RESTRICTED  
  
IP/C/M/108  
 
14 July 2023  
(23-4806) Page: 1/11 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 14-15 JUNE  2023 
Chair: H.E. Ambassador Dr Pimchanok  PITFIELD  
The present document contains the record of the meeting of the Council for TRIPS held on 
14-15 June 2023. 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 NOTIFICATIO NS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT (LAWS AND REGULATIONS)  ................  2 
2   REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ..............  3 
3   IP AND COVID -19 ................................ ................................ ................................ ........  3 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ .....................  4 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 4 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ..... 4 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ .........................  5 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER  
ARTICLE 71.1  ................................ ................................ ................................ ...................  6 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDE R ARTICLE 24.2  ................................ ......................  6 
10   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ..............  7 
11   PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT 
ADOPTED ON 17  JUNE 2022  ................................ ................................ .............................  8 
12   INTELLECTUAL PROPERTY AND THE 1998 WORK PROGRAMME ON ELECTRONIC 
COMMERCE  ................................ ................................ ................................ .......................  9 
13   IP AND INNOVATION: RESEARCH COLLABORATION ACROSS BORDERS  ....................  9 
14   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  .................  9 
15   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ ...........  10 
16   OTHER BUSINESS  ................................ ................................ ................................ .... 10 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  NOTIFICATIONS UNDER 
ARTICLE 63.2 OF THE TRIPS AGREEMENT (LAWS AND REGULATIONS)  
1. The Chair  invited the Secretariat to update delegations on the notifications under various 
provisions of the TRIPS Agreement that had been submitted since the meeting in October 2022 and 
said she would then offer the floor to delegations wishing to introduce their notifications.   
2. A representative of the Secretariat  said that the Council had received the following 
notifications, under Article 63.2 of the TRIPS Agreement:  
a. A number of the member States of the European Union had notified a significant number 
of primary and secondary domestic laws relating to the substance and the administration 
of their respective IP systems. These EU member States were :  
i. Ireland , which ha d notified a significant number of laws and regulations relating to the 
substance and the administra tion of its IP system ;  
ii. Portugal , which  had notified laws on the collective management of copyright and 
related rights, on copyright exceptions for the benefit of blind people, on the 
monitoring, control and removal of protected content in a digital enviro nment, and on 
formality requirements relating to applications for industrial property grants;  
iii. Slovenia , which ha d notified consolidated versions of its Copyright and related Rights 
Act and of its Act regulating C ollective Management of these Rights; and  
iv. the Czech Republic , which ha d notified an amended Act on Geographical Indications, 
and an amendment to its Copyright Act.  
b. Ukraine  had notified an amended Copyright Act, and an Act to harmonize legislation in the 
area of Plant Varieties and Seed Production  with EU legislation.  
c. The Republic of Moldova  had notified a law on Copyright and Related Rights updating and 
modernizing its copyright legislation and implementing a number of international treaties.  
d. Montenegro  had notified amendments to its Law on Trad emarks.  
e. Korea  had notified a number of amendments and consolidated versions including its Patent 
Act, its Trademark Act, its Design Protection Act, its Utility Model Act and its Copyright 
Act, as well as related Enforcement Decrees.   
f. Costa Rica  had notified a number of laws and regulations relating inter alia  to Copyright 
and related rights, on Patents, on Trademarks, on Protection of Topographies for 
Integrated Circuits, and on IP Enforcement, as well as the creation of an interinstitutional 
commis sion for IP protection.  
g. Japan  had notified consolidated versions of the Patent Act, its Trademark Act, and the 
Designs Act.  
h. Hong Kong, China  had notified its Copyright Amendment Ordinance which covers a number 
of areas, mainly to strengthen copyright protection in the digital environment.  
3. Montenegro  and Türkiye had notified a contact point for IP enforcement under Article 69.  
4. The Chair  invited de legations that had provided new or revised notifications to the Council to 
introduce those notifications. The representatives  of the European Union ; Japan ; Ukraine ; Moldova , 
Republic of ; Costa Rica ; Hong Kong , China ; Korea , Republic of ; the Russian Federation  and the 
United States of America  took the floor.  
5. The Chair thanked delegations for the information provided on their notifications and 
welcomed the information provided by the Secretariat. She noted  that Article 63.2 of the TRIPS IP/C/M/108  
 
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  Agreement was  not a one -off requirement , but  a core element of the TRIPS transparency 
arrangements and a central part of the Council's substantive work. It obliged Members to notify any 
new or amended laws in the area of TRIPS.  She urged Members to complete any outstandi ng initial 
notifications and to keep up to date with notifications on subsequent amendments. The same applied 
to the Checklist of Issues on Enforcement which was established by the Council as an element of 
Members' notification obligations.  
6. The Chair also noted that the Article 63.2 obligation included the notification of legislative 
changes made to implement the special compulsory licensing system to export medicines covered 
by Article 31 bis of the TRIPS Agreement. A more comprehensive picture of how the special 
compulsory licensing system ha d been implemented in Members ' domestic law could also help 
Members ' on-going discussions about how this particular TRIPS flexibility work ed in practice, and 
about the causes of any potential delays or hindrances in us ing the system . Notifying these laws 
would also help the Secretariat in its efforts to provide informed technical support to Members in 
this area.  
7. The Chair  recalled that all these notifications could be made through the e -TRIPS Submission 
System. E-TRIPS not only facilitate d the submission of information by Members – it also permitted 
digital access, consultation, and analysis of this information through the  e-TRIPS Gateway, an 
easy-to-use interface to search and display information related to the TRIPS Council . The Secretariat 
was available to respond to any question in that regard.  
8. The Council took note of the notifications and the statements made.  
2  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  
9. The Chair  recalled that the Council was preparing for the review of the national implementing 
legislation of Samoa. As had been agreed at the end of last year, the Council would wait for the 
notification of Samoa's revi sed legislation following their accession to a number of World Intellectual 
Property Organization (WIPO) treaties before commencing the review. She proposed that the 
Secretariat remain in contact with Samoa on the progress of its new legislation; and that the Council 
revert to the arrangements for Samoa's review at its next meeting.  
10. While there were no current reviews pending, she said Members should feel free to revert to 
any matter raised in past reviews, or to make suggestions regarding further reviews.  She would 
further welcome ideas on how to make best use of this agenda item.   
11. The Council agreed  to schedule the arrangements for the review of Samoa's national 
implementation legislation as proposed by the Chair.   
3  IP AND COVID -19 
12. The Chair  recalled that, at its last formal meeting, the Council had agreed to discuss the 
following three topics under this agenda item:  
a. IP-related domestic measures taken by Members in the context of the COVID -19 
pandemic. The Chair once again referred to the com pilation "COVID -19: Measures 
Regarding Trade -Related Intellectual Property Rights " on the WTO website which 
contained a non -exhaustive list of IP -related measures taken in the context of COVID -19, 
compiled by the Secretariat from official sources and verif ied by the Members concerned , 
although there had been no recent changes to the document. She encouraged Members 
to inform the Secretariat of any measures which should be included on the list, as well as 
any update or information on the expiry – or end of a pplication – of such measures.  
b. Members' proposals under paragraph 24 of the Declaration on the WTO Response to the 
COVID -19 Pandemic and Preparedness for Future Pandemics (document WT/L/1142 ). 
Under this provision the Council was mandated to continue or initiate wo rk to analyse 
lessons learned and challenges experienced during the COVID -19 pandemic. Given that 
the Council had already initiated discussions on COVID -19-related experiences in the field IP/C/M/108  
 
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  of IP under this agenda item, it had been agreed that the Council w ould treat any proposals 
that Members might make in this regard under this item.   
c. Communications under p aragraph 5 of the Decision on the TRIPS Agreement (document 
WT/L/1141 ). Under this provision  Members are required to "communicate to the Council 
for TRIPS any mea sure related to the implementation of the Decision, including the 
granting of an authorization" as soon as possible after the adoption of the measure. It had 
been agreed that, to the extent that such communications were not already covered by 
notifications  of laws and regulations under item 1, the Council would provide an update 
on them under this agenda item. In this regard, she noted that no communications under 
paragraph 5 of the Ministerial Decision had been received to date.   
13. The Chair  opened the floor for any intervention on the three aspects treated under this agenda 
item.  
14. The representatives of South Africa , Indonesia , the United States  of America , Maldives , 
Djibouti , on behalf of the LDC Group , Colombia , India, the European Union , and the United Kingdom , 
took the floor.   
15. The Chair  proposed to revert to the item at the next meeting to ensure that the exchanges 
could continue, including on the basis of the following:  
a. the updated Secretariat compilation of COVID -19-related IP measures ;  
b. any commun ications  that might be received from Members under paragraph 5 of the 
MC12  TRIPS Decision ; and  
c. any proposals Members might wish to make in the context of paragraph 24 of the WTO 
Declaration on Pandemic Response.   
16. The Council took note  of the statements made and agreed  to revert to this item at its next 
meeting.  In the interim, t he Chair will initiate informal consultations to discuss how Members would 
like to take work forward on this item.   
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
17. The Chair  proposed to address these three agenda items together. She recalled that one tool 
for the review under item 4 was  the information provided by Members in response to list s of 
questions on Article 27.3(b). She said that the latest Annual Report on Notifications and other 
Information Flows circulated by the Secretariat illustrated that responses to that checklist had be en 
rather sparse recently . So far , only 28 Members had responded to the lists of questions on 
Article  27.3(b) , with Saudi Arabia being the most recent Member to respond in 2021 . The Chair  thus 
encouraged Members to submit responses to these checklists, and  to update their previous 
submissions if they were out of date .  
18. The Chair noted that two long -standing procedural issues had been discussed extensively on 
the record at every regular meeting of the Council for almost ten years. The first was the suggestion 
for the Secretariat to update three factual notes on the Council 's discussions on th e TRIPS and CBD 
and related items; these notes were initially prepared in 2002 and last updated in 2006. The second 
was the request to invite the CBD Secretariat to brief the Council on the Nagoya Protocol to the CBD, 
initially proposed in October 2010.   
19. The Chair  noted that delegations ' positions on these issues were well -known and had already 
been extensively recorded in the Council 's minutes . She therefore suggested that delegations focus IP/C/M/108  
 
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  their interventions on suggestions on how to resolve the differenc es and on how make progress on 
substantive issues.  
20. The representatives of India; Bangladesh ; Indonesia ; Peru; South Africa ; China ; Tanzania, on 
behalf of the African Group ; Ecuador ; the United States of America ; Japan ; Nigeria ; Thailand ; Korea, 
Republic of ; Canada  and Brazil  took the floor.   
21. The Council took no te of the statements made and agreed  to revert to these matters  at its 
next meeting.  
7  NON-VIOLATION AND SITUATION COMPLAINTS  
22. The Chair recalled that the examination of scope and modalities f or non -violation and situation 
complaints under TRIPS was in line with the initial mandate in Article 64.3 of the TRIPS  Agreement, 
which had required recommendations to be submitted to the Ministerial Conference in 1999.   
23. She recalled that at the 12 th Ministerial Conference, Ministers had adopted a Decision on 
TRIPS non -violation complaints (document WT/L/1137 ), which directed the Council  for TRIPS  to 
continue its examination of the scope and modalities for non -violation and situation complaints, and 
to make  recommendations to the 13th Ministerial Conference. The Decision also provided that, in the 
meantime, Members would not initiate such complaints under the TRIPS Agreement.   
24. She noted that, as  reported in her communication circulated on 25 May, in her consultations 
on this matter she had explored delegations' appetite to return to substantive discussions on this 
issue by providing a factual overview of Members' views on the operation of non -violation 
complaints , based on existing materials and meeting records. Most delegations who had participated 
in the consultations had been cautiously receptive to this idea, although a few had reserved their 
position in this regard.  In her view, collecting these elements in a  neutral and factual way could be 
a first step to return to substantive discussions, if Members were so inclined.   
25. While she sensed that there was not an enormous appetite for this work – particularly as the 
discussions on the TRIPS Decision were consuming  much of delegations' bandwidth – she recalled 
that this was a ministerial mandate for the Council that was long overdue, and she encouraged 
Members to make serious efforts to resolve it.  
26. Against this background, it was her suggestion that Members ask the  Secretariat to look at 
Members' previous interventions and submissions under this agenda item, and to compile Members' 
views on the operation of NVSCs generally – and with respect to the TRIPS Agreement – in a neutral 
and factual manner. Such a compilatio n could highlight common elements in Members' views, and 
thus allow the discussion to focus more on the areas of disagreement. Such a document would, of 
course, be without prejudice to Members' positions in these discussions. She believe d, nevertheless, 
that it could help the Council return to a substantive engagement with the scope and modalities for 
such complaints, as mandated by ministers.   
27. The delegations of the United States  of America ; Bangladesh ; Switzerland ; Peru; Canada ; the 
United Kingdom ; China ; Colombia ; Korea, Republic of ; Argentina ; Tanzania, on behalf of the African 
Group ; Indonesia ; Nigeria ; Hong Kong, China ; Thailand ; South Africa ; India; the European Union ; 
and Moldova , Republic of  took the floor.   
28. The Chair  acknowledged certain Members' reservations with regard to the propos ed factual 
compilation  and encouraged delegations to engage on the matter of scope and modalities as directed 
by the Ministerial Decision.  
29. The Council took no te of the statements made , agreed  that the Chair w ould conduct 
consultations , and agreed  that the Council  would revert to these matters  at its next meeting.   IP/C/M/108  
 
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  8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
30. The Chair  recalled that, u nder Article 71.1 , the Council was required to conduct a review of 
the implementation of the agreement once every two years. However, as the initial review in 1999 
had not been completed, no other review has subsequently been initiated.  
31. She reported that, in her consultations held prior to the current  meeting, she had explored 
Members' preferences on how to comply with this mandate going forward. She had clarified that this 
review was not intended to re -open the substance of the TRIPS Agreement, but rather to establish 
a long -term process to share expe riences on how different parts of the Agreement had been 
implemented domestically or regionally. She noted, for clarity, that this did not affect Members' 
rights to make proposals to amend the Agreement, if they so wish – as one Member had pointed out 
in the informal meeting on 8 June . But it was clear that the mandated regular review of the 
implementation of the Agreement under Article 71.1 did not imply or require any intention or 
commitment by Members to amend the agreement.  
32. Taking inspiration from the review practices in other WTO bodies – such as SPS or TBT – she 
suggested that Members could agree on a few well -defined areas or themes, and share their 
domestic experiences in these fields in dedicated thematic sessions over a period of two years, after 
which the Council could circulate a factual report. This might provide an opportunity for Members to 
learn and better understand parts of the Agreement without aiming for a particular outcome , and 
could help strengthen the deliberative function of the Coun cil.  
33. She said that, as she had  reported in her communication of 25 May, all delegations who had 
participated in the consultations had been open to considering this approach, although some noted 
the need to avoid linkages to other issues, to take into acco unt sensitivities, and had cautioned not 
to begin ambitious or controversial discussions.  
34. She said that while she did not necessarily envisage the review to restart under her 
chairmanship, she felt that setting the path for this important function would o pen an opportunity 
for Members to share experiences and review how implementation of the Agreement had worked in 
their respective economies. She recalled that under item 1, a number of Members had notified 
amendments to domestic laws in reaction to digital  and other new technologies, and she noted that 
implementation in this area could be a possible topic for the review.  
35. She proposed that, if Members agreed, she would continue focused consultations on 
identifying possible topics and modalities with a view to restarting the review.  
36. The delegations of South Africa ; Argentina ; Colombia ; and the United Kingdom  took the floor .  
37. The Chair  thanked Members for their interventions and indicated that she would continue 
consultations as proposed.  
38. The Council took note of the statements made and agree d to revert  to the matter at its next 
meeting.   
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
39. The Chair  recalled that Article 24.2 of the TRIPS Agreement required the Council to keep under 
review the application of the TRIPS provisions on geographical indications. The principa l tool used 
for the review was the Checklist of Questions (document IP/C/13  and Add.1 ). She said that, of the 
164 WTO Members, only 52 had responded to the Checklist and most of the responses were likely 
to be out of date, because they were submitted well over 1 0 years ago. This was despite the fact 
that protection of geographical indications (GIs) was an active area of legal and policy development 
in a number of countries, as well as in a number of FTAs.  
40. She encouraged delegations to consider submitting respons es, or updating initial responses, 
so that important developments were duly reflected in Members' contributions. The e -TRIPS IP/C/M/108  
 
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  Submission System was available as an easy and convenient tool to prepare and submit these 
responses and updates.   
41. The Chair  suggested that Members, in line with the Council's recommendation made in 
March  2010, also share information on bilateral agreements related to the protection of GIs which 
they were party to. She stated that this was an area of considerable activity with direct bearing on 
the issue, and the sharing of updated information would be very helpful in promoting transparency , 
and to inform the Secretariat's technical assistance .  
42. The Council agreed  to revert to the matter at its next meeting.   
10  TECHNICAL COOPERATI ON AND CAPACITY -BUILDING  
43. The Chair  recalled that the Council ha d regularly conducted annual reviews of technical 
cooperation and capacity -building activities at its end -of-year meeting and that these reviews were 
based on reports submitted by developed cou ntry Members, international organizations, and the 
WTO Secretariat.  
44. A representative of the  Secretariat  stated that this review was usually conducted at the 
Council's last meeting of the year . Developed  country Members were invited to submit information 
on their activities pursuant to Article 67 of the TRIPS Agreement. Other Members who also engaged 
in technical cooperation were encouraged to share information if they so wish . Intergovernmental 
organizations with observer status in the TRIPS Council, as well as the WTO Secretariat, were also 
invited to report on their relevant activities . The requested written information should be made 
available four weeks prior to the next me eting, in order to allow timely circulation. In view of the 
dates of the next TRIPS Council meeting scheduled for 9-10 October 202 3, he suggested that written 
information be submitted by 1 1 September 202 3 by using the e -TRIPS Submission System.   
45. The Chair  suggested to proceed in line with this practice and conduct the next such review at 
the October meeting . The Council  so agreed .  
46. The Chair noted  that the documentation provided on this topic had been usually quite 
extensive , and that in order to ensure a s treamlined and systematic approach to the management 
of this information , the use of the e -TRIPS Submission System was advised for the convenient 
preparation of such submissions both in capital and at the Geneva missions. The Secretariat was 
available to provide support and background to delegations for the use of this system and could be 
contacted through the usual email e-trips@wto.org .  
47. The Chair  invited the Secretariat to provide an update on their preparations for a workshop 
on technical cooperation and capacity  building foreshadowed at the last meeting.  
48. A representative of the Secretariat  took the floor  (document RD/IP/53 ).  
49. The Chair  urged Members t o consult the reports to see what kind of assistance was available, 
and in which geographical areas, as this was important in the context of the development debate in 
the WTO. She noted the existence of technical assistance and capacity building activities  between 
developing Members and encouraged all to notify such activities, and to update their relevant contact 
points and departments.  
50. The representatives of Bangladesh ; and Djibouti, on behalf of the LDC Group  took the floor.   
51. The Chair recalled that the Secretariat workshop on technical assistance and capacity building 
was planned for 11 -12 October 2023. The representative of the Secretariat  confirmed that it would 
continue its outreach to Members as the planning for this event progress ed and invited anyone with 
questions to contact the Secretariat.   
52. The Council took note  of the statements and agreed  to revert to the item at its next meeting.   IP/C/M/108  
 
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  11  PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED 
ON 17 JUNE 2022  
53. The Chair recalled that under paragraph 8 of the Ministerial Decision on the TRIPS Agreement, 
adopted on 17 June 2022, Members agreed to make a decision within six months from adoption, on 
whether to extend this Decision to cover the production and supply of COVID -19 diagnostics and 
therapeutics.  The General Council ha d decided to extend this deadline and ha d kept the question of 
the duration of the deadline extension on its agenda, while substantive discussions should continue 
in the Council for TRIPS.  
54. With respect to these substantive discussions, she said that Members' interventions during 
the March meetin g of the TRIPS Council had illustrated that a wide variety of views persist ed in 
regard to this issue. In her recent consultations on this question, delegations had largely recognized 
that substantive engagement will be more constructive once all Members h ave completed their 
domestic consultation processes but that, in the meantime, fact - and evidence -based discussions 
should continue. Some  had explicitly pointed to the questions posed in papers circulated by Members 
as a good starting point.   
55. In response t o these views, she said she had held an informal open -ended meeting of the 
Council on 8 June 2023, where Members had continued their exchanges on the substance of the 
matter, including with reference to Members' various submissions in this regard.  
56. She sai d she also  explored with delegations the possibility to gather facts and take stock of 
developments relevant to the COVID -19 pandemic with outside stakeholders, such as international 
organizations, civil society organizations, business representatives and academia. Delegations were 
generally supportive of this idea to gather such input and experiences from within the competence 
of stakeholders, that was relevant to the COVID -19 pandemic. She said she had pointed out that 
this event could help inform not onl y the narrow question under para graph  8 of the MC12 Decision, 
but also the broader mandate under para graph  24 of the Ministerial Declaration on the WTO 
Response to the COVID -19 Pandemic and Preparedness for Future Pandemics ( WT/L/1142 ).  
57. The Chair said that, i f Members so decide d, such a one -day thematic session could be 
organized after the summer break in late September  or early October. Her suggestion would be that 
she would develop a draft program together with the Secretariat which would then be circulated to 
Members for comments. In this context, she had well taken note of Members' preference for a 
balanced composition of participating stakeholders from diverse geographical  and organizational 
backgrounds. It was also clear that external stakeholder participation would be limited to the 
thematic session itself, and that negotiations and substantive deliberations would remain reserved 
for Members.  
58. She invited Members to continue their substantive discussions and to also share any further 
thoughts with regard to such an "Informal Thematic Session for Stakeholder Input on IP and COVID -
19 and the MC12 Decision".  
59. The representatives of South Africa ; China ; Djibouti , on behalf of t he LDC Group ; Bangladesh ; 
Indonesia ; Nepal ; El Salvador ; Peru; Tanzania , on behalf of the African Group ; the United States  of 
America ; India; Switzerland ; the European Union ; Japan ; Thailand ; the United Kingdom ; Brazil ; 
Korea, Republic of ; Cambodia ; Singap ore; and Hong Kong, China  took the floor.  
60. The Chair  assured Members  that the envisaged thematic session was not an attempt to delay 
a decision, but rather an effort to continue a fact - and evidence -based discussion that could support 
a decision when all Members would  be ready to engage. She also said that, while there had  already 
been a number of substantive submissions on this topic, more written submissions from Members 
on their experiences or on pertinent questions would be useful to support a robust discussion of the 
questions before Members.  
61. As work at the WTO was expected to accelerate after the summer, she pointed out that a 
decision under paragraph 8 of the Ministerial Decision did not have to wait until MC13 and could be 
taken by the General Council at any time, even before the end of the year. Finally, she reca lled that 
paragraph 8 of th e Ministerial Decision and paragraphs 23 and 24 of th e Ministerial Declaration on 
Pandemic Response  were two separate mandates for Members to discuss . While the thematic session IP/C/M/108  
 
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  could provide inputs for both, and she did not excl ude that Members would discuss both mandates 
together, she wished to highlight that the mandates had separate objectives and would have to be 
looked at separately. Paragraph 8 of the Ministerial Decision was aiming for an eventual decision by 
Members, whil e paragraph 24 of the Ministerial Declaration mandated general reflection on 
experiences during COVID -19, and reporting to the General Council.  
62. The Council agreed  to hold an Informal Thematic Session for Stakeholder Input as suggested 
by the Chair.   
63. The Council took note of the statements made and agreed to revert  to the item at its next 
meeting.  
12  INTELLECTUAL PROPERTY AND THE 1998 WORK PROGRAMME ON ELECTRONIC 
COMMERCE  
64. The Chair said this item had been put on the agenda at the request of the delegation of South 
Africa who had also submitted a communication on this topic, circulated in document IP/C/W/698 , 
in order to allow Members to prepare for this discussion.   
65. The representative s of South Africa ; China ; Tanzania ; Djibouti, on behalf of the LDC Group ; 
Indonesia ; Australia ; India; the European Union ; the United States of America ; and Switzerland  took 
the floor.  
66. The Council  took note  of the statements made.   
13  IP AND INNOVATION: RESE ARCH COLLABORATION ACROSS BORDERS  
67. The Chair  said that t his item ha d been put on the agenda at the request of the delegations of 
Australia ; the European Union ; Hong Kong, China ; Japan ; Singapore ; Switzerland ; Chinese Taipei ; 
the United Kingdom ; and the United States of America . These delegations ha d also submitted a 
communication on this topic, circulated in document IP/C/W/699  in order to allow Members to 
prepare for today's discussion.  
68. The representatives of Chinese Taipei ; the United States of America ; Australia ; Singapore ; 
Japan ; the United Kingdom ; Hong Kong, China ; Switzerland ; Canada ; the European Union ; 
Indonesia ; Djibouti, on behalf of the LDC Group ; and the World Intellectual Property Organization 
(WIPO)  took the floor.   
69. The Council  took note  of the statements made.   
14  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
70. The Chair recalled that the purpose of this information agenda item was to keep Members 
posted of developments in the WTO, which had a TRIPS or intellectua l property angle.   
71. Regarding developments relating to the TRIPS amendment, the Chair said that since the 
meeting in March, the delegation of Namibia had deposited its instrument of acceptance on 4  April 
2023. This meant that 137  Members had now accepted th e TRIPS amendment. She encouraged the 
remaining 27 Members to complete their domestic procedures and deposit their instrument of 
acceptance with the WTO Director -General as soon as possible. The period for acceptance of the 
Protocol currently ran until 31 December 2023 (document WT/L/1122 ).  
72. The Chair  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.  
73. A representative of t he Secretariat  took the floor.   
74. The Council took note  of the information provided.   IP/C/M/108  
 
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  15  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
75. The Chair said that there continued to be 14 pending requests for observer status in the TRIPS 
Council by intergovernmental organizations. The updated list of requests1, and the information 
provided by these organizations on their respective work and the reasons for their interest in 
observer status was available on the Members' website.2   
76. The representatives of Indonesia ; Colombia ; the United States of America ; and China  took 
the floor.  
77. The Council  took note  of the statements made and  agreed  to revert to the matter at its next 
meeting.   
78. The Chair  recalled that, at its meeting in November 2 012, the Council had agreed to grant 
ad hoc observer status on a meeting -to-meeting basis to the European Free Trade Association 
(EFTA) . Since then, this invitation had been renewed at each meeting. The Chair suggested to invite 
again the EFTA to attend th e Council's next formal meeting on an ad hoc  basis.   
79. The Council so agreed .  
16  OTHER BUSINESS  
16.1  Annual Review of the Special Compulsory Licensing System  
80. The Chair  recalled that at a special meeting in 2017, the Council had taken note of the entry 
into force of the amended TRIPS Agreement and that, at that time, Members had said this would 
also be the moment to consider in greater detail how the Special Compulsory L icensing System could 
be effectively used as a practical procurement tool to respond to public health needs. Members had 
also proposed a number of accompanying measures, including legislative advice to implement the 
mechanism into domestic law and capacity -building activities. Since then, some Members had made 
efforts to use the system in the context of their pandemic response . The next annual review of the 
System could, therefore, be guided by the issues that Members had already identified in the past , 
as well as the more recent experiences of Members that were currently using the System.   
81. The Chair suggested that, as part of the upcoming annual review, Members might also wish 
to consider discussing any domestic measures taken to implement and use the Special Compulsory 
Licensing System under Article 31 bis of the TRIPS Agreement, including in the context of COVID -
19. She encouraged Members to make proposals on how to take this issue forward and expressed 
her intention to consult with Members on how to p repare for a meaningful review.   
16.2  21st Annual Review under Paragraph 2 of the Decision on the Implementation of 
Article 66.2 of the TRIPS Agreement  
82. The Chair recalled that Paragraph 1 of the Decision provided that developed country Members 
should submit ann ually reports on actions taken or planned in pursuance of their commitments under 
Article 66.2 and for this purpose, they must provide new detailed reports every third year and, in 
the intervening years, provide updates to their most recent reports. As 202 3 was an intervening 
year, developed country Members were expected to provide updates to their reports. Paragraph 2 
of the Decision provided that the Council should review these reports at the last meeting of the year.   
83. The Chair  suggested that developed c ountry Members submit their reports by 
11 September  2023 – i.e., the same date as the deadline for submission of Technical Assistance 
Reports. This submission date was about four weeks before the last TRIPS Council meeting of the 
year, which was scheduled for 9-10 October 202 3, and would therefore allow for timely circulation 
of the documents. The kind of information to be provided in the reports was specified in paragraph 
 
1 IP/C/W/52/Rev.14  
2 Available at https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm . IP/C/M/108  
 
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  3 of the Decision. She stated that, in the past, Members had considered some practica l approaches 
to streamlining their submission and management of this information.   
84. The Chair suggested that reporting members use the e -TRIPS Submission System to submit 
this information, just as with reports under Article 67. Members who had used e -TRIPS to submit 
their reports in prior years – which was all but one reporting Member – could take advantage of 
system efficiencies to save time in preparing this year's reports. She said that the Secretariat had 
created guidance materials and was available to p rovide practical advice on request.   
85. The Chair  informed Members that the Secretariat was planning for the 1 7th Workshop on 
Technology Transfer back -to-back with the Council's meeting in early 202 4. She said that the 
Secretariat would be in touch with the d elegations concerned to prepare for the Workshop.   
86. The Council agreed  to proceed as indicated and took note  of the information provided.   
87. The meeting was closed .  
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