reproduces the statement by Cuba received from the Permanent Mission of
Cuba by means of a communication dated 27 November 2002.
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1. As you are aware, Mr Chairman, this Council has so far been unable to analyse the problems
and concerns relating to the issues covered by item "L" of its agenda (implementation issues under
paragraph 12(b) of the Doha Ministerial Declaration). This is due to the workload under the DohaWork Programme and attention required by other critical issues, such as finding a solution to the
problem specified in paragraph 6 of the Declaration on the TRIPS Agreement and Public Health and
the work of other WTO bodies.
2. However, the issues under item "L" (which come under paragraph 12(b) of the Doha
Ministerial Declaration) are still major development issues with systemic implications for developingcountries; for this reason, it is essential that the Council for TRIPS develop and make specific
recommendations to the TNC.
3. In this respect, my delegation today wishes to focus its statement on making a number of
recommendations for the consideration of the Council fo r TRIPS with regard to issues related to the
implementation of the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPSAgreement) falling under paragraph 12(b).
Extension of the transitional period for developing countries provided for in Article 65.2 (Tiret 93)
4. Nowadays there can be no doubt whatsoever that we developing countries have made every
effort to comply with all of the WTO Agreements, in particular the TRIPS Agreement. This has been
demonstrated in our TPR reports and in particular by the national legislation review and notification
process still under way at these Council meetings. The wide-ranging legal, institutional andinfrastructure changes which developing countries have had to make under the TRIPS Agreement
have, however, caused us to run into a number of difficulties, of which both paragraph 12 of the Doha
Declaration and the adoption of the Decision on Implementation-Related Issues and Concerns serve as
ample proof.
5. The basic principle underlying the issues and concerns covered by the Ministerial Declaration
and the Decision on Implementation-Related Issues and Concerns is that the transitional period
granted to developing countries under Article 65.2 has proved inadequate in terms of allowing ourIP/C/W/394
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countries to comply in full with the TRIPS Agreement. There is no doubt that the reasonable step to
take would be to accord developing countries a l onger transitional period than that stipulated in
Article 65.2.
6. My delegation therefore proposes the following recommendation:
7. Given that we developing countries have complied with a significant number of our
obligations under the TRIPS Agreement, what is being sought is not a “blank cheque” for the
transitional period. For this reason, we recommend that the Council for TRIPS inform the TNC of the
need for the transitional period provided for in Article 65.2 to be objectively extended. The Council
for TRIPS must therefore recommend that further work be carried out with a view to developing an
appropriate method for objectively extending this transitional period, in particular in the areas which
have aroused the greatest concern.
Implementation of Articles 7 and 8 of the TRIP S Agreement (Operationalization) -  (Tiret 94)
8. As can be seen from Articles 7 and 8, the TRIPS Agreement strikes a delicate balance both
between the interests of producers and users of intellectual property rights and between the interests of
developing and industrialized countries. Many developing countries accepted the adoption of this
Agreement on the basis that it would promote technological innovation and the transfer and
dissemination of technology in a manner conducive to social and economic welfare. However,whereas the TRIPS Agreement does indeed lay down clear rules on how the interests of developed
countries and producers of technology should be protected, there is very little in the operative part of
the Agreement on how to ensure benefits for users or, in particular, how to cater to the interests of
developing countries as regards technology transfer and industrial development.
9. This imbalance becomes apparent in the operative section of the Agreement where the
principles and objectives of technology transfer are not reflected, except for a brief reference in
Articles 66.2 (LDCs only) and 40 (anti-competitive practices). As a result, the objectives and
principles of the TRIPS Agreement, as endorsed in Articles 7 and 8, have been treated as compliance
clauses and have not effectively resulted in or encouraged the promised technology transfer. In order
to ensure such a transfer, developing countries need to be given greater policy space and optionswhich go beyond the flexibility granted to control anti-competitive terms in licensing contracts.
10. Articles 7 and 8 must therefore be meaningfully operationalized to ensure that a balance is
struck between intellectual property protection and developmental and technological objectives. There
is a need for these objectives and principles to be set forth in the operative part of the Agreement to
ensure technology transfer in mutually beneficial terms.
11. To that effect, we hereby recommend the following:
12. That the Council for TRIPS recommend to the TNC that work be commenced with a view to
developing a more effective framework for technology transfer and establishing parameters to ensure
that this transfer is carried out on mutually beneficial terms.
Transitional period for LDCs pursuant to Article 66.1
13. Article 66.1 of the TRIPS Agreement grants an automatic transitional period to LDCs for a
period of 10 years, with the possibility of extensions.
14. We suggest that the Council for TRIPS recommend to the TNC that the General Council take
a decision to the effect that LDCs shall not be required to comply with the TRIPS Agreement for as
long as they have LDC status.IP/C/W/394
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15. The aim of this statement is to put forward practical and reasonable proposals which could
form the basis of the report and recommendations of the Council for TRIPS to the TNC, with a view
to appropriate action being taken to find meaningf ul solutions to some of the implementation issues
under paragraph 12(b) of the Ministerial Declaration. It is crucial that all Members make every effort
to ensure a timely conclusion to these discussions.
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