./.WORLD TRADE
ORGANIZATIONWT/GC/W/242
6 July 1999
(99-2818)
General Council Original:  English
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Proposal on Trade-Related Aspects of Intellectual Property
Communication from Japan
The following communication, dated 6 July 1999, has been received from the Permanent
Mission of Japan.
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Proposal
1. Effective and appropriate protection of intellectual property rights is important for promotion
of liberalization and facilitation of trade and investment.  The TRIPS Agreement, as concluded in the
Uruguay Round, is a major breakthrough as the first instrument which stipulates minimum standard of
protection of intellectual property rights.  First and foremost, every Member should ensure the full
implementation of the TRIPS Agreement and effective operation of the domestic legislation.  In
addition, in the next round of negotiations to be launched next year, some improvements in the
TRIPS Agreement are required in line with new technological development and social needs.
Especially, in order to achieve further economic development of Member countries includingdeveloping countries, Members should discuss harmonization of intellectual property right system and
appropriate measures against counterfeiting.  It is also beneficial to consider the possibility to
incorporate new treaties or conventions concluded in  other fora achieving higher level of protection of
intellectual property rights  into the TRIPS Agreement in a timely manner.
Background
2. The TRIPS Agreement, as concluded in the Uruguay Round, is a major breakthrough as the
first instrument which stipulates minimum standard  of protection of intellectual property rights,
recognizing the importance of effective and adequate  intellectual property protection for promotion of
liberalization and facilitation of trade and investment.
3. Japan envisages, from its own experience, that adequate protection of intellectual property
rights is fundamental for economic growth, and it is  material that all Members share the recognition
that adequate protection of intellectual property rights would bring enough benefits to every Member
country.  In this context, the full implementation of the TRIPS Agreement and effective operation of
the domestic systems is of importance.
4. It has been recognized that different intellectual property rights protection systems in different
countries are impediments to international trade against the development of trade and investment
among Member countries from the Uruguay Round negotiation at that time.  However, differences in
fundamental rules for protection of intellectual property rights still exist, which remain as obstaclesWT/GC/W/242
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for trade and investment.  In this context, in the next round of trade negotiations, further international
harmonization of intellectual property rights protection systems should be examined, such as the
introduction of the first-to-file system and the introduction of an early publication system of filed
patent application.  This will lead to the swift acquisition of rights and the enforcement of rights.
5. Since counterfeit goods problems still bring serious distortions to legitimate international
trade, effective measures should be taken against pirated goods.  At the same time, Members in whose
territories pirated goods are affluent should realize that such counterfeit activity is detrimental to their
own trade circumstances, such as degraded value of their products.
6. Furthermore, taking into account the nature of the TRIPS Agreement, that is, a minimum
standard of intellectual property protection, we should not discuss the TRIPS Agreement with a view
to reducing the current level of protection of intellectual property rights.  To the contrary, the
TRIPS Agreement should be improved properly in line with new technological development andsocial needs.  For example, the TRIPS Agreement should deal with higher protection of intellectual
property rights which has been achieved in other treaties or conventions in other fora appropriately.
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