RESTRICTED  
  
IP/C/M/105/Add.1  
 
12 September  2022 
(22-6694) Page: 1/45 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 6 JULY 2022  
Chair: H.E Ambassador  Lansana Gberie (Sierra Leone)  
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held on 
6 July 2022.  
 
_______________  
 
Table of Content  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ....... 4 
2   REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  ................................ .............  8 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ ............................  8 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ ..................  10 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ...............................  10 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ .. 10 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ ......................  14 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER  
ARTICLE 71.1  ................................ ................................ ................................ ................  15 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ ...................  15 
10   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ...........  16 
11   PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT 
ADOPTED ON 17 JUNE 2022  ................................ ................................ ..........................  17 
12   INTELLECTUAL PROPERTY AND INNOVATION: IP LICENSING OPPORTUNITIES  ..... 31 
13   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ..............  43 
14   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL   
ORGANIZATIONS  ................................ ................................ ................................ ..........  44 
15   OTHER BUSINESS  ................................ ................................ ................................ ... 45 
 
  IP/C/M/105/Add.1  
 
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  INDEX OF THE STATEMENTS MADE  
AT THE MEETING OF COUNCIL FOR TRIPS 6 JULY 2022 * 
Argentina  
Non Violation ad Situation Complaints  .... 14 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  23 
Australia  
IP Licensing Opportunities  ....................  32 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Ag reement adopted on 17 June 
2022 ................................ ...............  26 
Bahrain, Kingdom of  
Notifications  ................................ .........  5 
Bangladesh  
Non-Violation and Situation Complaints .. 14 
Observer Status for International 
Intergovernmental Organizations  ....... 44 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  22 
Review of the provisions of Article 27.3(B)
 ................................ ......................  11 
Technical Cooperation and Capacity Building
 ................................ ......................  16 
Bolivia, Plurinational State of  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  25 
Brazil  
Biotech, Biodiversity, TK  ......................  11 
Non-Violation and Situation Complaints .. 14 
Notifications  ................................ .........  4 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  26 
Canada  
Biotech, Biodiversity, TK  ......................  13 
IP Licensing Opportunities  ....................  39 
Paragraph 8 o f the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  27 
Chile  
Biotech, Biodiversity, TK  ......................  13 
IP Licensing Opportunities  ....................  41 
Non-Violation and Situation Complaints .. 15 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted o n 17 June 
2022 ................................ ...............  25 
China  
Biotech, Biodiversity, TK  ......................  13 
IP Licensing Opportunities  ....................  40 
IP measures in the context of COVID -19 .. 8 
Non-Violation and Situation Complaints .. 15 
Observer Status for International 
Intergovernmental Organizations  ....... 44 
Paragraph 8 of the Mi nisterial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  24 
Egypt  
Biotech, Biodiversity, TK  ......................  12 Observer Status for International 
Intergovernmental Organizations  ....... 44 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  21 
European Union  
IP Licensing Opportunities  ....................  36 
Notifications  ................................ .........  4 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  28 
Guatemala  
Notifications  ................................ .........  8 
Hong Kong, China  
IP Licensing Opportunities  ....................  40 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  25 
India  
Biotech, Biodiversity, TK  ......................  10 
Non-Violation and Situation Complaints  . 14 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  24 
Indonesia  
Biotech,  Biodiversity, TK  ......................  12 
Non-Violation and Situation Complaints  . 14 
Observer Status for International 
Intergovernmental Organizations  ....... 44 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  22 
Japan  
Biotech, Biodiversity, TK  ......................  13 
IP Licensing Opportunities  ....................  34 
Notifications  ................................ .........  6 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  27 
Korea, Republic of  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  28 
Malaysia  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  28 
Maldives  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  20 
Mexico  
Paragraph 8 of the Ministerial Decision on 
the TRIP S Agreement adopted on 17 June 
2022 ................................ ..............  30 
Moldova, Republic of  
Notifications  ................................ .........  5 
Technical Cooperation and Capacity Building
 ................................ ......................  16 IP/C/M/105/Add .1 
 
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  Montenegro  
Notifications  ................................ .........  6 
New Zealand  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  29 
Nicaragua  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  29 
Norway  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  27 
Pakistan  
IP measures in the context of COVID -19 .. 9 
Paragraph  8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  19 
Panama  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  30 
Peru  
Biotech, Biodiversity, TK  ......................  13 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  31 
Russian Federation  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  25 
Singapore  
IP Licensing Opportunities  ....................  33 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreemen t adopted on 17 June 
2022 ................................ ...............  26 
South Africa  
Biotech, Biodiversity, TK  ......................  11 
IP measures in the context Of COVID -19 .. 8 
Non-Violation and Situation Complaints .. 15 
Observer Status for International 
Intergovernmental Organizations  ....... 45 
South Africa on behalf of the 
co- sponsors  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  17 
Sri Lanka  
Biotech, Biodiversity, TK  ......................  12 
IP measures in the context of COVID -19 .. 9 
Non-Violation and Situation Complaints .. 14 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ...............  23 
Switzerland  
IP Licensing Opportunities  ....................  38 Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  29 
Chinese Taipei  
IP Licensing Opportunities  ....................  33 
Tanzania  on behalf of the African Group  
Biotech, Biodiversity, TK  ......................  11 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  21 
Tanzania, on behalf of the African Group  
Non-Violation and Situation Complaints  . 14 
Observer Status for In ternational 
Intergovernmental Organizations  ....... 44 
Thailand  
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  29 
Trinidad and Tobago  
Notifications  ................................ .........  5 
Ukraine  
Notifications  ................................ .........  7 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  20 
United Kingdom  
IP Licensing Opportunities  ....................  35 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  26 
United States of America  
Biotech, Biodiversity, TK  ......................  13 
IP Licensing Opportuniti es ....................  31 
IP measures in the context of COVID -19 .. 9 
Observer Status for International 
Intergovernmental Organizations  ....... 44 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  29 
Uruguay  
IP Licensing Opportunities  ....................  33 
Paragraph 8 of the Ministerial Decision on 
the TRIPS Agreement adopted on 17 June 
2022 ................................ ..............  19 
Venezuela, Bolivarian Republic of  
Observer Status for International 
Intergovernmental Organizations  ....... 44 
World Intellectual Property Organization  
IP Licensing Opportuni ties ....................  42 
Technical Cooperation and Capacity Building
 ................................ ......................  16 
WTO Secretariat  
20th Annual review under Para 2 of the 
Decision on the  ................................  45 
Information on Relevant Developments 
elsewhere in the WTO  .......................  43 
Notifications  ................................ .........  4 
 
* A record of statements as delivered in the formal session of the Council. Some statements have been lightly 
edited as appropriate to ensure the consistency of presentation.  
  IP/C/M/105/Add.1  
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
1.1  WTO Secretariat  
1.  The Council has received the following notifications from Members since its meeting in 
March  2022:  
Under Article 63.2  
2.  Brazil has notified two amendments to its Copyright Act that relate to the  collective management 
of copyright, and to the mentioning of voice actors in the credits of audio -visual works.  
3.  Japan has notified consolidated versions of its Trademark Act, its Design Act and its Patent Act.  
4.  Montenegro has notified amendments to its Law  on copyright and related rights, to its Patents 
Law, and to its Law on the protection of Trade Secrets.  
5.  Croatia has notified a consolidated version of its Copyright and Related Rights Act.  
6.  Ukraine has notified amendments to its law on collective managemen t of copyright and related 
rights to ensure collection of rights revenues by collective management organizations.  
7.  Guatemala has notified amendments to its Regulations under the Law on Copyright and Related 
Rights to include the definitions derived from the  Marrakesh Treaty to Facilitate Access to Published 
Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.  
8.  Bahrain has notified a law concerning the protection of New Plant Varieties.  
9.  The Republic of Moldova has notified a law on t he protection of geographical indications, 
appellations of origin and traditional specialities, a government decision amending Regulations on 
the filing and examination of patent applications and the issuance of patents, further laws amending 
and supplemen ting certain legislative acts.  
10.  Trinidad and Tobago has notified the Trade Mark Regulations, and Regulations relating to the 
Border Enforcement Measures on Trade Marks from 2020.  
Under Article 69  
11.  Cote d 'Ivoire has notified a contact point for IP enforcement  under Article 69.  
12.  This concludes the overview of notifications received since our meeting in March.  
1.2  Brazil  
13.  Thank you, Chair, for giving me the opportunity to introduce Brazil 's notifications IP/N/1/BRA/8  
and IP/N/1/BRA/9 . Both notifications refer to amendme nts to Brazil 's main copyright law (Law 
N°9,610 of 19 February 1998).  
14.  The notification IP/N/1/BRA/8  refers to the Law 12,091 of 11 November 2009. The legal text 
amends Article 81 of Brazil 's main copyright law to include the name of voice actors in the credits of 
audiovisual works, so th at the producer must mention their names in every copy of such works.  
15.  The notification IP/N/1/BRA/9  refers to the Law 12,853 of 14 August 2013. The legal text 
amends several articles of Brazil 's main copyright law in aspects related to the collective 
management of copyright and other mea sures.  
1.3  European Union  
16.  I would like to say a few words about the Croatian notification in document IP/N/1/HRV/47 . The 
new Croatian Copyright Law has been revised and adjusted to the technological development and 
digital environment. The A ct sets down rules for digital and cross border uses of copyright protected IP/C/M/105/Add.1  
 
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  works and subject matter, adapts exceptions and limitations to copyright and related rights and 
provides for measures to facilitate certain licensing practices and wider access to content. Thus, the 
Act transposes provisions from EU Directives 790/2019 and 789/2019.  
17.  Apart from the compliance with this EU -level reform, further a dditions and improvements are 
made in the following areas: copyright protected work created in the course of employment, creation 
of copyright protected work on commission, creation and use of copyright protected work in specific 
areas, wider regulation of  press publishers ' right, more specific rules for rights that are managed in 
a collective manner and clarification of rules applicable to adapted works.  
1.4  Bahrain, Kingdom of  
18.  The Kingdom of Bahrain would like to intr oduce its  notification cont ained in 
document  IP/N/1/BHR/5 . The Kingdom of Bahra in, in its efforts to establish the legal ground to join 
the International Union for the Protection of New Varieties of Plants , issued Law N°31/2021 for the 
protection of new variety of plants. This law comes in line with most of the treaty articles and 
guidelines. The legal text provides the general framework, leaving other specific practices and 
applications to the technical regulations at ministerial orders that are in the process of being issued 
to implement Law 31 of the year 2021. Once the legal frame work is entirely completed, the 
Government of the Kingdom of Bahrain will take necessary actions to join the Union. In general, the 
Law provides four elements  related to national treatment , conditions  of protection duration, 
exceptions in mandatory licensi ng, plant  growing rights , species names or verification of rights  and 
precautionary measures and penalties.  
1.5  Republic of Moldova  
19.  I would like to thank the WTO Secretariat for circulating the recently updated notifi cations as 
well as for assisting us in drafting these notifications under Article 63.2 of the TRIPS Agreement. 
This update contains all IP and TRIPS relevant changes in the Moldovan legislation between 2018 
and 2022. For the sake of brevity, I will not pre sent the notified modifications in a comprehensive 
manner. However, short descriptions are available on the notified document, however, we would 
like to point out two notifications which deserve attention.  
20.  The first one is related to document IP/N/1/MDA/12 . This relates to the Government decision 
406 from 2017 which operates modifications to the Regulations on the procedure of filing and 
examination of patent applications and grants of the patents approved by the Government Decision 
N° 528 and this brings the regulations in  line with the latest amendments to Law N°.50 from 2008. 
The amendments refer mainly to the rules applied within the procedure of examination and validation 
of European patent applications. There are also improvements to the general rules of filing and 
examinat ion of patent applications, including the opposition and appeal procedures.  
21.  Another notification which deserves our attention is document IP/N/1/MDA/13 . These 
amendments  are mainly related to the modifications of the courts ' competencies .  Previously the 
litigations had to be challenge d within the court from the capitol of Moldova in Chisinau . However 
due to the recent modifications these litigations can be challenged in any court from Moldova 's 
districts. The rest of the notifications represent the consolidated laws on G Is and patents.  
22.  In conclusion, my delegation would like to take this opportunity to thank the WTO Secretariat, 
particularly Ms Natalie Carlson and Ms Sandra  Smith , Josefita  Pardo de Leon  and Francisco Fernandez 
for their much -appreciated assistance in the process of up -dating our notification through the 
e- TRIPS Submission System. While this required some adjustments from our delegation in the 
approach of submitting a TRIPS notification, we find it very valuable . Indeed , it is very efficient and 
easy to use , and we would  like to thank once again the Secretariat for their assistance provided.  
1.6  Trinidad and Tobago  
23.  The delegation of Trinidad and Tobago would like to  introduce these two notifications  which 
represent some of the enablin g regulations of the new trademark legislation in effect in Trinidad and 
Tobago.  IP/C/M/105/Add.1  
 
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  24.  The Trade marks Act N ° 8 of 2015 and concomitant Regulations were proclaimed by Her 
Excellency, the President of the Republic of Trinidad and Tobago on 25 June 2020. This procl amation 
comes after Trinidad and Tobago 's accession to the Singapore Treaty on the Law of Trade marks 
which brings harmonization of administrative trademark registration procedures, especially in the 
field of communication technologies. The Act and its Regulations, which are wholly in line with the 
Singapore Treaty, establish the Electronic Online System (EOS) for the Trinidad and Tobago 
Intellectual Property Office in the Office of the Attorney General and Ministry of Legal Affairs (TTIPO).  
25.  Prior to thi s, Trinidad and Tobago operated its TRIP S-compliant trademark system under the 
Trade mark Act, Chap. 82:81, which itself was based on 1955 legislation that was progressively 
amended to comply with the TRIP S Agreement, to incorporate subsequent amendments an d to give 
effect to various trademark treaties and conventions.  
26.  A decision was made to start with a clean slate and repeal and replace the Trade mark Act, Chap. 
82:81 with newer legislation that would incorporate the Singapore Treaty on the Law of Trade marks. 
This would usher in electronic filing and also allow non -traditional marks for sounds, scents, texture 
and taste. It would also allow accession to the Madrid Agreement Concerning the International 
Registration of Marks. This was a more effective approac h than trying to amend older legislation in 
this instance.  
27.  The Trade marks Regulations , 2020, enable the provisions of the Act. The Trade marks (Border 
Enforcement Measures) Regulations, 2020 , specifically provide guidance to enhance the trademark 
enforcemen t initiatives of the Customs and Excise Division in keeping with the new types of marks 
that can now be registered.  
28.  Subsequent regulations regarding international trademarks arising under the Madrid Protocol 
will be introduced at a later session.  
29.  These for m part of a number of amendments being considered to other pieces of IP legislation 
to support the burgeoning IP ecosystem in Trinidad and Tobago.  
1.7  Japan  
30.  This delegation is pleased to inform the Council that Japan recently amende d its Patent Act, 
Design Act, and Trademark Act. The amendments have been notified to this Council in accordance 
with Article 63.2. The reference numbers are document s IP/N/1/JPN/62 , IP/N/1/JPN/ 63 and 
IP/N/1/JPN/ 64. Taking this opportunity , we would like to briefly explain some major points about 
the amendment s. 
31.  The revised Patent Act introduce d a new system which allows courts to broadly call for opinions 
from third parties in litigation involving patent right infringement. The revised Design Act and the 
revised Trademark Act, as part of the efforts for addressing an increasing number of import ed 
counterfeit products for private use, recognize the sending of counterfeit products to Japan via postal 
mail and other means by overseas businesses as infringement of trademark or design rights, at the 
time when those products enter the territory of Jap an. 
32.  The revision also includes other amendments, such as review of the structures of patent and 
other fees, and relaxation of the conditions on which right holders are allowed to restore their patent 
and other rights which have been forfeited due to the ex piration of the time  frame for required 
procedures.  
33.  The Government of Japan will continuously fulfil its obligation to ensure the accessibility and 
the transparency of the Japanese intellectual property system.  
1.8  Montenegro  
34.  Montenegro welcomes the opportunity to briefly present the key points of the legislation that 
entered into force on 8 January  2022, which is the subject of notifications under Article 63.2 of the 
TRIPS Agreement. As already indicated by the Secretariat, these are the Law on Amendments to the 
Law on Copyright and Related Rights, the Law on Amendments to the Law on Patents and the Law 
on the Protection of Trade Secret.  IP/C/M/105/Add.1  
 
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  35.  The first notification under document  IP/N/1/MNE/8  relates to the Law on  Amendments to the 
Law on Copyright and Related Rights, which regulates in detail the issue of collective management 
of copyright and related rights as to the authors and other holders of related rights, as well as 
obligations and powers of organizations f or collective management of copyrights and users of those 
rights. The Law further prescribes the obligations of the collective management organizations in 
relation to the distribution of amounts due to rightsholders and management fees and other 
deductions  from the rights revenue, as well as in the procedure for issuing authorization for the use 
of the copyrighted works.  
36.  The most important novelties introduced by the Law relate to the significantly increased 
transparency of the work of collective management  organizations, a more detailed procedure for 
supervising the work of collective management organizations by the competent authority, increased 
inspection supervision over unauthorized use of copyrighted works and protection matter, as well as 
stricter mis demeano ur policy. In addition, the tariff determination procedure is improved.  
37.  As for the notification under document  IP/N/1/MNE/9 , it refers to the Law on Amendments to 
the Law on Patents, which has followed Montenegro 's recent ratification of European Patent 
Convention. The amendments to the Law prescribe provisions for the effective implementation of 
the European Patent Convention in the national legislative framework. Specifically, these are 
provisions related to the impact of European patent applications and European patents in 
Monte negro, filing of a European patent application, conversion of a European patent application 
into a national patent application, revocation of the European patent and protection against 
infringement.  
38.  It is also prescribed that, as of the entry into force of  the European Patent Convention in 
Montenegro, the European Patent Office will be the Receiving Office for the International Applications 
filed in accordance with the Patent Cooperation Treaty, instead of the Montenegrin National Office 
or the Internationa l Bureau of the WIPO. And the third notification under document  IP/N/1/MNE/10  
refers to the Law on Protection of Trade Secret.  
39.  This Law regulates the civil protection of trade secrets against their unlawful acquisition, use 
and disclosure. It also prescribes a definition of trade secre t, as well as when the acquisition, use or 
disclosure of a trade secret shall be considered lawful or unlawful. It further prescribes provisional 
measures that the competent court may order against the alleged infringer, as well as measures 
resulting from a decision on the merits of the case.  
1.9  Ukraine  
40.  Ukraine would like to present its notification and to inform the WTO Members about the adoption 
of the law amending national legislation governing collective management system.  
41.  The Law aims at ensuring the collection of royalty by collective management organizations 
(hereinafter – CMOs) with respect to public performance and broadcasting of musical non -dramatic 
works under extended collective management. The law entered into force o n the 13 of February 
2022.  
42.  It provides for the possibility of voluntary collective management in these areas by registered 
CMOs within their catalogue until the tariffs are agreed upon by new accredited organizations 
according to the procedure of negotiati ons with the relevant users ' associations. The law provides 
for the formation of a new personal composition of accreditation committee, sets timelines for it and 
for a selection process of new accredited CMOs in the mentioned areas.  
43.  Given this opportunity,  we would also like to inform you that on the 1 of April 2022 Ukraine 
adopted the Law n° 2174-IX with the purpose of protecting intellectual property interests of 
stakeholders during the martial law regime, imposed due to the military aggression of the Russian 
Federation  against Ukraine.  
44.  This law entered into force on the 13 of April 2022 and its provisions are aimed at maintaining 
the validity, use period and enforcement of intellectual property rights during and after the state of 
war. To fulfil our trans parency obligation , we submitted appropriate notification to the e-TRIPS IP/C/M/105/Add.1  
 
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  Submission System yesterday so that you will have an opportunity to familiarize yourself with the 
text of the Law.  
45.  To conclude, we would like to reassure the WTO Members that Ukraine is doing its best to 
ensure efficient protection and enforcement of intellectual property rights, despite the brutal war 
launched by the Russia n Federation . 
1.10  Guatemala  
46.  Pursuant to the provisions of the TRIPS Agreement, we would like to inform you that, in April, 
we notified Government Decision No. 52 -2022 through the e -TRIPS system. This Decision contains 
the amendments to the Regulations implementing the Law on Copyrigh t and Related Rights 
(Government Decision No. 233 -2003). This notification can be found in document IP/N/1/GTM/2 . 
47.  The amendments to the Regulations implementing the Law on Copyright and Related Rights are 
the product of the ratification of the Marrakesh Treaty  to facilitate access to pub lish works for persons 
who are blind, visually impaired or otherwise print -disabled . Government Decision No. 52 -2022 
incorporates, for supplementary purposes, the definitions established in the Marrakesh Treaty into 
the Regulations implementing the Law on Copyright and Related Rights, in addition to all the 
provisions on the duties and powers of entities authorized under the Treaty to manage and use 
works and to ensure the enforcement of the rights attached to them.  
48.  We wish to conclude by thanking the Secre tariat for the support provided on the use of the 
e- TRIPS system and appreciate its ease and efficiency.  
2  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  
49.  No statements were made under this agenda item.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
3.1  South Africa  
50.  South Africa would like to reiterate its support for this item to remain on the agenda of the 
TRIPS Council and thanks the Secretariat for its ongoing work to update the membership  of relevant 
measures . The overall theme that emerged from the experiences shared has been the inadequacy 
of existing flexibilities to deal with the pandemic.  
51.  The WTO Ministerial Decision on the TRIPS Agreement offers a supplementary policy option that 
Members can use to facil itate access to COVID -19 vaccines. Going forward, it will be important to 
add the experiences of Members in implementing the Ministerial Decision. This will enable the 
accumulation of best practice that Members can draw from.  
52.  We would once again like to ap preciate the Secretariat working paper entitled " Innovation and 
the Patenting Activities of COVID -19 Vaccines in WTO Members – Analytical Review of Medicines 
Patent Pool COVID -19 Vaccines Landscape (VAXPAL) ". We look forward to the presentation that will 
take place on Friday , 8 July 2022 . Officials from our national IP office, the Companies and Intellectual 
Property Commission (CIPC) will participate. We believe that presentations of this sort as well as the 
World Intellectual Property Organization 's (WIPO)  presentation on the Patent Landscape Report 
which took place earlier this year, can assist Members to better understand the patent landscape 
related to COVID -19 health products and take appropriate, evidence -based measures.  
3.2  China  
53.  China would like to thank Members for sharing their measures responding to the pandemic. The 
open and transparent sharing of such measures would help Members learn from each other and 
better respond to the pandemic. In previous meetings, China has notified relevant measures, among 
which is the green channel for patent applications related to prevention and treatment of COVID - 19. 
We would  like to share some updated information on this measure. As of June 2022, there have 
been 2600 patent applications granted priority review through t he green channel, which have IP/C/M/105/Add.1  
 
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  successfully facilitated the industrialization of relevant patents related to the prevention, diagnostics 
and therapeutics of COVID -19. 
3.3  Sri Lanka  
54.  Sri Lanka welcomes the Ministerial Declaration on the WTO response to the COVID -19 pandemic 
and preparedness for future pandemics contain ed in document WT/MIN(22)/31 , adopted on 
17 June 2022, which provides a mandate for WTO Members to frame effective solutions in case of 
future pandemics to address an array of challenges, including intellectual property measures in the 
context of C OVID -19 pandemic, in an expeditious manner, as such new solutions may go beyond 
the existin g flexibilities provided for in the present  Agreement.  
55.  Sri Lanka believes that this Ministerial Declaration re -affirm s the need for a solution on IP that 
would address the difficulties faced by developing countries in accessing TRIPS flexibilities and 
relevant provisions contain ed therein, so that they could be applied automatically during future 
pandemics, health emergencies and other crises.  
3.4  Pakistan  
56.  Pakistan would like to thank the Secretariat for t he compilation of the IP measures in the context 
of COVID -19. The fact that many Members have resorted to various measures highlights the need 
for effective solutions to IP -related challenges in the context of C OVID -19, but also in the context of 
our prepa redness for future pandemics. What is also noteworthy from such  compilations  is the 
obvious inadequacy of the existing flexibilities within the TRIPS Agreement to cater for health 
emergencies of the type we have witnessed during the ongoing pandemic, and t hat lasting solutions 
need to be found.  
57.  In this regard, we also take this opportunity to welcome both outcomes from MC12 in the TRIPS 
Decision  and the Pandemic response document. In both these documents, Ministers have clearly 
highlighted the need for addr essing IP related challenges for ramping up production and providing 
equitable access to all COVID -19 products including therapeutics and diagnostics, for the current 
and future pandemics.  
58.  We aim to and look forward to continue our constructive work to ful fil the ministerial mandates 
in this regard, and also support this item to remain on the agenda to allow us to be guided by the 
measures taken by Members.  
3.5  United States of America  
59.  The previous interventions of the United States of America on the item concerning IP measures 
in the Context of COVID -19 stand.  As stated previously, intellectual property plays an incentivizing 
role in the development of new technologies to combat this deadly  pandemic and in supporting 
economic recovery.  
60.  In past meetings, the United States highlighted the US Patent and Trademark Office COVID -19 
pilot program which prioritizes examination of certain patent applications claiming a product or 
process subject to a n applicable FDA approval for COVID -19 use, and a companion Fast -Track Pilot 
Program for Appeals Related to COVID -19. 
61.  As of 21 June 2022, 961 applications have requested prioritized examination status in the 
USPTO 's COVID -19 Prioritized Examination Pilot P rogram, 623 of which have thus far been granted.  
The pilot program was originally set to expire after the USPTO accepted 500 applications into the 
program, but this application limit has been removed. The pilot will include all qualifying patent 
applicatio ns received by midnight eastern time on 30 June 2022.  
62.  Also, as mentioned previously, in 2021 the USPTO launched a category of its Patents for 
Humanity Program for inventions that address the COVID -19 pandemic. The winners will be 
announced for this program by fall 2022. The United States Copyright Office also made adjustments 
in response to the pandemic.  To assist creators affected by the pandemic, the Copyright Office 
temporarily adjusted statutory deadlines for copyright owners under the 2 020 Coronavirus Aid, 
Relief, and Economic Security Act (the CARES Act). The CARES Act authorized the Register of IP/C/M/105/Add.1  
 
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  Copyrights to temporarily adjust statutory deadlines for copyright owners and other affected parties 
if she determined that a national emergenc y declared by the president was generally disrupting the 
normal operation of the copyright system.  
63.  Several adjustments were made. For example, adjustments allowed affected copyright owners 
to receive additional time to register a work in order to be eligib le for certain remedies in 
infringement actions, provided additional time for submitting documentation for certain statutory 
licenses and termination notices, and authorized 'secure tests ', which are handled under special 
registration rules, to include tes ts normally administered at specified cent res but temporarily 
administered remotely.  
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 FOL KLORE  
6.1  India  
64.  Around 80 % of the world 's population uses traditional medicines such as herbal medicines, 
yoga, acupuncture etc. Traditional medicine has been an integral resource for health for centuries 
in communities around the world and it is still a mainstay for some with inequities in access to 
conventional medicine. The sociocultural practice and biodiversity heritages of traditional medicine 
are invaluable resources to evolve inclusive, diverse sustainable develop ment. Studies estimate the 
world herbal trade to stand around US D 120 billion and is expected to reach USD seven trillion by 
2050. Over 40% of pharmaceutical formulations are based on natural products and originating from 
traditional medicine. The contribu tion of traditional medicine to health systems is yet to be 
completely realised. The establishment of WHO 's Global Centre for Traditional Medicine in India in 
April 2022, with estimated USD 250 million committed by the government of India reflects the 
comm itment and the vision to harness the latent potential of traditional medicine systems to be a 
catalyst in promoting global health along with sustainable development. These facts and 
developments attest to the importance of the linkage between TRIPS Agreeme nt and Convention on 
Biodiversity (CBD).  
65.  As an ancient civilisation India has preserved a rich body of traditional knowledge associated 
with biological resources. This traditional knowledge is both coded, as in the texts of Indian systems 
of medicine such as Ayurveda, Unani and Siddha; and non -coded, which exists in the oral 
undocumented traditions. The difficulties  faced by countries like India, therefore, lies in the 
misappropriation of this knowledge. Thus, India reiterates the long -standing demand of an  
international enforceable regime to contain misappropriation. Patents should not be granted for 
existing traditional knowledge and associated genetic resources. Further where traditional 
knowledge and associated genetic resources form the basis of scienti fic development, it is important 
to have disclosure of source or origin of the resource/knowledge along with disclosure that the access 
was on mutually agreed terms. This will also strengthen and add to the Members ' commitment to 
transparency, since transp arency obligations cannot merely be limited to notification obligations.  
66.  Article 16.5 of the Convention on Biological Diversity clearly recognizes "that patents and other 
intellectual property rights may have an influence on the implementation of this Conv ention ". It 
mandates that the parties "shall cooperate in this regard, subject to national legislation and 
international law, in order to ensure that such rights are supportive of and do not run counter to its 
objectives ". Furthermore, the Doha Ministerial  Declaration in paragraph 19 has mandated that the 
TRIPS Council examine the relationship between TRIPS and the CBD, and the protection of traditional 
knowledge and folklore. However, the TRIPS Agreement continues to ignore numerous IPR -related 
obligations  in the CBD which are of interest to the developing countries.  
67.  Despite several submissions like the disclosure proposal ( document IP/C/W/474)  submitted in 
2006, document TN/C/W/52  submitted in June 2008 with th e support of 109 Members followed by 
the last submission on this issue document TN/C/W/59  in April 2011, which is a draft decision to 
enhance mutual supportiveness between  the TRIPS Agreement and the CBD proposed by a vast 
majority of WTO membership , it is regrettable that for the past many ye ars we have not made any IP/C/M/105/Add.1  
 
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  progress. Some Members have argued that TRIPS Council is not an appropriate forum for these 
discussions. Developing countries argued in the late eighties that TRIPS did not belong to GATT as 
WIPO existed as a functional organizatio n to deal with IP issues, the developed countries refused to 
accept that argument  at that time . Now, when we seek that the TRIPS Agreement be amended to 
address the concerns of biopiracy, we are being shown the door to WIPO, where the IGC process 
has not b een able to make much headway since years. Given the enforceability of the TRIPS 
Agreement and the fact that much of the misappropriation is a consequence of trade, there is a need 
and mandate to build the linkage between the TRIPS Agreement and the CBD un der the aegis of this 
Council.  
68.  Therefore, considering the mandate from the Doha Ministerial Declaration and the 2030 
Sustainable Development Goals, targets 2.5 and 15.6 to which we are all committed, that specifically 
call for promoting access to and fair and equitable sharing of benefits arising from the utilization of 
genetic resources and associated traditional knowledge, it is our responsibility to take these 
discussions forward towards an outcome. India is of the view that a formal briefing by the CBD 
Secretariat on the latest developments of the Nagoya Protocol will be useful for Members. We also 
support updating the three factual briefs by the Secretariat on these issues. India remains committed 
to continue our efforts in building momentum on these im portant issues.  
6.2  Tanzania on behalf of the African Group  
69.  I would like to start by congratulating you Chair for your leadership, Dr Ngozi Okonjo -Iweala , 
Director -General  of the WTO  and the entire membership  for the adoption of a Ministerial Decision 
on TRIPS during the MC12.  
70.  Reverting to agenda items 4, 5, and 6 , the African Group has a long -standing position which is 
well known to the Council of which I will not go through . I will direct myself only issue of the 
CBD Secretariat.  
71.   The African Group has been urging Members to allow the CBD Secretariat  to be invited  to share 
their experience in the TRIPS Council. Our call is in line with Article V of the Marrakesh Agreement 
which directs WTO Members to effectively cooperate with other  international organizations on 
matters related to the WTO. The African Group has been mindful of the critical importance for WTO 
bodies to cooperate with other relevant international organizations and we have exercised due 
restraint from objecting such ar rangements in the past  in other bodies . Therefore, we would like to 
once again urge other Members to exercise a similar approach on the CBD Secretariat  to be invited 
and share their experience in this body . 
6.3  Bangladesh  
72.  On agenda items 4, 5 and 6, the position of Bangladesh has not changed. In this regard, to 
avoid repetition, I refer to my delegation 's statement delivered during the previous TRIPS Council 
meetings. Bangladesh supports discussion s towards a progress on these issues and stands ready to 
engage constructively with Members.  
6.4  Brazil  
73.  Brazil 's positions regarding the three agenda items under consideration are well documented 
and remain unchanged t o date. We remain convinced of the need to amend the TRIPS Agreement 
so to provide for a mandatory disclosure requirement of the origin of genetic resources and 
associated traditional knowledge in patent applications.  
74.  Brazil 's position on this issue is wit hout prejudice to any outcome on negotiations that are 
underway at W IPO's Intergovernmental Committee on IP, Genetic Resources, Traditional Knowledge 
and Folklore (IGC).  
6.5  South Africa  
75.  We will also be brief. We align ourselves with the intervention made by Tanzania on behalf of 
the African Group and fully suppor t those made by the other distinguish delegations that have just 
been made. We would like to recall our previous statements on t hese items. As indicated previously, IP/C/M/105/Add.1  
 
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  in this discussion we often lose the relative importance of the individual components making up the 
'Triplets '. The Doha Ministerial Declaration made a clear instruction , and we remain fully convinced 
that biopiracy rem ains a pervasive problem and the absence of a multilateral solution, as applicable 
under the TRIPS Agreement, national disclosure requirements will remain inadequate. Discussions 
in this forum and those under the auspices of the WIPO IGC are complimentary and not mutually 
exclusive. In line with our previous statements, we reiterate the call for the CBD Secretariat to brief 
the TRIPS Council . Finally, we wish to raise once more the issue of the update of the three technical 
notes . 
6.6  Indonesia  
76.  We would like to recall previous information provided on agenda item s 4, 5, and 6 of which our 
position remains unchanged. In this regard, our delegation stresses the importance of the 
negotiation on the relationship between the  TRIPS Agreement and the CBD as well as the need to 
protect traditional knowledge and folklore.  
77.  Indonesia also believes that it is paramount for the Council to give adequate attention to address 
this issue, including through the update of the long overdue Secretariat summary note and inviting 
the CBD Secretariat to brief the Council on the Nagoya Protocol and its update. Indonesia stands 
ready to engage constructively with Members on these matters.  
6.7  Sri Lanka  
78.  These  three issues are currently being discussed in detail at WIPO Intergovernmental 
Committee (IGC) meetings as well. The Sri Lanka delegation would like support to keep these issues 
on the agenda considering the substantial importance of these three issues fo r developing countries, 
and we support the continuation of discussion of these important issues.  
79.  Furthermore, a disclosure requirement proposal contains in document TN/C/W/59 , which has 
been submitted by number of developing countries in 2011 is the latest standing proposal and 
therefore it  should be reflected in the state of play on the annotated agenda as this proposal 
incorporates elements from the Convention on Biological Diversity and the Nagoya Protocol.  
6.8  Egypt  
80.  I would like to associate my delegat ion with the statements made by previous speakers 
especially the statement made by Tanzania on behalf of the African Group. Our position on the issue 
under consideration is well -known,  and it does not need to be re -stated . However , we wish on this 
occasion to express our concern over the impass e that c haracterizes the triplets. The review of the 
provisions of Article 27.3 (b) has been a long -standing item on the agenda of this Council, however, 
still without any substantial progress . Based on the standards of morality and ethics we cannot 
support pa tentability of life forms for trade and trade -related gain , and these should not be subject 
to patent protection . The same thing it is important to maintain the flexibility on the forms of a sui 
generis  regime developed for the protection of plant varieties based on individual country sy stems 
and requirements . This will contribute towards improving food security situations of indigenous 
people by ensuring that their inventions are protected and access to seeds is guaranteed.  
81.  The protection of biological resources, traditional knowledge and folklore is an important 
development issue for Egypt . We consider that protection of biological resources, traditional 
knowledge and folklore is critical f or the implementation of the TRIPS Agreement. Biodiversity is a 
core issue and an important source of livelihood for the majority of populations living in most of our 
countries . We still maintain our position that disclosure in the patent application of co untry of origin 
of the genetic resource and the associated traditional knowledge used in the invention is the only 
effective way to move forward to ensure proper sharing of benefits arriving from their utilisation.  
82.  We support the call for inserting a manda tory requirement in the TRIP S Agreement for a patent 
applicant to provide information concerning prior informed consent and fair and equitable access 
and benefit -sharing . The TRIPS Agreement should not overlook the sovereign rights of nations over 
their biological resources, nor should it deprive those nations of enjoying their economic a dvantages.  IP/C/M/105/Add.1  
 
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  6.9  Peru  
83.  Peru wishes to reiterate its su pport for the idea that TRIPS should work in concert with the CBD 
to share advanc es made with the Nagoya Protocol and to inform the Members with the view inter 
alia to being able to apply these instruments in such a way that they are mutually supportive of  each 
other. Also, Peru appreciates the updates by the Secretariat and being able to count on information 
made available by Members in these discussions. Lastly, we agree that the work being done in WIPO 
IGC should help facilitate discussion in this forum.  
6.10  United States of America  
84.  I will be brief as our positions are well  known and recall our previous statements. Regarding 
genetic resources, traditional knowledge and folklore we continue to believe that WIPO serves as 
the best forum to a ddress these issues. With respect to the various requests made today , the 
United  States is not in a position to support these requests but remains open to discussion s including 
bilateral ly with delegations in  between and at the margins of TRIPS Council meetings.  
6.11  Canada  
85.  Canada 's position is well -known, and we would refer to our previous interventions on agenda 
items 4, 5, and 6. With respect to procedural matters, as previously noted and without prejudice to 
our position on substantive matters, Canada could support a procedural briefing from the 
CBD Secretariat to the TRIPS Council. Canada could also support the compilation of the three factual 
notes on TRIPS and the C BD, and remains of the view that this would remain an information collating 
exercise.  
6.12  China  
86.  We align ourselves with other developing Members that made statement s before. Our position 
remains the same. Briefly, we supported to invite the CBD Secretariat to brief on the Nagoya Protocol 
and its progress. We hope the Secretariat could renew the three factual notes.  
6.13  Japan  
87.  Japan's position remains unchanged. Regarding the proposal to introduce the disclosure 
requirement in the IP system, there is concern that the introduction of such a requirement would 
discourage industries from conducting research and development activities on biological materials.  
88.  The delegation of Japan believes th e WIPO IGC is the most appropriate forum for holding 
technical discussions on genetic resources, traditional knowledge and  folklore from IP aspects. We 
remain willing to contribute to evidence -based discussions on these issues in a constructive and 
effecti ve manner.  
6.14  Chile  
89.  Our country 's position is well known by the Membership . However , we nev erthe less wish to 
reiterate the importance of the flexibilities contained in the TRIPS Agreement as element s of further 
development. In this context we think that the flexibilities contemplated in the Agreement enable 
each Member with its intellectual property system and in the light of its ethical criteria and public 
health notions should be taken on board. Con sequently, for Chile it is important that these flexibilities 
be preserved,  and that each Member should be able to reconsider its intellectual property model in 
the light of  social, cultural and econ omic changes particular to it. In connection to the relat ion 
between the CBD and the TRIPS Agreement , our delegation , like others , considers that the 
TRIPS  Agreement and the CBD are complementary instruments. Consequently , we believe that there 
is no need to create amendments to the Agreement to esta blish consistency between the two 
agreements. Finally, we should  like to support the proposal that the CBD Secretariat make informal 
presentation in this Council. We believe that a factual presentation can enlighten  Members on the 
subject and feed into a dialo gue.  IP/C/M/105/Add.1  
 
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  7  NON-VIOLATION AND SITUATION COMPLAINTS  
7.1  Tanzania,  on behalf of the African Group  
90.  The African Group does not have new ideas on this, but I would like also to make k nown the 
long-standing position of the Group. First let me begin by welcoming Ministers ' adoption of the 
Decision on Non-Violation and Situation complaints as agreed by the General Council on 
10 December  2021. The African Group has  seen that due to the nat ure of the TRIPS Agreement it 
will be difficul t to recommend to Ministers the scope and modalities of application of subparagraphs 
1(b) and 1(c) of Article XXIII of GATT 1994 in WTO Dispute Settlement Mechanism. It is also in our 
understanding that the exp iry of moratorium will not trigger an automatic application. Nevertheless, 
the African Group remains committed to work with other Members in the direction of continuing with 
the examination of 'scope and modalities ' should they envisage the feasibility to do so.  
7.2  India  
91.  We welcome the Decision arrived at  MC12  contained in document  WT/MIN(22)/26  to extend 
the moratorium on NVSCs until MC13. India's position on the issue of non -violation complaint s under 
the TRIPS Agreement remains unchanged. India looks forward to working with like -minded Members 
in making non -violation complaints inapplicable to TRIPS . 
7.3  Bangladesh  
92.  Bangladesh is in favo ur of establishing a permanent moratorium on this issue.  As an interim 
arrangement, Bangladesh welcomes the MC12 endorsement of the G eneral Council  decision for an 
extension of the NVSC moratorium until the 13th Ministerial Conference. Bangladesh is also ready to 
constructively engage on this issue further.  
7.4  Brazil  
93.  As we initiate a new cycle of consultations on the issue of non -violation and situation complaints 
applied to the TRIPS Agreement, my delegation would like to reiterate its openness to assessing 
proposals on the scope and modalities of NVSCs, as mandated by Article 64 of the TRIPS  Agreement. 
We are ready to assess any contributions Members might have that could lead to an agreed and 
permanent solution on this file.  
7.5  Indonesia  
94.  Indonesia welcomes the adoption of the Ministerial Decision in June 2022 to extend the 
moratorium until the upcoming MC13 in December 2023. While Indonesia 's position remains 
unchanged, we would like to reiterate our concerns on the negative impacts that non -violation 
complaints in TRIPS can have on the regulatory policy space of Members and on TRIPS flexibilities. 
With that being said, we should intensify discu ssions on this issue and come up with a way forward 
and a solution for this long -delayed issue. Rest assured, Indonesia is committed to engage 
constructively in the discussion of this matter.  
7.6  Sri Lanka  
95.  Sri Lanka welcomes the Ministerial Decision adopted on 17 June 2022 contain ed in 
document  WT/MIN(22)/26 , in which Members agreed to extend the moratorium stipulated under 
Article  64.2 of the TRIPS Agreement, and that Members would refrain from bringing any unintended 
violations of provisions, including in us ing compulsory licenses of the TRIPS agreement, by a 
Member, to the WTO dispute settlement system. Accordingly, Sri Lanka welcomes the extension of 
the moratorium and the decision to instruct the Council to continue its examinati on of scope and 
modalities, and to make appropriate recommendations to the 13th Ministerial Conference.  
7.7  Argentina  
96.  We welcome the Ministerial Decision adopted last June as part of the Ministerial Conference 
which allows the TRIPS Council to continue reviewing this issue. Nevertheless, Argentina's position IP/C/M/105/Add.1  
 
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  has not changed. We are co -sponsor of document IP/C/W/385  and we therefore request th at our 
prior statements also be reflected in the minutes.1 
7.8  Chile  
97.  Chile again welcomes the Ministerial Decision to extend the existing moratorium for this type of 
matters. Indeed, this extension  reflect s the fact that this topic has not generated consensus  in the 
past revealing the need to continue dialogue and seek consensus -based responses on this matter 
bearing in mind all potential repercussions , including  the link between the moratorium and other 
issues in this house. Chile, like other delegations, believes that this type of complaint should not 
apply at multilateral level within the TRIPS Agreement bearing in mind the lack of legal certainty  
that it generates for users and  creators of an  innovation ecosystem.  
7.9  China  
98.  China welcomes the Ministerial Decision on the extension of the NVSCs  moratorium to  the 13th 
Ministerial Conference . Our position on this issue remains the same. We would like to see Members  
come to agree that NVSCs are not applicable under the TRIPS Agreement . There have been 
insufficient cases of non - violation and situation complaints under GATT and the WTO to serve as 
guidance on modalities and scope of such complaints. Given such circumstances, we believe that to 
apply NVSCs under the TRIPS Agreement would bring uncertainty to the application of the 
Agreement and break the balance of interests among Members under the Agreement. China would 
like to continue to take part in th is discussion.  
7.10  South Africa  
99.  We align with the statement made by Tanz ania on behalf of the African Group. South Africa 
takes the floor only to indicate that our position on this matter remains unchanged. We will submit 
our full statement for the minutes.  
100.  South Africa subsequently submitted the following statement: It is a matter of course that 
proponents of the application of NVCs under the TRIPS Agreement have not provided concrete 
examples of the kind of scenarios under which an otherwise TRIPS -consistent measure would impair 
or nullify benefits beyond those arising from the obligations set out in the Agreement. As suggested 
previously, in order to advance discussions on this matter, delegations could be invited to identify 
areas or elements of agreement which could be collated by the Secretariat. This can build on previou s 
discussions on what NVCs should not be applicable to. This would narrow the issues to those areas 
in which we still need to engage to ensure focussed discussions going forward.  
101.  Finally Chair, South Africa would like to reiterate its view that the traditi onal linkage between 
the moratorium on NVCs and the e-commerce moratorium cannot hold. The linkage is artificial and 
no longer sustainable.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
102.  No statements were made under this agenda ite m. 
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
103.  No statements were made under this agenda item.  
 
1 Argentina's previous statements under this agenda item are contained in the minutes of the TRIPS 
Council meetings. Its statements since 2019 are contained in documents IP/C/M/103/Add.1; 
IP/C/M/100/Add.1; IP/C/M/96/Add.1; IP/C/M/95/Add.1 ; IP/C/M /93/Add.1 and IP/C/M/91/Add.1.  IP/C/M/105/Add.1  
 
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  10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
10.1  Bangladesh  
104.  The delegation of Bangladesh thanks the Secretariat for the updates and welcomes the reports 
under TRIPS Article 67 from the Developed Country Members on capacity building support to the 
developing countries and particularly the LDCs. T hese reports provide information on a wide range 
of programs and activities customized for the beneficiary Members. My delegation also thanks the 
Secretariat for managing the e-TRIPS  system.  
105.  Bangladesh sincerely thanks the developed country Members and IGOs for their help and would 
like to request them to continue their valuable support for the developing countries and particularly 
the LDCs and the graduating LDCs.  
10.2  Republic of Moldova  
106.  I would like again to thank the Secretariat for the e -training provided to our delegation on 
e- TRIPS session and we consider this type of session very useful, especially for our capital -based 
officials and therefore we encourage more Members to apply for such sessions.  
10.3  World Intellectual Property Organization  
107.  The World Intellectual Property Organization  continues to support Members to leverage 
intellectual pro perty as an enabler of the creativity, innovation and entrepreneurship needed to 
address global challenges. WIPO remains committed to working now and in the future to enable an 
effective global response to the COVID -19 pandemic and to facilitate sustainabl e post  COVID -19 
recovery efforts.  
108.  Technical co -operation and capacity -building are key components of the WIPO COVID -19 
response package, approved in October 2021, and designed to leverage WIPO 's strengths in support 
of the global community 's response to CO VID-19. The WIPO COVID -19 response package includes 
a commitment for WIPO to strengthen its cooperation with the World Health Organization (WHO) 
and the World Trade Organization (WTO) as part of the trilateral cooperation  to address the individual 
needs of  Members in this regard.  
109.  Since 2009, the Trilateral Cooperation has enabled the WHO, WIPO and the WTO to step up 
practical coordination on issues relating to public health, intellectual property and trade. This 
trilateral cooperation is intended to enhance the empirical and factual information basis for policy 
makers in order to support them in addressing public health in relation to intellectual property and 
trade.  On 15 June 2021, the Directors General of WHO, WIPO and WTO met to map out further 
collaboration to assist Members ' responses to the COVID -19 pandemic. The Directors General were 
conscious of the pressing global challenges at the intersection of public health, intellectual property 
and trade and they agreed on a number of actions in suppor t of the members of the three 
organizations.  
110.  As part of their actions, the Directors General agreed to establish the WHO -WIPO -WTO 
COVID - 19 Technical Assistance Platform. The new joint Platform for tripartite technical assistance 
was launched in April 2022 . The Platform provides a one -stop shop for members of the three 
organizations and for WTO accession candidates. It offers the full range of expertise on access, 
intellectual property and trade matters provided by WHO, WIPO and WTO in a coordinated and 
systematic manner.  
111.  The Trilateral Technical Assistance Platform is an additional pathway to requesting technical 
assistance within the framework of the trilateral cooperation. The Platform offers easy -to-find and 
use information about the technical assistance  that can be obtained individually and together from 
WHO, WIPO and WTO with regards to COVID -19 response.  In order to improve outreach, the three 
organizations have agreed to establish the new platform with a new trilateral domain: 
https://www.who -wipo-wto-trilateral.org/ . The platform focuses on COVID -19 related technical 
assistance and maps out related information in WHO, WIPO and WTO which is accessible through 
the platform. Such information includes direct links to the Trilateral Study Promoting Access to 
Medical Technologies  and Innovation as well as  the updated COVID -19 extract on an integrated IP/C/M/105/Add.1  
 
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  health, trade and IP approach to respond to the COVID -19 pandemic. Both publications are available 
in the six U nited Nations  languages through the platform.  
112.  In addition, the platform provides direct links to pertinent information about the full range of 
options for technical assistance provided for by WHO, WIPO and WTO. A contact form can be used 
to send any queries regarding how to request trilateral technical assistance  – this is ava ilable online 
at the gateway. The contact form encourages the user to submit structured and detailed information 
and guides the user as to which information is useful for the respective s ecretariats to expedite the 
inquiries.  
113.  Translations of the Trilateral  Technical Assistance Platform into Arabic, Chinese, French, 
Russian and Spanish are currently in the final stage of  preparation and will be  upload shortly. At this 
stage, the Trilateral Technical Assistance Platform focuses on COVID -19 related technical a ssistance. 
We see potential for this platform to develop further into a comprehensive trilateral information 
resource that can support the global policy discussion in the fields of health, intellectual property 
and trade in a holistic manner in order to ma ke the potential of the trilateral cooperation work for 
all members of WHO, WIPO, WTO and WTO accession candidates.  
114.  WIPO reaffirms its commitment to combining the three organizations ' services together to 
offer Members comprehensive support in addressing t he pandemic and beyond. We invite you to 
make active use of the platform and to share with us any feedback about this new feature of the 
trilateral cooperation.  
11  PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED 
ON 17 JUNE 2022  
11.1  South Af rica on behalf of the co -sponsors  of IP/C/W/669/Rev.1  
115.  On 15 June 2021, the Directors  General of the World Health Organization , World Intellectual 
Property Organization  and the W orld Trade Organization  issued a joint statement in which they 
underscored their "commitment to universal, equitable access to COVID -19 vaccines, therapeutics, 
diagnostics, and other hea lth technologies". The three DGs underlined that this commitment is 
anchored in the understanding that this is an urgent moral imperative in need of immediate practical 
action.  
116.  We have learnt from the experiences of this pandemic that it is critical to sca le up production 
and access to not only vaccines, but other tools, including therapeutics and diagnostics to prevent 
the spread of COVID -19 and to treat the disease and prevent deaths. These resources have been in 
acute shortage in many countries leading t o very limited accessibility. The scope of products is also 
reflective of the national COVID -19 response strategies of many countries that acknowledge that 
the prevention, treatment and containment of COVID -19 involves a range of health products and 
techno logies. Vaccines are necessary but not sufficient to respond to the pandemic. No country 
adopts only one intervention in this and any pandemic. Vaccinations, test and treat strategies and 
their related health products and technologies are urgently needed a longside other interventions.  
117.  In relation to therapeutics, WHO 's consultations on COVID -19 therapeutics reveal that 
"[d]espite the great success of COVID -19 vaccine development, therapeutics are still urgently 
required" and that a range of therapeutics wil l be required including "drug combinations targeting 
specific aspects of infection, as well as suites of treatments targeting different disease processes 
(such as antivirals, immunomodulators and anti -coagulants) ".2 The E uropean Union COVID -19 
therapeutic  strategy also states that "vaccines will not eliminate the disease overnight and 
therapeutics will still be needed for patients in hospitals and at home, including people suffering 
from 'long COVID '. For these reasons, therapeutics will continue to play a  significant role and 
complement the EU strategy for vaccines." Notably, several therapeutics have been approved, 
registered and have received national emergency use authorization or qualified for the WHO 
emergency use listing.  
 
2 P. 5 https://cdn.who.int/media/docs/default -source/blue -print/06_therapeutics_full -achievements -
report.pdf?sfvrsn=d6cdb802_3&download=truereport.pdf?sfvrsn=d6cdb802_3&download=true . See also p p. 
12 and 13.  IP/C/M/105/Add.1  
 
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  118.  Since the currently availabl e vaccines are not able to prevent infections , therapeutics play an 
important role in our effort to contain and treat COVID -19. In document IP/C/W/670 , the 
co- sponsors have presented a preliminary patent landscape providing a non -exhaustive snapshot 
of the patent filing and granting status of five selected therapeutics candidates for COVID -19. In 
document IP/C/W/672  as well as  in document IP/C/W/673  the co -sponsors have highligh ted 
IP-related challenges in the area of therapeutics and how restrictive voluntary licensing practices 
continue to pose supply challenges to countries. The WIPO patent landscape report has subsequently 
shed further light.  
119.  In relation to diagnostics, pillar 5 of WHO 's Strategic Preparedness and Response Plan for 
COVID -19 considers testing to be the cornerstone of the management of the COVID -19 pandemic. 
Testing is critical to detect cases and investigate clusters of cases so that public health actions can 
be rapidly taken to isolate those infected, quarantine contacts and break chains of transmission. 
Testing allows for new COVID -19 variants to be identified to begin to build vaccines and therapeutics 
that can prevent or treat infection. Major gaps in testin g are still putting lives at risk and threatening 
progress to end the pandemic. There is therefore a need to scale up testing and ensure immediate, 
equitable access to diagnostic tools in every country across the world. The co -sponsors have 
provided exampl es highlighting IP challenges in previous TRIPS Council meetings (see paragraphs 
42-46 of document IP/C/W/672  as well as paragraph 65 of document IP/C/W/673) . 
120.  We commend Dr Ngozi Okonjo -Iweala , Director -General of the WTO,  for the work undertaken 
towards the Ministerial Decision  on the TRIPS waiver. Work conducted within the  Secretariat such 
as the "Working Paper on Patent Related Actions Taken in WTO Members in Response to the 
COVID - 19 Pandemic" as well as the "Working Paper on Innovation and Patenting Activities of 
COVID -19 Vaccines in WTO Members: Analytical Review of Vax PaL", both provide rich information 
that Members may use in developing appropriate measures within their jurisdictions. Paragraph 8 of 
that Decision  contains a clear Ministerial mandate for Members to decide on extension of the Decision  
to therapeutics and  diagnostics within 6 months – that is, by 17 December 2022.  
121.  The co -sponsors have prepared a room document that sets out why it is important to 
expeditiously fulfil the paragraph 8 mandate. The room document  also proposes a time  frame for 
the consideration  of the membership, aimed at assisting us to timeously fulfil the mandate set by 
Members  at MC12.  The time frame is indicative , and it has just been brought to my attention that 
22 July is the last day of the WIPO General Assembly . Obviously this would have an impact on the 
ability of some delegation to participate , so this is indicative and we are happy for Members to reflect 
and provide a time  frame that would be workable.  
122.  As stated by Dr Ghebreysus, Director -General of the WHO, "Vaccines alone w ill not end the 
pandemic". "Many countries need diagnostics, lifesaving therapeutics – including oxygen and support 
for vaccine rollout."  The WTO membership  has urgent work to do in order to emulate the 
commitment to universal, equitable access to COVID -19 vaccines, therapeutics, diagnostics, and 
other health technologies demonstrated by the trilateral DGs. Extension of the WTO Ministerial 
Decision on the TRIPS Agreement to cover therapeutics and diagnostics will be a significant step in 
the right direction . 
123.  We have heard some mention voluntary licenses as an alternative to full use of TRIPS 
flexibilities and extension of the Ministerial Decision on the TRIPS Agreement. Here I would state 
that our delegation appreciates the value of voluntary licenses. Howev er, due to various limitations, 
voluntary licenses cannot be considered as the only means that Members should have at their 
disposal if we are to diversify production on an adequate scale. Some of the limitations involved with 
licensing include:  lack of tr ansparency, geographical limitations, and exclusivity.  
124.  South Africa is a co-sponsor of the Solidarity Call to Action and the WHO COVID -19 Technology 
Access Pool ( C-TAP) together with 41 other countries. At the early stages of the pandemic, the Call 
to Action made three requests of holders of knowledge, intellectual property or data to existing or 
new therapeutics, diagnostics and vaccines, including. Namely, that they:  
a. Voluntarily license such rights on a non -exclusive and global basis to the 
Unitaid -establ ished and supported Medicines Patent Pool and/or through other public 
health research and development mechanisms, consortia or initiatives that facilitate global 
and transparent access; and/or voluntary non -enforcement of intellectual property rights, IP/C/M/105/Add.1  
 
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  as appropriate, during the COVID -19 pandemic, to facilitate the wide -scale production, 
distribution, sale and use of such health technologies throughout the world;  
b. Facilitate equitable, affordable and timely access to their products for all countries;  and 
c. Share voluntarily the relevant knowledge, intellectual property and data to enable 
wide-scale and worldwide production, distribution and use of such technologies and 
necessary raw materials through mechanisms such as the Technology Access Partnership 
(TAP) hosted by the UN Technology Bank or the Open COVID Pledge Initiative3. 
125.  These requests were largely unheeded , which has contributed to the concentration of 
production in a few locations and inequitable access to COVID -19 tools. The co -sponsors have 
consistently argued that business as usual approaches are ill -suited to situations of extreme urgency 
such as pandemics. We have also called for vigilance given the ever -present threat of new variants 
and sub -variants. The emergence of the highly transmiss ible BA.4 and BA.5 Omicron sub -variants 
as well as the BA.2.12.1 sub -variant, which was first detected in the U nited States of America  in 
December 2021, have resulted in spikes in the number of infections in different regions. The impact 
of these spikes is  yet to be determined but there are some initial indications that the risk to global 
health presented by the latest sub -variants is potentially greater than that of original BA.2. The 
ability to identify and treat these variants and sub -variants as well as  those which continue to emerge 
will depend on the deconcentrated availability of therapeutics and diagnostics. Extension of the WTO 
Ministerial Decision to cover these crucial COVID -19 tools is urgent and will be a key facilitator in 
this regard.  
11.2  Uruguay  
126.  Our country has a direct interest in matters relating to the equity and affordability of, and easy 
access to, goods and services developed on the basis of patents and other intellectual property tools 
in order to combat COVID -19. Uruguay, as a net importer  of medical technology, welcomes 
document RD/IP/49 , which was circulated today.  
127.  We stand ready to hold discussions with the proponents of the document on the inclusion of 
aspects relating to COVID -19 diagnostics and treatments in the Ministerial Decision adopted in June, 
with a view to securi ng an outcome prior to 17 December 2022. However, given the urgent nature 
of the matter, we understand that the flexibilities provided under the TRIPS Agreement and voluntary 
licensing must be used as a matter of priority to meet Members ' needs . 
11.3  Pakistan  
128.  Pakistan wishes to align itself with and echo the statement delivered by South Africa on behalf 
of the co -sponsors of the original TRIPS waiver decision.  Pakistan would like to appreciate 
Dr Ngozi  Okonjo -Iweala , Director -General  of the WTO,  and her efforts to achieve a Decision  for the 
Membership on the TRIPS waiver. The Decision , even though not as ambitious as what the 
co-sponsors would have liked, does underscore to the world at large the importance of a solution to 
the intellectual property -related challenges faced by many developing countries in their fight against 
the C OVID -19 pandemic.  
129.  The Decision , therefore, very apt ly instructs Members in Paragraph 8 to decide on the 
extension of the Decision  to therapeutics and diagnostics within six months, i.e. by 
17 December  2022. Indeed, the solution to the overwhelming challenges faced by developing 
countries in their ongoing f ight against C OVID -19 is very limited if it remains confined to vaccines 
and does not address therapeutics and diagnostics. More specifically, while the pandemic is now 
entering a late stage, new variants will continue to develop and newer manifestations o f the disease 
will come to surface, for instance long -term side effects, and repetitive infections with their own 
complications. In this phase, the need for going beyond vaccination and timely access to diagnostics 
and therapeutics has become crucial.  
130.  This aspect has been duly recognized by the Directors  General of the World Health 
Organization , World Intellectual Property Organization  and the W orld Trade Organization  in their 
 
3 https://www.who.int/initiatives/covid -19-technology -access -pool/solidarity -call-to-action . IP/C/M/105/Add.1  
 
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  joint statement underscoring a "commitment to universal, equitable access to COVI D-19 vaccines, 
therapeutics, diagnostics, and other health technologies". The need for therapeutics and diagnostics 
in our efforts to detect, treat and contain the spread of COVID -19; and the various challenges in the 
IP system to achieve that aim, particu larly challenges in achieving success through voluntary 
licensing mechanism s, has also been deliberated in great detail by the co -sponsors of the waiver in 
documents IP/C/W/670 , IP/C/W/672  and IP/C/W/673 . 
131.  In terms of the work done by international organizations, WIPO 's patent landscape report has 
explained these aspects in good detail alongside the WHO 's strateg ic preparedness and response 
plan for COVID -19, which underscores diagnostics, particularly testing , as a key ingredient of a 
wholesome COVID -19 management strategy.  
132.  This continuing need for a waiver for therapeutics and diagnostics is not new. It was push ed 
further during the negotiations on the waiver to allow more focus on vaccines at the time. This does 
not diminish the crucial importance of extending the waiver to diagnostics and therapeutics , which 
is even more necessary now. It is not just a technical or economic argument. It is an urgent moral 
responsibility that we as the membership owe to the world to demonstrate that we are actually 
interested in fighting the pandemic and saving human liv es across the globe, that those lives in 
developing countries also matter, and that the waiver on vaccines is not mere window dressing.  
133.  With this urgent need in mind, Pakistan fully supports the room document that has been 
circulated today on behalf of the  co-sponsors. It clearly delineates a time  frame for fulfilling our 
Ministerial mandate in a timely and effective manner. We urge Members to seriously consider this 
timeline ahead of us and work positively, constructively and meaningfully to deliver this decision  
within the stipulated time.  
11.4  Maldives  
134.  The Maldives warmly welcomes the adoption of the TRIPS waiver at MC12 , as it is a crucial 
step towards a co mprehensive WTO response to the ongoing pandemic. The agreement will greatly 
enable vaccination rates across the world. In the spirit of this progress, we request the Council to 
begin the work of extending the waiver agreement to cover much -needed therapeu tics and 
diagnostics.  
135.  Diagnostics are crucial to manage the virus as people can be tested quickly and efficiently to 
limit the spread. Without widespread access to affordable diagnostics, managing the spread of the 
virus is significantly more difficult. Ex panding local production  of diagnostics  to a broader range of 
geographical locations is a necessary step to overcoming th e challenge  of accessibility . 
136.   Currently, according to the World Intellectual Property Organization , therapeutics outnumber 
vaccine pat ent filings. In this regard a therapeutic provision is necessary to provide care quickly and 
effectively to people of low - and middle -income countries. There are many factors such as 
break -through cases and new strains not covered by existing vaccines whic h could lead to 
hospitalization. In these instances, timely access to  proper therapeutics is critical . Similarly, as new 
therapeutics are developed it is important that they are made available promptly, in sufficient 
quantities and at affordable price s to meet global demand.  
137.  Without an agreement on these element s of the waiver, Members that lack proper access to 
diagnostics and therapeutics will continue to  be disproportionately affected  with the challenges of 
the pandemic. Excellencies and colleagues, we have an opportunity to seize the current momentum 
to strengthen the waiver and enable all Members to comprehensively respond and manage the 
COVID -19 pandemic. The Maldives remains commit ted to the work of this Council and looks forward 
to further collaboration.  
11.5  Ukraine  
138.  Ukraine welcomes the adoption of the Ministerial Decision on the TRIP S Agreement and 
believes that it will lead to achieving the common goal of ensuring universal access to vaccines 
needed to fight the COVID -19 pandemic. With respect to provisions of paragraph 8 of the mentioned 
Decision , we would like to reiterate that the  availability of affordable COVID -19 diagnostics and 
therapeutics is a matter of great importance for Ukraine. Ukraine will follow discussions on this IP/C/M/105/Add.1  
 
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  matter in the TRIPS Council and we are ready to engage constructively in order to find an acceptable 
solution in the WTO.  
11.6  Egypt  
139.  Egypt aligns itself with the statement delivered by South Africa of behalf of  the co -sponsors of  
the original waiver proposal . At the outset, let me assure you that we are looking forward to engaging 
constructively with other Members to implement all the outcomes of MC12 , including the Ministerial 
Decision on the TRIPS Agreement adopted on 17 June  2022. In this regard and pertaining t o 
paragraph 8 of the referred Ministerial Decision, there is global recognition that controlling 
COVID - 19 requires a comprehensive approach beyond vaccines. There is no dispute that 
therapeutics and diagnostics are central to effectively responding to  the COVID -19 pandemic  and to 
socio-economic recovery.  
140.  On 29 June, Dr Tedros, Director -General of the W orld Health Organization , announced  that 
the pandemic is not over yet. To date the WHO has recommended a number of therapeutics, but 
many of them are either unavailable and/or unaffordable in many developing countries.  
141.  The extension of the Decision  has its rational base , among other things. First of all  it is not 
only vaccines that are needed now. Supply and production of diagnostics and therapeuti cs have 
become more important. Existing patent s on diagnostics and t herapeutics increase the cost of 
treatment making  it difficult to create  modern  mechanism s through which to deliver medicines at 
visible and  affordable cost, especially in low -income developing  countries.  The use of compulsory 
license s as per Article 31 of TRIPS to override the patent barrier and a waiver of the Article 31(f) 
condition could facilitate equitable access. With respect to testing, WHO recognizes it to be the 
cornerstone for the management of the COVID -19 pandemic. Testing is critical to detect cases, to 
identify new variants and the rate of in fection, but disparity in testing is huge. In May 2022, Dr 
Tedros, Director -General of the WHO, highlighted the importance of timely access to affordable 
diagnostics tools in developing and least developed countries.  
142.  Against  this background we underscore t hat a holistic approach is required to ensure an 
effective response to COVID -19, and we stress the importance of the TRIPS Council to take urgent 
steps, within the timeline proposed in room document RD/IP/49 , to facilitate access for diagnostics 
and therapeutics, through extending the Ministe rial Decision to cover the production and supply of 
COVID -19 diagnostics and therapeutics.  
11.7  Tanzania on behalf of the African Group  
143.  The African Group welcomes the Ministerial Decision reached during MC12 and welcomes the 
document presented by the delegation of South Africa on behalf of the group of co -sponsors. It can 
be recall ed that during MC12 t he African Group consistentl y insisted on the importance of adopting 
a comprehensive Decision  which comprises vaccines, therapeutics and diagnostics as a holistic 
approach to address the C OVID -19 pandemic. It is also well -reflected in the co -sponsors ' document 
that access to testing tools and life -saving drugs is limited and unaffordable.  
144.  It is evident that COVID -19 therapeutics such as Paxlovid are in short supply. In most 
developing countries and least developed countries, particularly in Africa , COVID -19 therapeutics 
are either unavailable or unaffordable. This situation calls for a swift extension of TRIPS flexibilities 
to cover COVID -19 therapeutics as a means of scaling up and diversifying their production to 
facilitate equitable and affordable access.  
145.  Regarding diagnostics, the W orld Health Organization  continues to insist to Members that 
COVID -19 testing is an appropriate strategic measure to address the pandemic. Testing is critical to 
detect cases, new variants and to better understand the extent of infection in a certain  population 
and leads to taking an informed and timely measure to tackle it. Nevertheless, the rate of testing in 
developing countries and in LDCs  – particularly  in Africa – remains alarming low due to shortages 
and unaffordable suppl ies of kits and testing chemicals. Testing in LDCs is almost negligible in 
proportion to their population, and it is merely done when a patient is severely sick – a situation 
which increases the risk of rapid and extensive viral spread. This situation call s for an extension of 
TRIPS flexibilities to cover COVID -19 diagnostics as a means of scaling up and diversifying their 
production to facilitate equitable and affordable access  of diagnostics as well.  IP/C/M/105/Add.1  
 
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  146.  In conclusion, the African Group concurs with the timel ines proposed in the  co-sponsors ' room 
document : that discussion should commence before the summer break and be continued 
immediately after the break, with a view to conclud ing the discussions on extending TRIPS 
flexibilities to cover the production and su pply of COVID -19 diagnostics and therapeutics,  at least  
by November or early December 2022.  
11.8  Bangladesh  
147.  Bangladesh welcomes the temporary TRIPS waiver Decision by  our Ministers  at MC12 to 
support production and affordable and timely supply of COVID -19 vaccines with a future opportunity 
to extend the Decision  to therapeutics and diagnostics. My delegation thanks the TRIPS Council 
Chair, Dr Ngozi Okonjo -Iweala , Director -General of the W orld Trade Organization , Ms Annabel 
González , Deputy Director -General of the WTO , and every delegation for a collective effort for a final 
outcome on the temporary TRIPS waiver Decision . This is a much -delayed Decision  after the 
outbreak of the  COVID -19 pandemic; however, it is expected that the Decision  will be helpful for 
scaling up COVID -19 vaccine production. Without further delay , we must begin discussion now to 
extend the Decision  to therapeutics and diagnostics as instructed by the Ministers. The social and 
economic effects of COVID -19 have been and continue to be disastrous , especially for developing 
countries and LDCs. My dele gation strongly appeals to Members to consider the room 
document  RD/IP/49  circulated today and agree on a positive decision as soon as possible in the next 
six months. Bangladesh thanks the delegation of South Africa and other delegations on behalf of the 
proponents, for bringing this room do cument.  
148.  It is evident that there is an urgent need to expand manufacturing globally and to diversify 
the supply of vaccines, therapeutics and other medical products to effectively fight the pandemic. 
Therapeutic options for COVID -19 primarily fall into two categories: monoclonal antibodies 
(administered by infusion) and oral antivirals (administered as tablets) . But most of the products , 
even those recommended by the World Health Organization , are either unavailable or unaffordable 
to many  developing cou ntries. Intellectual property monopolies, especially patents, remain a major 
barrier to scaling up production and to facilitating equitable access in developing countries. Due to 
limited manufacturers, there are significant supply constraints for the thera peutics recommended 
by WHO and for potentially new therapeutics.  
149.  Likewise, testing is critical to detect cases, to identify new variants and to better understand 
the scale of infection. It also allows for rapid action to be taken and to break the chain of 
transmission. Testing allows for new COVID -19 variants to be identified to begin and develop 
vaccines and therapeutics that can prevent or treat infection. Testing in developing countries and 
especially in least developed countries remains low.  
150.  The MC12 Decision  on a TRIPS waiver for COVID -19 vaccine s is just half -way progress. 
Extending the TRIPS Waiver Decision to cover the production and supply of COVID -19 therapeutics 
and diagnostics will immensely help middle - and low -income developing countries and LD Cs. The 
issues of therapeutics and diagnostics were also emphasi zed by Ministers in their Declaration on the 
WTO Response to the Pandemic. Bangladesh hopes that WTO Members will not fail to deliver a fuller 
and strengthened TRIPS Waiver Decision including therapeutics and diagnostics to address the most 
pressing need of humanity today. My delegation stands ready for further work in this regard.  
11.9  Indonesia  
151.  At the outset, Indonesia would like to align itself with the statement made by South Africa on 
behalf of the co -sponsors. On this agenda item, our delegation would like to thank 
Dr Ngozi  Okonjo - Iweala , Director -General of the W orld Trade Organization  and yourself for showing 
able leadership to steer us towards the adoption of the Ministerial Decision on the TRIPS Agreement 
during the MC12 meeting last June. I would also like to congratulate the Members for the cooperation 
and flexibilities shown that allowed us to come up with a much -needed result in addressing the 
ongoing COVID -19 pandemic.  
152.  While reported cases and deaths from COVID -19 have now declined 90% from their peaks in 
January, we should not be misguided and think that we are at the  end of the pandemic. In fact, 
transmission is increasing in many countries, while new and more dangerous variants are emerging. 
Furthermore, bear in mind that 40% of the world population remain s unvaccinated, and new variants IP/C/M/105/Add.1  
 
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  also pose health risks to tho se who have already been vaccinated. Vaccine s are only part of the 
solution. As we look forward to a world free from the pandemic, our work is far from over and we 
should seize the momentum to build a more resilient global health system, not only for today 's 
purpose, but also for tomorrow 's challenges.  
153.  In fact, one of our priorities, as the current chair of the G20, is to encourage the strengthening 
of global health resilience and help make the global health system more inclusive, equitable, and 
responsive to crises. To that end, one of our deliverables is ensuring access to emergency medical 
countermeasures. In this regard, therapeutics and diagnostics are inseparable parts of the 
countermeasures devised in the W orld Health Organization 's four -pillar strate gy, which also includes 
vaccine and health protocol s, and has been proven to be effective in the prevention, containment, 
and treatment of COVID -19 and subsequent pandemics.  
154.  Learning from the lesson of this current pandemic, global health resilience is onl y as strong as 
the weakest link. Therefore, we should ensure equitable access to countermeasures through the 
extension on therapeutics and diagnostics no later than six months after its adoption. With that in 
mind, Indonesia would also like to extend our f ull support to document RD/IP/49 , submitted by 
South Africa, India, Pakistan, Indonesia, Egypt and Tanzania on behalf of the co -sponsors , that 
highlight s the urgency of holistic countermeasures to the pandemic, as well as guid es our work on 
the key remaining issues on therapeutics and diagnos tics. Indonesia, as always, stands ready to 
engage constructively on this issue.  
11.10   Argentina  
155.  Argentina welcomes the Ministerial Conference Decision  on the TRIPS Agreement and aligns  
itself with the statement made by the distinguish ed representative of South Africa on behalf of the 
co-proponents. My delegation supports this initiative to set  up a time  frame for meetings to ensure 
compliance wi th the multilateral mandate in paragraph 8 of the Decision  and to expand the waiver 
to diagnostics and therapeutics for combatting  COVID -19. Indeed , we need to expand access to help 
in an equitable , universal way to bring an end to this pandemic and save lives all across this planet. 
That is why Argentina co -sponsor ed the document which was circulated today and encourages  
delegation s to take a positive view on this proposal , which allows discussions within the established 
time frame.  
11.11   Sri Lanka  
156.  According to para graph  8 of the Ministerial Decision on the TRIPS Agreement , 
document  WT/MIN(22)/30) , which was adopted on 17 June 2022, a negotiation process should lead 
Members to arrive at a decision by 17 December 2022 on whether or not to extend it to therapeutics 
and diagnostics. We would like to emphasize that the world is experiencing an evolution of  the 
COVID -19 pandemic such that antibodies triggered by vaccination are less effective at blocking new 
Omicron variants and even vaccinated and boosted people are vulnerable to multiple Omicron 
infections.  
157.  On the other hand, therapeutic options for COVID -19 recommended by the World Health 
Organization  are either unavailable or unaffordable for developing countries. Intellectual property 
monopolies , especially patents , remain a major barrier to scaling up production and to facilitating 
equitable access. Supply constraints are expected to con tinue for most of 2022 , even for products 
where voluntary license s exist.  
158.  These licenses also exclude supply to many developing countries. There are significant supply 
constraints due to limited manufacturers for the therapeutics recommended by WHO and for  
potentially new therapeutics. Diagnostics are critical for effective use of therapeutics. Testing allows 
for new COVID -19 variants to be identified to begin to build vaccines and therapeutics that can 
prevent or treat infection. Testing in developing coun tries and especially in LDCs remains absurdly 
low. 
159.  In this regard, the Sri Lanka n delegation would like to reiterate that the TRIPS Decision  will 
not provide any credible solution to COVID -19 if the scope does not immediately extend to 
therapeutics and dia gnostics. Equitable and affordable access remains a massive challenge for 
therapeutics and diagnostics, and we should not delay addressing these aspects.  IP/C/M/105/Add.1  
 
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  160.  Therefore, considering the ongoing challenges and experiences shared by many countries with 
regard to the COVID -19 pandemic, the Sri Lankan delegation would like to re -emphasize that this 
TRIPS Decision  needs to be advanced favourably  on the extension process to cover the production 
and supply of COVID -19 diagnostics and therapeutics and to ensure the negotiation process shall 
commence as quickly as possible with a view of fulfilling this Ministerial mandate.  Furthermore , 
Sri Lanka wel comes the latest proposal contained  in document RD/IP/49  submitted today by 
South  Africa, India, Pakistan, Indonesia, Egypt and Tanzania , and we would like to continue 
constructive discussion with Members in this regard.  
11.12   China  
161.  With joint efforts by all Members, MC12 adopted the important Ministerial Decision on the 
TRIPS waiver of COVID -19 vaccines, which represents WTO 's contribution to the global fight against 
the pandemic and will help addre ss the accessibility and affordability of COVID -19 vaccines in 
developing Members.  
162.  Regarding para graph  8 of the Decision, which is about the extension to diagnostic and 
therapeutic products, we appreciate the recent room document tabled by the co -sponsors.  China 
shares the view that the extension of the policy tools provided in the Ministerial Decision to 
therapeutics and diagnostics will help developing Members to address intellectual property  barriers 
to the expansion and diversification of production. Ch ina stands ready to continue our active 
participation in the follow -up consultations of the TRIPS Council along the schedule proposed by the 
co-sponsors towards the objective of achieving a decision within six months.  
11.13   India  
163.  We acknowledge the Decision  reached at MC12 contained in document  WT/MIN(22)/30 . While 
the delayed outcome falls short of the expectations a nd demands of the co -sponsors of the 
document  IP/C/W/ 669 waiver proposal, it does, however, indicate that the W orld Trade Organization  
Membership can go beyond their hard positions and can respond in extraordinary and unprecedented 
situations. This indeed provides a glimmer of hope for the w orld at large and for us at the WTO : 
another opportunity for the Organization to further consolidate and build upon the mandate as 
provided in paragraph 8 of the Ministerial Decision, and to decide to extend the scope to COVID -19 
therapeutics and diagnosti cs. 
164.  We have had over the past several months extensive discussions and consultations on the 
need for a waiver covering therapeutics and diagnostics as well . As highlighted earlier  by the 
distinguish ed delegate from South Africa , these are well -documented a nd publicly available.  Let me 
reemphasize again that therapeutics and diagnostic s are integral components that constitute a 
comprehensive prevent, test and treat strategy to combat the pandemic. Globally it is 
well-recognized that testing and treatment are  essential aspects of controlling and managing 
COVID -19. They are recommended by the W orld Health Organization , as well as form part of national 
strategies for controlling COVID -19. 
165.  As we have seen, the spectrum of medical therapies to treat COVID -19 is gr owing as well as 
rapidly evolving. It includes antivirals, monoclonal antibodies, immunomodulators and 
antithrombotic therapies. Despite the progress in COVID -19 vaccine development, therapeutics are 
still urgently required as people continue to fall sick despite vaccinations and require treatment to 
recover. Furthermore, WHO 's Strategic Preparedness and Response Plan for COVID -19 considers 
testing to be the cornerstone of the management of the COVID -19 pandemic. Testing is critical to 
detect cases, to identify new variants and to better understand the scale of infection. It also allows 
for rapid action to be taken and to break the chain of transmission. Testing allows for new COVID -19 
variants to be identified to begin to build vaccines and therapeutics  that can prevent or treat 
infection. In May 2022, WHO alerted the world that in the absence of testing "we are essentially 
blind to how the virus is mutating. We do  not know what  is coming next ". Therefore, while the 
uncertainty continues to linger on reg arding mutations, new variations and the efficacy of exi sting 
doses , therapeutics and diagnostics , along with vaccines , will continue to be cr itical for protecting 
public health.  
166.  We must not yet rejoice and pat our backs for achieving the outcome at MC12 a nd putting this 
behind us . In fact , as mandated we still have another crucial decision to make on therapeutics and IP/C/M/105/Add.1  
 
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  diagnostics, which will further enhance production and ensure access and affordability to COVID -19 
therapeutics and diagnostics. To this end , Chair, the co -sponsors of the waiver proposal have 
circulated room document  RD/IP/49  highlighting the urgent need to extend the Decision  to 
therapeutics and diagnostics , as well as proposing an indicative timeline that will help the 
Membership in scheduling and prioritizing our work in the T RIPS Council to fulfil and reali ze the 
mandate in paragraph 8.  
11.14   Russian Federation  
167.  Mr Chairman let me express gratitude to you for your leadership and openness  during the 
tough negotiation at MC12. The Russian Federation welcomes the Decision  of the Ministerial 
Conference on the TRIPS Agreement. This outcome has become an important indication of Members ' 
ability to achieve ta ngible results through compromise despite the long -standing deadlock. It shows 
us as well the great value of the TRIPS Agreement and its flexibilities. We expect that the 
implementation of the Decision  will help eligible Members to combat  COVID -19 more effectively . My 
delegation believes that the Decision  will have great er benefits if it goes together with the initiative 
for the voluntary transfer of technology and constant quality control. The implementation of the 
measures also sh ould bring special attent ion to the issue of counter feiting . In our opinion, counter feit 
vaccines can pose serious t hreats to the healthcare system in the time of a pandemic. The 
Russian  Federation supports future negotiations to expand the cover age to diagnostics and 
therapeutics . Treating the disease is just as important as prevent ing it. We thank the proponent s 
for room document RD/IP/49  for the initiative . We will study it carefully.  
11.15   Hong Kong, China  
168.  I would like to thank the co -sponsors of the unofficial room document which is very timely. 
Just some initial thoughts. First, the proposed schedule of meetings looks sensible – in particular 
the fact that no meeting is intended for August. It also makes sens e that this Council reports to the 
General Council on the progress made from time to time.  
169.  Indeed, time  frame aside, we are more concerned about the process. In particular, we are 
concerned as to whether the discussion will be confined to a selected group of Members , or whether 
it will be open to the full Membership. As we have said before, the discussion pr ocess should be 
transparent and open for participation by the full WTO Membership – and my delegation stands 
ready to participate constructively in the relevant discussions.  
11.16   Chile  
170.  Our delegation takes this opportunity to celebrate the agreement achieved during MC12 in 
improving the distribution and production of COVID -19 vaccines worldwide. Related to this point , it 
is important , as my colleague from Hong  Kong, China pointed  out, that our discussion s between now 
and 17 December are inclusive and transparent. As for the procedure , we deem it of u tmost 
importance that all delegations have the opportunity to submit their proposals and to be heard 
during the disc ussion , ensuring a constructive debate that achieves consensus. It is also key that 
delegations not lose sight of the sense of urgency and adopt a pragmatic , evidence -based approach 
when it comes to exchanging their views on the matter , considering the particular needs and 
challenges of developing countries in facing the pandemic. Finally, I would like to reiterate Chile's 
commitment toward s the Ministerial Declaration on the WTO Response to the COVID -19 Pandemic 
and Prepar edness for Future Pandemics , which aims to identify effective solution s in the event of 
new pandemics. As we have pointed out in previous se ssions, we are convinced that a holistic 
response will be the best response to this and future pandemics. Our delegation shall engag e 
constructively in discussions under this agenda  item. 
11.17   Bolivia, Plurinational State of  
171.  We thank South Africa for submitting the document on behalf of the co -sponsors. We believe 
that it is of vital importance to comp ly with the mandate of the Decision  adopted last June and make 
progress toward therapeutics and diagnostics , and toward affordable and equ itable solutions . 
Otherwise  any other decision will continue to fall short. It will be very positive for the Organization 
to reach an outcome and avoid repeating mistakes of the past , which will not allow us to respond 
rapidly as required. Time continues to pass , and COVID -19 continues to affect our economies and IP/C/M/105/Add.1  
 
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  take lives. We continue to foster a patent system that prioritizes life for all people on the planet and 
we reiterate our willingness to engage constructively on the matter.  
11.18   Australia  
172.  Australia welcomes the consensus agreement at MC12 for a TRIPS outcome for COVID - 19 
vaccines. We thank Members on all sides , we thank you Chair, and we thank the Secretariat for thei r 
constructive engagement in achieving this outcome. We look forward to engaging in the discussion 
on extending the scope of th at outcome  to therapeutics and diagnostics in the coming months. We 
urge all Members to approach these further discussions in the  same spirit of compromise that 
enabled us to secure the MC12 outcome. We would like to thank the co-sponsors  for their 
document  RD/IP/49 , circulated  earlier today, which we are still reviewing.  
11.19   Brazil  
173.  Brazil has been an active participant of the discussions that led to the Ministerial Decision on 
the TRIPS Agreement on 17 June 2022. It is our belief that we have reached with that Decision  a 
balanced outcome that preserves the integrity of the TRIPS Agreement, while improving and 
streamlining procedures and requirements associated with the use of the special compulsory 
licensing system under the TRIPS Agreement.  
174.  We believe a similar path co uld be taken to extend the Decision to therapeutics and 
diagnostics. We are ready to assess Members ' proposals under paragraph 8 of the Ministerial 
Decision  and will engage constructively towards a decision on the agreed time  frame.  
11.20   United Kingdom  
175.  The United Kingdom would like to thank you , Chair,  and the Secretariat for navigating the 
TRIPS  Council through a complex negotiating process during MC12.  While the process for reaching 
the consensus -based TRIPS Decision was by no means perfect, and lessons could be learned, your 
leadership and guidance was valuable in helping us reach an outcome and will no doubt be required 
moving forward. We also extend our gratitude to all Members for their cooperation and patience 
throughout the process.  
176.  The U nited Kingdom  has listened carefully and understood concerns raised by developing 
countries, particularly those regarding use of the compulsory licensing system. B earing such 
feedback in mind, the U nited Kingdom  engaged constructively in discussions on how compulsory 
licensing could help developing countries to achieve their public health policy objective of accessing 
COVID -19 vaccines. After a series of intense neg otiations, we understand the aim of this Decision  is 
to make it easier for eligible Members, who choose to do so, to make exports of life -saving 
COVID - 19 vaccines more streamlined, while preserving incentives to invest in innovation embedded 
in intellectu al property  rights.  
177.  The U nited Kingdom  will engage constructively and in good faith, being guided by evidence 
and noting the distinction between vaccines, therapeutics, and diagnostics. We welcome all 
Members ' views and the opportunity to engage bilaterall y on the matter. We are pleased to see the 
IP framework has been put in use by licensing partnerships for COVID -19 treatments underway, 
including via the Medicines P atent Pool. 
178.  We also thank delegations for the unofficial room document RD/IP/49  circulated today. This 
text will certainly form part of our analysis of the matter. Given the complexities of therapeutics and 
diagnostics, we will use the time available, and we call on others to do the same, to gather and 
analyse evidence and engage bilaterally during the summer months, so that we are able to deliver 
on the mandate via multilateral evidence -based discussions to take place after the summer. We see 
the TRIPS Council with you, Chair, at the helm as the right for um to hold these discussions.  
11.21   Singapore  
179.  I would like to echo previous colleagues in commending the Chair, Secretariat, and all Members 
for delivering an outcome on the TRIPS Waiver Decision at MC12. This bears testament to the ability 
of all Members to exercise flexibility. As we are now faced w ith the next step on the extension of the IP/C/M/105/Add.1  
 
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  Decision to diagnostics and therapeutics, Singapore hopes that Members will continue to engage in 
a constructive spirit to reach a solution on this issue.  
180.  We would also like to thank the proponents for their room d ocument RD/IP/49  on the extension 
of the TRIPS Decision to cover diagnostics and therapeutics. While we will require some time to 
consider the proposal carefully, Singapore remains committed to working constructively with 
Members on this issue in an open, transparent, and inclusive manner.  
11.22   Norway  
181.  Norway welcomes the Ministerial Decision reached at MC12. We are encouraged by Members ' 
ability to achieve consensus  on this important topic. The wai ver ensures a balanced approach 
between , on the one hand , ensuring that intellectual property right s do not constitute a barrier to 
solving the current or future health crises, and on the other hand , preserving the incentives for 
innovation. We thank you C hair, the Secretariat and all others that helped ensure this important 
result.  
182.  Our work on the waiver is , however , not finished. We are currently consulting with Oslo on 
paragraph 8 of the Ministerial Decision on the TRIPS Agreement. Six months is not a lo t of time, and 
the clock is ticking. On process, we need to ensure that further negotiations are conducted in a 
manner which is open, transparent, and inclusive. In this respect we thank the proponents of the 
unofficial room document distributed today and will thoroughly consider the proposals contained 
therein.  
11.23   Canada  
183.  Canada was pleased to see the international community come together to find a multilateral 
solution on this important issue at MC12. Canada has always supported a consensus -based solution 
on the TRIPS waiver, and positively notes the ability of the WTO Membership to reach consensus  in 
recent weeks.  
184.  Canada has long recognized and pro moted the importance of balance in intellectual property  
frameworks that provide incentives for innovation while ensuring that WTO Members can continue 
to pursue important public policy objectives, like public health. Canada also recognizes that the 
global  management of COVID -19 is informed by a broad range of factors, including supply chain 
barriers and considerations related to the distribution and delivery of medical interventions. In this 
regard, Canada continues to support a broad range of near -term so lutions to enhance immunization 
and access to COVID -19 medical interventions and diagnostics, including those measures 
contemplated under the WTO response  to the pandemic, such as measures to address supply chain 
constraints and export restrictions, as wel l as ongoing support for the Access to COVID -19 Tools 
Accelerator and its vaccines, diagnostics, and therapeutics pillars.  
185.  Canada also looks forward to further discussions regarding eligible Members ' experiences in 
vaccine production in the months ahead, a nd on the role of IP in this complex process. We also 
encourage the sharing of any Member experiences in respect of access to, and distribution of, 
COVID -19 therapeutics and diagnostics, including with respect to any challenges experienced in 
relation to, or arising from, the TRIPS Agreement. Canada remains of the view that ongoing 
discussions will continue to be aided by an evidence -based exchange on Members ' experiences in 
responding to the COVID -19 pandemic, with a view to ensuring that Members can again  identify 
consensus -based solutions to global challenges . 
11.24   Japan  
186.  The delegation of Japan believes that the intellectual property system has played and will 
continue to play a crucial role in providing incentives for developing COVID -19 vaccines, diagnostics 
and therapeutics, as well as facilitating voluntary partnerships across the private, public, and 
academic sectors. While it is unclear how the discussion related to paragraph 8 of the Ministerial 
Decision on the TRIPS Agreement o f 17 June 2022 ( document WT/MIN(22)/30 ) will be conducted, 
we believe that such discussion should be conducted in an evidence -based manner.  We are ready to 
continue such discussion constructively with Members.  IP/C/M/105/Add.1  
 
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  11.25   Korea, Republic of  
187.  Korea appreciates the Ministerial Decision at MC12, which is a meaningful and compromise 
outcome for the WTO response to the pandemic. My delegation beli eves the upcoming discussion on 
paragraph  8 of this Decision  will be another path to finding the right balance between the two 
important values of the intellectual property system and a response to the pandemic.  
188.  As the consultation with stakeholders is ongoing, Korea needs more time to prepare for future 
discussions. Meanwhile, at this point, my delegation would like to express our preliminary view on 
the structure of upcoming discussions. Stakeholder Members should be able to participate at the 
upcoming di scussions, which should be held in a n evidence -based and more open and inclusive  
manner, especially given the broader scope of therapeutics and diagnostics and the bigger group of 
stakeholder Members in comparison to COVID -19 vaccine s. 
189.  Regarding document RD/IP/49 , which was circulated before today 's meeting, my delegation 
will review it carefully. Korea looks forward to working with Members and engaging constructively in 
the upcoming discussions.  
11.26   European Union  
190.  The European Union welcomes the outcome achieved during the WTO Ministerial Conference 
in June on a number of clarifications and a waiver of certain obligations of the TRIPS Agreement to 
allow eligible WTO Members to authori ze a company to manufacture and export COVID -19 vaccines 
in a fast and simplified manner without the consent of the patent owner.  
191.  The solution backs and clarifies the flexibilities that exist in the TRIPS Agreement. It simplifies 
the process to export vaccines and their ingredients to other developing countries , which should help 
overcome difficulties related to the domestic implementation of the TRIPS Agreement flexibilities 
and support developing countries in scaling up their production capacity and supplying vaccines to 
other developing countries.  
192.  The outcome and the discussions that we have had over the last year should also lead to all 
WTO Members equipping themselves with agile and efficient legislative frameworks that fully use all 
the flexibilities that a lready exist in the TRIPS Agreement. Clearly one of the key lessons learned 
from this exercise is that currently this not the case and that there is an important margin for 
improvement. The agreed outcome maintains the protection of intellectual property, a key element 
for developing countries not only to benefit from the innovation that the system sustains but also to 
have the environment that incentivi zes the needed investments in the pharmaceutical sector.  
193.  The European Union is ready to engage constructi vely in the discussions on the extension of 
the mechanism agreed by the WTO Ministerial Conference to therapeutics and diagnostics. We are 
currently analysing the situation on the market as regards these products in order to prepare 
consultations with our Member States. In that regard, we would like to thank the co -sponsors of 
document IP/C/W/669 /Rev.1 for the room document , which we will analyse in detail.  
194.  We also welcome the Declaration on the WTO Response to the Pandemic and Preparedness for 
Future Pandemics and want to emphasi ze the need for comprehensive action when it comes to 
addressing pandemics, including a commitment to transparency, timely and comprehensive 
information sharing, and restraint in imposing export restrictions.  
11.27   Mala ysia 
195.  At the outset allow me to thank Dr  Ngozi Okonjo -Iweala , Director -General of the W orld Trade 
Organization , and Ms. Annabel González, Deputy Director -General of the WTO, and you , Chair, for 
your leadership  in delivering the first Ministerial Decision on the TRIPS Agreement. This is indeed a 
strong  testament  that with pragmatism and flexibility we could deliver an outcome. We remain 
cogni zant of the role of intellectual property rights in research and development. Nevertheless  the 
COVID -19 experience tells us that life-threatening pandemic situations  warrant  interventions. We 
continue to support Dr  Ngozi Okonjo -Iweala , Director -General of the WTO and you, Chair, in future 
inclusive WTO response s to future pandemics.  IP/C/M/105/Add.1  
 
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  11.28   United States of America  
196.  The United States is committed  to continu ing to lead responding to the global COVID -19 
pandemic. We have committed to donate over 1.2 billion  vaccine  doses to date . We have already 
delivered more than 56 0 million doses to over 115 countries. The United States has also contributed 
more than USD 19 billion in help and humanitarian  assistance to help combat  COVID -19 issues and 
to help ensure communities  around the world have the resources that they need. Over the year  the 
United States,  as part of its comprehensive effort  to end the pandemic , worked constructively  with 
other WTO Members to facilitate discussions and bridge differences that led to an outcome on 
intellectual property that achieved consensus  across 164 Members of the WTO.  
197.  Through difficult and protracted discussion s, and  with the support of the WTO Secretariat and 
the TRIPS Council Chair, Members were able to bridge differences and achieve a concrete and 
meaningful outcome to get more safe and effective COVID -19 vaccines to those who need them 
most. This Decision  shows that we can work together to make the WTO more relevant to the needs 
of regular people. We have started our domestic consultations on whet her to extend this Decision  
to cover the pro duction and supply of COVID -19 diagnostics and therapeutics and look forward to 
continuing to engage with all Members on this topic. On the process going forward , we recognise 
the urgency of the situation. At the same time , Members need to have enough time  to conduct their 
domestic consultations.  
11.29   New Zealand  
198.  New Zealand strongly welcomes the Decision  made by Ministers on the TRIPS waiver. WTO 
Members worked hard to find a balanced outcome that reflects wide divergences in position. We 
thank all Members who demonstrated considerable flexibility, up until the last moments of the 
Conference , to ensure we  were successful in reaching a conclusion. Let me also thank you , Chair , 
for your efforts in guiding  us toward the outcome  and to the Secretariat team for their assistance in 
reaching the outcome. We heard both before MC12 and again today an interest to ex tend the 
Decision  to COVID -19 diagnostics and therapeutics.  
199.  We look forward to active engagement over the next 6 months in fulfilment of our Ministers ' 
Decision . As we progress our engagement, we would ask that Members, possibly aided by the 
Secretariat, s hare their practical experiences of implementing the existing Decision  to inform our 
decision -making here. We are still considering the room document circulated today.  
11.30   Nicaragua  
200.  The delegation of Nicaragua wish es to welcome the proponents ' document RD/IP/49 . We think 
that the propo sed schedule in this document is reasonable and is in line with the elements in the 
Decision  adopted in the Ministerial Conference , if this schedule works  for the  World Trade 
Organization . Furthermore , we would like to participate in discussions aiming to extend this Decision  
to diagnostics and therapeutics , which will allow us to combat the COVID -19 pandemic.  
11.31   Thailand  
201.  Thailand wishes to join the previous speakers in thanking you and the Secretariat in guiding 
us though MC12 and achieving consensus . With respect to discussion s on paragraph 8 of the 
Ministerial Decision we support that discussions be held in a transparent and inclusive manner. In 
this regard , we like to thank South Africa and the co -sponsors for the room document RD/IP/49 . We 
remain committed and look forward to working and engaging constructively with all Members in the 
coming months . 
11.32   Switzerland  
202.  Accepting paragraph 8 of the Ministerial Decision o f 17 June was a significant concession by 
our delegation , made in an ef fort to find a consensus  on the Decision  on the TRIPS Agreement and 
the broader MC12 package. Switzerland is ready to engage constructively  in the discussion on 
paragraph 8 of the Ministerial Decision o n the TRIPS Agreement . IP/C/M/105/Add.1  
 
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  203.  The work on COVID -19 vaccines e ntailed highly complex and technical questions. This will be 
even more so the case when looking at this from the angle of therapeutics and diagnostics. One 
reason for this is that, contrary to COVID -19 vaccines , which are  single use goods, vaccines and 
therapeutics can serve multiple treatment purposes beyond and outside of the COVID -19 pandemic.4 
204.  My delegation is currently examining these and other factors internally in order to usefully 
prepare for this discussion. Internal procedures as well as consultations with stakeholders are under 
way in order for our delegation to be in a position to participate usefully in th e Council  discussion. It 
will have to  be evidence - and fact -based. It is essential that we have a good understanding of the 
situation  on the ground . This is all the more important considering that the scope of products covered 
by the paragraph 8 mandate is potentially very large. In relation to fact -based approach es, my 
delegation would like to  thank the WTO Secretariat for organizing t his Friday an Information Session 
on Innovation and Patenting Activities of COVID -19 Vaccines in WTO Members . 
205.  The Council 's discussion under para graph  8 of the MC12 Decision  on the TRIPS Agreement  
should  be Member -driven, open, transparent and inclusive. T o allow for a useful discussion, Members 
need to be given sufficient time and due advance notice to prepare accordingly for meetings.  
206.  Let me recall that engaging in this discussion is without prejudice to its outcome, and to 
delegations ' substantive positi ons. It is also recalled that IPRs and TRIPS have played an 
instrumental role for the quick development of the new COVID -19 vaccines. intellectual property 
rights  and TRIPS worked as enablers for the hundreds of partnerships formed to scale  up the 
manufact uring of the new vaccines to answer global demand. This applies similarly to the 
development and manufacturing of new COVID -19 therapeutics and diagnostics.  Also, no convincing 
evidence has been submitted that would demonstrate that IP has indeed worked as  a barrier to 
access to COVID -19 vaccines . 
207.  This said, my delegation is ready, under your guidance , Chair, to constructively engage and 
look at the facts and evidence Members will present . We thank the proponents for their room 
document RD/IP/49 , made available to Members today. As a first preliminary reaction on the 
schedule of meetings proposed in the room document , let me repeat that consultations and the 
analysis of the complex technical points involved  are currently under way. In  order to use fully 
participate in the discussion , we need the necessary time to do this work. The room document seems 
also to assume a reporting obligation  of the TRIPS Council to the General Council for the discussions 
under this agenda item. As an initial reaction , we note that paragraph 8 provides a time frame for 
discussion to decide whether or not to extend  the MC12 Decision on the TRIPS Agreement to 
therapeutics and diagnostics . The Ministerial mandate does not foresee a mandate to submit any 
intermediate report t o the General Council on the TRIPS Council discussions , and for this reason we 
see no need for the TRIPS Council to report to the July General Council meeting.  
11.33   Panama  
208.  I like to thank you and Ms Annabel Gonzále z, Deputy Director -General of the W orld Trade 
Organization , and the Secretariat  and especially the Members for the Ministerial Decision. My 
delegation thinks that it would be important to extend the sc ope to therapeutics and diagnostics . 
Like other delegations  we welcome the document submitted by South Africa, India and the other 
co-sponsors . We will look at it carefully so that we can start this discussion as soon as possible and , 
in this way , comply with the mandate as established in the Decision . It is very important that we 
are able to respect the mandate. Before concluding, I would like also to reiterate the importance 
that these discussion s be transparent and inclusive . As has  been mentioned – I do not know how 
many times  today  – it is important for all interested Members to be heard.  
11.34   Mexico  
209.  We would like to echo the words of t hanks and congratulations to the Secretariat and to you 
for the Ministerial Decision. We would like to thank t he co-sponsors for the document , and we are 
ready to comply with what it is  mandate d under paragraph 8. As has been mentioned repeatedly 
during th e negotiations of the Ministerial Decision, Mexico believes that therapeutics and diagnostics 
have a different nature from vaccines,  and they require different treatment  and further discussion. 
 
4 (According to Airfinity (a scientific analytics company), th ere are, for example, 111 COVID -19 
treatments being used in 94 other infectious diseases).  IP/C/M/105/Add.1  
 
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  We welcome the proposal for the coming meetings and for the mo ment Mexico continues to consult 
with the appropriate authorities.  
11.35   Peru  
210.  Peru welcomes the join t efforts deployed in the context of the Ministerial Conference to achieve 
an agreement on clarification and extension  of certain provisions of the TRIPS Agreement to combat 
COVID -19. We a re sure that we have a positive  and real impact on how populations ar e going to 
access vaccines no matter where they are. The flexibility within th at framework to achieve  that 
Decision  shows that we can achieve consensus  in the next few months on this new mandate included 
in paragraph 8. And here we should  clarify that the negotiations that take place in th at framework 
should be open, transparent and inclusive , as other have said.  Furthermore , we would like to 
welcome the submission of document RD/IP/49  today , which we will look over carefully together 
with the other available documents in order to be able to h old substantive discussion s that will be 
useful in the short time that we have.  
12  INTELLECTUAL PROPERTY AND INNOVATION: IP LICENSING OPPORTUNITIES  
12.1  United States of America  
211.  The United States of Ameri ca is pleased to co -sponsor this agenda item as part of a three -part 
series this year on intellectual property and financing. This agenda item hopes to foster discussion 
amongst TRIPS Council Members on the variety of opportunities that organizations have in licensing 
their IP.  
212.  Because IP licensing opportunities include a vast array of experiences across both the public 
and private sector, I will only touch on a few initiatives here  and look forward to discussion from 
other Members  about their initiatives . Starting with "Patents  4 Partnerships " is an initiative of the 
United States Patent and Trademark Office (USPTO) that brings together those who have 
technologies and want to make them available for licensing and those who have an interes t in and 
the ability to commercialize the technologies.  
213.  For those who want to make their inventions available for licensing, the IP Marketplace 
Platform provides a centralized and easily accessible place to list US patents and patent application 
publicatio ns. It offers to potential licensees a database of available technologies that permits 
searches using a variety of parameters.  
214.  The IP Marketplace Platform provides a voluntary listing of patents and patent application 
publications indicated as "available f or licensing " on external public websites or in the USPTO Official 
Gazette Notices. It also offers a link to sources that include the licensing information. The initial 
release of the IP Marketplace Platform focuses on listing technologies related to the p revention, 
diagnosis, and treatment of COVID -19. 
215.  Another USPTO initiative is the annual Women 's Entrepreneurship Symposium. Sponsored by 
the Office of Innovation Outreach (OIO) and held each year during Women 's History Month, the 
symposium raises awareness  of a variety of pathways to advance the role of women in IP, including 
best practices and successful habits for today 's fast -moving business climate. The most recent 
instalment  included a discussion featuring innovative women executives who turned ideas i nto 
commercial success stories. The OIO supports the mission of the USPTO by providing relevant IP, 
innovation and invention resources to independent inventors, small businesses, entrepreneurs, and 
underrepresented or underserved populations by creating an nual programming to help everyone 
better understand, secure,  and utilize IP.  
216.  Each year, hundreds of new inventions are made at the National Institutes of Health (NIH) and 
the Centre  for Disease Control (CDC) laboratories. NIH Institutes or Centres  (ICs) tr ansfer NIH and 
CDC inventions through licenses to the private sector for further research and development and 
eventual commercialization. To achieve the goals under the Federal Technology Transfer Act and 
related legislation, the Food and Drug Administrati on, or FDA, seeks commercial partners interested 
in developing and marketing technologies that FDA scientists have created. Collaborative research 
and development work with commercial entities generally occurs under cooperative research and 
development agr eements.  IP/C/M/105/Add.1  
 
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  217.  In the field of trademarks, brand licensing activities can enhance the reach of the brand without 
the expenses of advertising and promotion. Benefits of these partnerships include increased brand 
awareness, increased goodwill and long -term value o f the brand, broadened retail 
presence /cross- promotional opportunities, and increased touch points with existing customers and 
potential new consumers.  
218.  Licensing can also be used to support a variety of existing programs for an organization. For 
example, at the United States Marine Corps (USMC), the Trademark Licensing Office registers 
trademarks related to the military branch – logos, slogans, designs, etc., and licenses the use of 
those trademarks to commercial companies who produce USMC branded merchand ise. The 
Trademark Licensing Office polices for unauthorized use of its marks and provides educational 
information worldwide to protect and enhance the USMC brand in the commercial marketplace.  
219.  The United States Marine Corps ( USMC ) retains control over its  logos and marks, thus ensuring 
the quality and consistency of all licensed merchandise. The trademark licensing program creates a 
cooperative and positive working relationship with the manufacturers and retailers who work with 
the USMC. Copyright licensin g can help artists and musicians reach a broader audience and fan base 
with their work. A variety of private entities enable artists to license their images for use on 
commercial products. Companies that sell housewares, clothing, decor, and other items to  retailers 
need beautiful art to put on their merchandise, and many source their art from freelance artists.  
220.  Likewise, musicians rely on licensing to broaden their fan base through services like Spotify 
and Apple music, and also rely on royalties generated  by such licensing as a form of payment. Some 
forms of licensing, such as sync licensing, which pairs recordings and musical works with audio -
visual  works, can help reach a broader audience. Because copyright is a bundle of rights, 
copyright - based MSMEs a re becoming very innovative in how they leverage their bundles of rights 
as collateral.  
221.  In one example, a company provides a digital marketplace for artists and songwriters to share 
a percentage of a song 's royalties to fans and brands for royalty -based fi nancing through what the 
company calls an "Initial Song Offering® (ISO™)".  
222.  The Initial Song Offering includes a particular date and time when royalty rights will be made 
available to the public. The ISO is intended to create a focal point for awareness, de mand, and 
opportunity. Thank you and we look forward to hearing from Members about their national 
experiences with licensing of IP.  
12.2  Australia  
223.  Australia is pleased to co -sponsor this paper and would like to thank  the 
United  States  of America for its efforts in leading the drafting. This paper describes how licensing 
agreements can be a valuable pathway for owners of IP assets, whether they be individual inventors, 
artists , or businesses, to increase their markets and the revenue they can earn and in particular how 
licensing can be a valuable option for entities and individuals who may not have the resources or 
experience to develop or market their products and services.  
224.  Australia has laws, policies , and program mes to support creators, particularly small 
businesses, to explore opportunities for revenue generation, including through the licensing of 
patents, trademarks, copyright , and awareness -raising. For example, in the copyright space, we 
have a number of collective management organisations which collect and distribute royalties on 
behalf of copyright owners and that provide information, training and other resources to raise 
awareness of lice nsing as a tool for revenue generation . The arts law Australia 's artist in the black 
program me provides free or low cost specialised legal advice, education , and resources to indigenous 
Australian artists nationally , including in licensing on IP rights . 
225.  We have found that selling and licensing IP continues to be a valuable pathway for small 
companies and individuals to earn a profit from innovation for example, rights holders can allocate 
IP rights to licensees that are best positioned to enforce those righ ts – which can reduce the need 
for legal action. IP Australia is currently undertaking research to assess whether there are developed 
markets for patents and trademarks in Australia this will inform our understanding of how policies 
that promote IP trade c an complement traditional enforcement mechanisms . IP/C/M/105/Add.1  
 
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  226.  We would be interested to understand how licensing is tracked in other Members ' jurisdictions, 
and whether Members have seen changes in licensing behaviour over the years. We look forward to 
further exchang es with Members on their experiences of licensing IP in particular, on different 
licensing models and the benefits and drawbacks of each . We would also be interested  in sharing 
experiences on the ways we can raise awareness of licensing as a tool for reven ue generation for 
small businesses, inventors , and artists.  
12.3  Uruguay  
227.  We wish to congratulate and welcome the co -sponsors of document IP/C/W/691 . We 
understand that the proposal is in the direction that the TRIPS Council should take so that the privat e 
sector , which is the final user of IP rights , can benefit from our work. We would like to call the 
attention of Members  on a matter of interest with concrete outcomes , visible to our entrepreneurs . 
At the end  of the document , there are a series of questions to guide  the debate . Paragraph  8(f) 
contains the question  "what are some ways to raise awareness of IP licensing as a tool for revenue 
generation for small businesses, inventors, and artists? " 
228.   We are starting to discuss t hese issues  in the Informal Working Group on  MSMEs , here at the 
WTO;  and WIPO is developing a network with UNCTAD , ITC and the WTO to assist entrepreneurs  to 
monetize their IP assets . This would be one of the themes during the WIPO General Assemblies  and 
there will be a specific event  on MSMEs  and IP monetization,  at WIPO on 1 November . This could  
lead to synergies with the work of this Council.  
12.4  Singapore  
229.  Singapore would like to thank the United States  for its efforts in preparing the discussion paper 
on IP licensing opportunities, and we are pleased to be a co -sponsor of this paper. As of 2021, the 
value of Singapore 's receipts and payments for the use of IP totalled USD 29 billion – or 7.8% of 
Singapor e's GDP. Singapore supports the development of a healthy IP licensing ecosystem. When 
conducted well, IP licensing is a powerful tool to unlock the value of innovation. It supports the wider 
use and dissemination of innovation, while ensuring that innovato rs are rewarded for their 
contributions.  
230.  Next, we would like to share briefly on what Singapore has done to facilitate public -private IP 
licensing and commercialisation. Given the importance of building consistent practices across the 
public sector to encourage IP commercialisation, an IP expert group within the Singapore 
government developed a baseline IP licensing agreement template, as well as templates for research 
collaboration agreements.  
231.  These templates are meant to guide public agencies in navig ating IP licensing negotiations and 
research collaborations with industry partners. These templates will also enable companies to gain 
easier access to IP generated from publicly funded research and development, whilst balancing the 
interests of the govern ment. The templates include optional clauses and internal explanatory notes 
to aid agencies in customising the templates where appropriate, based on factors such as the type 
of IP, field of use, industry sector, and desired outcomes. Singapore looks forwar d to hearing and 
learning from other Members on their national experiences in IP licensing and we once again thank 
the United States of America for this paper.  
12.5  Chinese Taipei  
232.  We want to thank the United Sta tes for the paper , and we are pleased to be co -sponsors. For 
enterprises, inventors, and creators, securing funding through licensing patents, trademarks, and 
copyrights is an important source of income. We have detailed provisions on the form and subject 
matter of licensing in relevant intellectual property laws and regulations for reference to intellectual 
property rights owners.  
233.  According to our intellectual property regulations, depending on whether the rights owner and 
third-party use are excluded afte r licensing, there are two types of licensing of patents, trademarks, 
and copyrights - "exclusive licenses" and "non -exclusive licenses." In addition, "sole license" also 
exists in practice, which means that the rights owners authorize only one licensee wi thout excluding 
their own use during the license period.  IP/C/M/105/Add.1  
 
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  234.  With respect to licensing organizations, provisions for copyright collective management 
organizations are in place. Collective management groups manage copyright for copyright owners, 
administer roya lty rates and methods for distribution of royalties, and establish license agreements 
with users, with music and sound recordings as the main categories. For other types of copyrights, 
trademarks, and patents, licensing agreements are usually handled by ri ghts owners themselves.  
235.  Convenience store brand owners expand their business territory through trademark licensing, 
which should be one of the best practical examples of using intellectual property licensing in the 
Separate Customs Territory of Taiwan, Pen ghu, Kinmen and Matsu. According to statistics, by the 
end of 2020, the top five convenience store chains had a total of 11,985 stores, with an average of 
0.34 stores per square kilometre . The crucial factor for the rapid expansion of convenience store 
chains is the opening of franchises, and the authorization of trademarks is undoubtedly one of the 
key points of such franchising contracts. The franchisee obtains a complete set of business model 
and is able to use the trademark owned by the headquarters und er certain conditions; the franchiser 
can reduce the cost required for store expansion through such cooperation framework, allowing their 
brand and business territory to expand rapidly. Besides convenience stores, similar models can also 
be seen in our bea uty and apparel industries.  
236.  The Intellectual Property Office conducts annual information sessions on trademark 
applications for start-ups and small and medium -sized enterprises. It also provides counselling  and 
consultation services to assist start-ups and MSMEs in gaining a deeper understanding of relevant 
provisions and equips them with the information necessary to utilize the licensing mechanism 
effectively.  It is of paramount importance to us to figure out the means to assist rights holders in 
obtaining  funds through licensing and encourage continuous innovative development. We welcome 
Members to share relevant measures and experiences.  
12.6  Japan  
237.  First of all, the delegation of Japan would like to thank the  delegation  of the 
United  States  of America  for introducing the document IP/C/W/691 . As introduced therein, licensing 
has been widely practiced as one means to use patent rights. In particular, start-ups, small 
businesses, and universities or research institutes that are not capable or willin g to engage in their 
own manufacturing can utilize licensing to monetize their patent rights without having to create 
products at their own expense. Licenses have also been utilized not only for monetizing trademark 
rights, but also for improving brand rec ognition, which means that trademark licensing has an 
important role to play in the area of a company 's marketing strategies.  
238.  On the other hand, in addition to the fact that IP licensing can take a variety of forms and can 
often be complicated, making full  use of licenses often requires profound legal knowledge and 
abundant practical experience. For this reason, it can be a challenge for companies or institutes 
without sufficient knowledge or experience to conclude a fair and reasonable licensing agreement,  
and to effectively monetize and improve their brand recognition through IP licensing.  
239.  In this regard, the Japan Patent Office (JPO) published in 2020 the "Model Contracts for 
Promoting Open Innovation ", together with explanatory booklets, to serve as guid ance for business 
entities and universities to conclude fair IP licensing agreements. Based on the assumption of a 
specific fictitious story, each of these models provides desirable contract provisions such as those 
regarding definitions, granting of a lic ense, royalties, attribution of rights, treatment of undisclosed 
information, cancellation, damages, and dispute settlements. These are also accompanied by 
clause - by-clause explanations, as well as case studies on negotiations over terms and conditions.  
240.  These model contracts provide guidance in the area of fair contracts, as well as useful 
knowledge for conducting negotiations. While these model contracts are intended for use between 
domestic entities, they are also intended to serve as a reference for con tracts with foreign entities. 
In addition to model contracts, JPO has continuously published case studies on IP utilization, which 
introduces actual cases including those where licenses for patent or trademark rights successfully 
led to gaining profit or r ecognition. These case studies intend to contribute to the development of 
strong business strategies and the enhancement of corporate value. They share various forms of IP 
licenses as examples and are highly appreciated by Japanese IP users as reference ma terial 
providing helpful guidance when attempting to utilize IP licenses.  IP/C/M/105/Add.1  
 
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  241.  Licensing is an important issue in the field of copyright as well.  The Agency for Cultural 
Affairs (ACA)  in Japan has provided on its website "Contract Preparation Support System for  
Copyright Licensing" that semi -automates the creation of a contract template so that even those 
who are not familiar with copyright licensing can easily make a contract concerning the copyright 
licensing. And in April this year, in order to respond to the  recent situation of increasing production 
and secondary use of copyrighted works on internet platforms such as SNS, the system was 
renewed.  
242.  It is important for each stakeholder involved in the production and distribution of content to 
secure appropriately  remuneration through contracts. From this point of view, ACA conducted a 
survey on the cases of international expansion in each of the fields of characters, animes, mangas, 
games, and drama films, and have prepared and published the case studies summarizi ng key points 
in copyright licensing. We hope that today 's introduction will be useful to other Members. The 
delegation of Japan also looks forward to sharing experiences with other Members.  
12.7  United Kingdom  
243.  We would like to thank the U nited States of America  for drafting and presenting this paper and 
share some of the U nited Kingdom 's experience in this area. Firstly, on the kinds of licensing that 
are possible in the U nited Kingdom  for each right: in essence , a licence is an agreement between 
the IP right owner and another party. It grants them permission to do something that would be an 
infringement of the rights without the licence.  
244.  IP can be "licensed -out" or "licensed -in". The rights owner can "license -out" to another 
company in return for a fee. A business can "license -in" if it wants to use another company 's IP to 
develop its own business and products. In the U nited Kingdom , licences can be for patents, 
trademarks , designs , and copyright as well as trade secrets/know how. Any licence arrangement, 
including any financial element, is made directly between the licensee and the right owner.  
245.  In the case of patents, the patent holder can request that the patent be endorsed with a 
"licence of right" in the register. This means that the owner must grant a licence to anyone who 
wants one. The licence will still be an ordinary, commercial licence and the terms and fees will be a 
private matter between the licensee and licensor. The mai n advantages of having a patent endorsed 
with a licence of right is that it lets other people know that the owner is willing to licence the patent. 
Annual renewal fees are also reduced to half the usual cost if the patent is endorsed with a licence 
of righ t. 
246.  Though notifying the UK Intellectual Property Office of the grant or assignment of a licence for 
patents is not mandatory, it is recommended and will be recorded in the patents register. 
Trademarks can also be licensed by the owner to give a licensee pe rmission to use their registered 
mark. This can form part of a wider commercial arrangement, such as a franchise agreement. The 
terms of the licence are also between the licensee and the licensor, for example if the licence is 
exclusive, so the mark cannot  be used by anyone else, including the registered owner, or limited to 
a particular geographical area. Again - notifying the UK Intellectual Property Office of the grant or 
assignment of a licence for a trademark is not mandatory but is recommended and wil l be recorded 
in the trademark register.  
247.  A design owner can give someone else permission to use their registered design by granting 
them a licence, and in this instance, notifying of the grant or assignment of a licence for registered 
designs is required a nd will be recorded in the designs register. Licences can also be granted for 
unregistered designs. In addition to usual licensing arrangements, a licence of right must be made 
available to third parties in the last five years of the term of protection for  a UK unregistered design 
right.  
248.  A copyright owner may decide whether and how to license use of their work, and any licence 
agreed can relate to one or more of the rights granted by copyright, and can also be limited in time, 
geographical extent,  or any ot her way. An exclusive licence can also be granted, which enables the 
licensee to use the copyright work in the manner specified by the licence to the exclusion of all 
others, including the copyright owner. Notably, licensing may be carried out by direct ne gotiation, 
or through agents or Collective Management Organisations (CMOs). A copyright owner may also IP/C/M/105/Add.1  
 
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  prefer to allow limited access to, and use of, their work without charge – and one way to do this is 
by using a creative commons licence.  
249.  In instances wh ere a copyright owner is unknown or cannot be found, individuals or businesses 
may apply to the UK Intellectual Property Office for an "orphan works " licence. Subject to completion 
of a diligent search, and payment of appropriate fees, such a licence will be limited to the 
United Kingdom  for a maximum length of seven years and will be non -exclusive. The paid licence 
fees are retained for eight years in case the right holder comes forward.  
250.  We would also like to note that the U nited Kingdom  is also considerin g IP licensing as part of 
its futures programme, to anticipate potential evolution in the kinds of IP licensing that may occur 
due to emerging technologies and new business models. The U nited Kingdom  would also like to 
briefly look at the benefits of IP li censing: when a company licenses the right to manufacture and 
sell products. the costs and risks are shared between the licensor and the licensee. The licensor will 
receive revenue from licensing but will not take the risk of manufacturing, promoting, or s elling the 
licensed products. The licensee will have the right to use the IP without incurring the expense and 
risk of undertaking research, or the cost of developing the product.  
251.  Some of the potential benefits to the licensor will include increasing reven ue by broadening 
the reach of IP into different markets. Market penetration would be increased by licensing another 
business to sell in territories that the owner cannot cover. Though exceptions and limitations exist 
within the IP framework, a licence usua lly provides a higher degree of business certainty than relying 
on an exception.  
252.   The potential benefits to a licensee include reducing research and development costs by 
"licensing -in" innovation. By taking a licence, a business may tap into expertise that  it does not have 
in-house. A business may save time and get its products or services to market more quickly by 
acquiring a licence to use existing IP, rather than starting from scratch. Acquiring a licence to use 
existing IP may help a business obtain a c ompetitive advantage over its competitors. So, both 
licensors and licensees can benefit from collaboration to develop new products and services, creating 
a highly beneficial partnership.  
253.  I hope that these highlights from how licencing of IP works in the U nited Kingdom  have been 
of interest to Members, and I would like to again thank the U nited States of America  for their paper 
on this topic.  
12.8  European Union  
254.  The E uropean Union delegation is pleased to co -sponsor this agenda item together with the 
Delegations of Hong Kong, China; Japan; Singapore; Switzerland;  Australia;  Chinese Taipei; 
Canada; the United Kingdom; and the United States  of America . 
255.  We thank in particular the United States of America for its acti ve role in the drafting of the 
document submitted today to the TRIPS Council. We also thank them for their full and constant 
involvement in the coordination of the Group. The Intellectual Property Rights (IPRs) play an 
increasingly important role in corpor ate strategy. The intangible assets created through innovation 
and creation represent a major share of the value of today 's businesses.  
256.  At the last TRIPS Council in March , we focused on the access to finance and the role of IPRs, 
notably for the SMEs. On this occasion, we mentioned the EUIPO SME scoreboard of 2019 which 
states that only 13% of SMEs owning IP rights tried to use intangible assets to obtain finance: 9% 
succes sfully and 4% unsuccessfully. Additionally, only 25% of medium -sized IPR owners have 
professionally valued their intangible assets, and this drops to 20% for small and micro -sized IPR 
owners.  
257.  The IPRs associated with intangible assets are the legal guarant ee for potential returns on 
investment in innovation and a means to get funding. IP assets are economic resources that have 
no physical presence and can include patents, trademarks , trade secrets, designs , or copyrights. 
Just like other assets owned by a c ompany, IP assets have a value. Such assets have the capacity 
to be converted into higher profits and value for the company.  However, quantifying that value can IP/C/M/105/Add.1  
 
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  be a challenge, notably for SMEs, and the valuation of IP, in particular industrial property, r emains 
a major obstacle to IPR being considered as tradable assets, ready to be licensed.  
258.  The EUIPO, through its European Observatory on Infringements of IPRs has carried out some 
EU-wide studies on the subject of IP and financing, notably one dedicated to  the licensing activities 
by SMEs. This Study focus more on trademark  and design but other IPRs are covered, notably patent 
and copyright.  It is worth noting that generally the studies or other surveys tend to focus on the 
large companies, ignoring the sma ller firms, which are the backbone of the EU 's economy. SMEs in 
general do not have a stock price or market valuation, this is why the valuation of IPRs in the EUIPO 
study is based on the objective results of a survey administered to SME owners of IPRs.  
259.  The general conclusion is that the economic benefit derived from licensing IPR s can be used 
to calculate the capitalised value of the IPR s as the total income expected to be realised over its 
economic lifespan. The revenues obtained from licensing any IPR is  an annual flow received by a 
firm and can be used to estimate the value of the intangible asset represented by the ownership of 
the IPR. As said the capitalised value of an asset is the total income expected to be realised over its 
economic lifespan.  
260.  Licence agreements concluded by the E uropean Union SMEs include mainly the use of 
European  Union Trademarks  (EUTM) , but not only. The average total annual revenue from licence 
agreements (some firms declare more than one type of agreement) is in terms of annua l averages 
EUR 68 ,929 per firm during the period 2013 -2017. SMEs in the service sector are more likely to 
license out their EUTMs and earn higher revenues from those licences, both in absolute terms and 
relative to average turnover, than firms in the manuf acturing and trade sectors.  
261.  Licences by micro firms represent a high share of their average turnover ( around 29%) and 
are thus an important revenue source for such firms. The annual licence agreement is the type of 
licence associated with the highest annua l revenue, followed by multiyear agreements and royalty 
deals. The annual estimated average revenue from licensing an EUTM during the period 2013 -2017 
is EUR 64 ,924, equivalent to 5.7 % of the average turnover for SMEs in the E uropean Union. The 
estimated annual revenues from licensing out EUTMs during the period 2013 -2017 by all SMEs is 
EUR 1.9 billion. The gross capitalised value of EUTMs licensed by SMEs along their entire expected 
life is EUR 38 billion . 
262.  I would like now to describe briefly one of progr ammes managed and financed by the EU which 
will aim at making the IP licensing more efficient: Toolbox for efficient IP licensing for market uptake 
and societal value creation (CSA). IP and use of different types of collaboration contracts, licenses 
and po oling agreements are key elements of the process by facilitating technology sharing, 
increasing scaling up and thereby creating new capacities and industries.  
263.  In line with the EU IP Action Plan and the Report on an IP action plan to support EU 's recovery 
and resilience by the European Parliament, this action will promote better IP management in 
research and innovation in view to materialise excellent research into innovation that is benefitting 
the society and businesses in the EU.  
264.  The proposals included in  this Toolbox are expected to contribute to promote effective use and 
deployment of IP ensuring easier access to and sharing of IP -protected assets. It also provides 
models to improve the preparedness to respond to future emergencies via efficient technolo gy 
licensing.  
265.  This IP toolbox will help companies, public research organisations including universities and 
the relevant intermediary entities to establish quick and efficient co -operation and licences with 
businesses, as well as practical examples of ince ntives which can motivate private sector to commit 
voluntary licensing for other areas e.g. , climate change emergency.  
266.  This action will harvest the lessons learned as well as practical experiences and assess how 
these new practices and tools could be trans ferred to other emergencies e.g. , addressing climate 
change effects (floods, droughts, fires etc). and helping the society to increase preparedness for any 
future emergencies.  IP/C/M/105/Add.1  
 
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  12.9  Switzerland  
267.  The Swiss delegation would like to thank the U nited States of America  for introducing 
submission IP/C/W/691  for the TRIPS Council 's dis cussion today.  Switzerland is pleased to 
co- sponsor the agenda item, as well as the Submission addressing the opportunities of licensing IP 
rights. Licensing can be implemented for patents, copyright, trademarks , and designs. All IP owners 
are able to emp loy licensing in different ways and to various extents. In this sense, it is important 
to actively promote this topic and understand the dynamics and the needs of the participants in this 
ecosystem.  
268.  Licensing plays a central role for many intermediaries in  the IP ecosystem and can be 
implemented in different ways and for various reasons. The importance of the issue for the Swiss 
economy is most evident in the trade of services. Services account for more than a third of total 
Swiss foreign trade and have inc reased sharply in the last decade. In terms of exports in the service 
sector, license fees for the use of IP are the most important with a share of 23 % and, along with 
R&D, demonstrate the highest growth. Licensing fees also account for 14% of imports.5 In this 
context, licensing is used by spin -offs, artists who want to spread their work to a larger audience 
and large companies that are active at the international level. There exist no specific obligations on 
licensing contracts in Swiss legislation; the parties to a licensing agreement are free to negotiate all 
aspects of it. Due to the diversity and freedom in licensing, there are different services available to 
provide assistance during the licensing process.  
269.  Firstly, at Swiss universities, technology t ransfer offices manage and negotiate the terms and 
conditions for the licensing of IPRs. Secondly, in the area of copyright protection, five collective 
management organizations help to make licensing more efficient. The technology transfer o ffices 
and the collective management organizations use their knowledge to help design an optimal licensing 
strategy and support the actual rights holders in the respective area.  
270.  The Swiss Federal Institute of Intellectual Property (IPI) conducted a study on IP support 
services for SMEs which not only examined the existing IP services, but also the needs of SMEs and 
close intermediaries. In this context, those surveyed highlighted the importance of active licensing 
– not only for generating revenue but also for encouraging  collaboration and taking advantage of 
synergies between partners with different key competencies. However, the study also highlighted a 
number of challenges associated with licensing. As mentioned, under Swiss legislation, license 
agreements, which are sui generis  contracts, can be freely negotiated between the parties, which 
can put smaller, inexperienced companies at a disadvantage vis -à-vis larger partners with the 
support of legal departments specialized in the field. Therefore, some participants in th e study asked 
for legislation that provides standard solutions and binding templates for licensing agreements. This 
in turn is considered undesirable by other stakeholders who emphasize the individual features 
licensing contracts should be able to incorpor ate in order to appropriately reflect the needs of 
different partners in a specific license agreement.  
271.  The IPI is also active in respect of awareness raising. With regard to the previously mentioned 
challenges, the IPI recommends that businesses and organi zations retain a specialized attorney for 
negotiating and writing licensing contracts. A list of specialists in this field is available on the IPI 
website, which should help right holders to work out the best possible licensing strategy for their 
needs.6 General information as well as a checklist with the most important considerations for a 
licensing strategy are also available on the IPI 's website. For Swiss IP specialists and patent 
attorneys, the IPI offers specific training modules on the subject of li censing.7 
272.  Licensing can provide tremendous opportunities for a wide variety of businesses and is 
applicable for all IP rights. Due to the wide variety in licensing contracts, it is important to identify 
the needs of a specific organization first in order to use this legal instrument in a beneficial and 
efficient manner. We are looking forward to learning from the other delegations on their national 
experience and to sharing best practices with one another.  We would like also to thank all the 
Members that h ave already made a statement on this agenda item.  
 
5 Die Volkswirtschaft. 2021.  
6 IGE Checkliste. 2022.  
7 IGE Modul. 2022.  IP/C/M/105/Add.1  
 
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  12.10   Canada  
273.  Canada is pleased to take part in today 's thematic discussion on "IP licensing opportunities ", 
under the agenda item of "IP and innovation ". Canada would like to thank the United States  of 
America  for drafting the discussion paper for this topic under document IP/C/W/691 , as well as the 
co-sponsors for their valuable insights today regarding national experiences on the topic of IP 
licensing. Canada would be also pleased to take this opportunity to share some initial reflections and 
national experiences on this topic.  
274.  As the discussion paper for this topic sets out, and as some delegations have already noted 
today, if a creator or innovator has an idea that i s commercially viable and possesses the IP rights 
necessary to enter the market, a key consideration is to decide how to do so. Of course, one option 
is to sell IP -protected goods or services directly to customers, or indirectly by way of an online 
platfor m. Similarly, an innovator or creator may decide to develop an export strategy and to sell 
their goods or services to other markets, in order to reach an even broader and global consumer 
base. However, for those creators and innovators that do not have the  resources to manufacture 
and sell their IP -protected goods and services directly, such as small and medium -sized enterprises 
(SMEs), IP licensing can serve as an important strategy for those seeking to commercialize their 
ideas and bring them to market. I P licensing can also be an important tool for businesses that may 
need to license goods or services as inputs into production along a value chain. Licensing can also 
be useful for those SMEs seeking to enter a foreign market, where it may be easier to oper ate with 
a local licensee.  
275.  Ensuring that IP rights holders, including SMEs, have the appropriate educational tools and 
resources at their disposal is important in helping them decide which forms of licensing may be best 
suited to their particular IP strate gy. As noted in previous meetings of the TRIPS Council, the 
Canadian Intellectual Property Office (CIPO) recently launched an online IP academy, which features 
a suite of informational materials and interactive learning resources for businesses and 
entrepr eneurs. Notably, for the purposes of today 's discussion, the IP Academy includes a 
recently - developed "Massive Open Online Course " on the "Foundations of IP Strategy ", as developed 
with the Canada -based Centre for International Governance Innovation, whic h offers a learning 
module on the topic of IP licensing. This learning module, which is available for free online at the 
website cigimooc.org, provides an overview of IP licensing agreements, including basic principles to 
consider when entering into a lice nsing agreement, IP licensing agreements as they related to 
specific types of IP, overviews of innovative licensing approaches like creative commons and 
open-source licensing, and general considerations for enforcing IP licenses.  
276.  In addition, CIPO also mai ntains an online web resource on IP licensing, which provides an 
overview of licensing types, including exclusive and non -exclusive licenses, as well as sole licenses. 
This resource also provides important considerations for both licensors and licensees, s uch as on 
common forms of licensing payment, as well as on topics like sub -licensing and franchising. While 
today 's thematic discussion may not permit time to go into detail on each of these interesting topics, 
we would encourage interested delegations to visit CIPO 's dedicated web page on this topic online, 
by searching for the title "Ways to take your idea to the market " and CIPO.  
277.  Finally, Canada would like to briefly draw attention to the ways in which governments can 
encourage and facilitate the licensi ng of IP, including by way of resources to help increase awareness 
of available IP among prospective licensees. For instance, in August 2019 as part of Canada 's 
national IP Strategy, the Department of Innovation, Science and Economic Development (ISED) 
launched ExploreIP, an IP marketplace tool for tool to help businesses, creators, entrepreneurs and 
innovators discover IP held by public sector institution. Through ExploreIP, users can easily contact 
IP holders to discuss and negotiate a licensing arrangeme nt. Users can also use the database to 
locate and contact research organizations with technology relevant to a specific industry for potential 
collaborations.  
278.  In addition, Canada also maintains a dedicated web page on "Commercialization and licensing 
oppor tunities " in respect of technologies developed by ISED, the National Research Council, 
Agriculture and Agri -food Canada, and Defense Research and Development Canada. For instance, 
Agriculture and Agri -food Canada maintains online resources related to licen sing opportunities for 
crops, environmental technologies, bioproducts and bioprocess technologies that are available for 
commercialization. Similarly, with respect to technology in emerging sectors like green technology, 
CIPO maintains a database of green technology patents, which provides details on patents granted IP/C/M/105/Add.1  
 
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  in this area. Online marketplaces and related resources can serve as useful tools for prospective 
licensees, helping collaborators identify the range of available opportunities for licensing, as  well as 
providing innovators and creators with a platform to reach a broader base of potential collaborators.  
279.  Canada would again like to thank the co -sponsors of this informative topic, and other Members 
for sharing their valuable insights and national ex periences on IP licensing as part of today 's thematic 
discussion. Canada would be pleased to share any of the above -noted resources with other 
delegations upon request and looks forward to informally exchanging further insights with other 
Members on this t opic going forward.  
12.11   Hong Kong, China  
280.  The paper before us today provides an overview of possible licensing across a range of IP 
assets, including patents, copyright, trademarks , and know -how. Licensing is one of the most 
dynamic forms of IP trading which enables more flexible and diversified use of IP rights, thereby 
unleashing fully their economic value. The creativity of international licensing agents and licensees 
can often turn a popular cartoon figure or a trendy graphic into a wide range of merchandise products 
ranging from clothing, stationeries, houseware to games.  
281.  As one of the co -sponsors of the paper, I would like to briefly share the IP licensing landscape 
in Hong Kong , China . Hong Kong , China  positions itself as a regional IP trading centre. We have a 
sound legal system, sophisticated financial markets, world -class professional services, close ties with 
the Mainland of China, as well as rich experience and expertise in working with the rest of th e world. 
We also provide robust protection for IP rights.  According to the 2019 Global Competitiveness Report 
released by the World Economic Forum, Hong Kong , China  was ranked 5th out of 141 economies in 
terms of IP protection.  
282.  The relevant authorities in  Hong Kong , China  have been implementing a wide range of 
measures to promote IP commercialisation and IP trading. Such measures include:  
a. Organising large -scale IP forums and licensing conferences, such as the Business of 
Intellectual Property Asia Forum to  promote Hong Kong , China 's competitive advantages 
in IP trading, as well as the Hong Kong , China  International Licensing Show , and the Asian 
Licensing Conference to assist licensors and licensing agents to search for partners (i.e. , 
match making) and look  for business opportunities;  
b. Supporting small and medium -sized enterprises, the backbone of the Hong Kong, China 
economy, by providing IP training programmes and free IP consultation service, assisting 
them in building up their IP manpower capacity and boo st competitiveness through IP 
management and commercialisation;  
c. Promoting the resolution of IP disputes through arbitration and mediation, as part of the 
wider effort to develop Hong Kong, China as an international legal and dispute resolution 
services cen tre. Among other things, amendments were made to the local laws to clarify 
that disputes over IP rights may be resolved by arbitration;  
283.  Looking ahead, the IP licensing landscape in Hong Kong , China  will continue to thrive and 
evolve. We will continue to st rengthen Hong Kong , China 's role as a regional IP trading centre. We 
look forward to hearing from other Members their experiences in the field of opportunities in IP 
licensing . 
12.12   China  
284.  China would like to thank the co -sponsors for their continued attention and efforts in the field 
of IP and innovation. The discussion on this topic would contribute to extensive exchanges among 
Members and hence help promote good practices. We would like t o share our practices as follows.  
285.  The first is about patent open licensing. In IP licensing, under agreed terms and conditions, 
the IPR holders grant licensees use of patent for specific purposes within prescribed region and time. 
IP licensing could genera lly be categorized as general licensing, exclusive licensing , and sole 
licensing. In 2020, China carried out the fourth revision on the patent law, adding patent open IP/C/M/105/Add.1  
 
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  licensing system, which has been implemented since June 2021. The system is designed to f acilitate 
relevant market players to obtain patent licensing and reduce transaction costs by solving the 
problem of information asymmetry between suppliers and demanders of patented technologies. In 
patent open licensing, a patent holder could voluntarily declare to competent authority in writing 
that he is willing to license any entity or individual to implement his patent and publish the 
announcement, then any entity or individual could gain the patent license by paying license fee 
according to the patent ee's requirement. To date, China has carried out pilot projects in several 
provinces. 3,165 cases of patent open licensing from 72 universities and enterprises have been 
registered and then accurately matched with 18,631 small and medium -sized enterprises.  Among 
them, the province of Zhejiang has achieved 118 licensing transformation projects, with a total of 
306 small and medium -sized enterprises registe red so far. Moreover, we will revise the implementing 
regulations of patent law to ensure effective impl ementation of patent open licensing system.  
286.  The second is about patent dispute settlement mechanism. In order to ensure the 
implementation of patent licensing system, China has established relevant dispute settlement 
mechanisms. For example, in July 2021, China established an early resolution mechanism for 
pharmaceutical patent disputes. This mechanism deals with patent dispute regarding drugs in the 
process of premarket review and approval, so as to protect the legitimate rights and interests of 
drug paten t holders and reduce the risk of patent infringement after generic drugs enter the market.  
287.  The third is about trademark licensing. According to the trademark law, a trademark holder 
could allow another person to use his registered trademark by signing a tr ademark licensing 
contract. Where a registered trademark is used with permission, the name of the licensee and the 
origin of the goods must be indicated on the products. In order to standardize the relevant 
procedures, the competent authorities also issued  guidelines, stipulating detailed provisions on 
trademark license filing procedures. China attaches great importance to IP protection and is on the 
way to implementing the intellectual property power strategy. We would like to from other Members 
so as to further the discussion in the future.  
12.13   Chile  
288.  First of all , we would like to thank the sponsors for introducing this interesting subject for the 
consideration of Members . IP licensing is fundamental in promoting an ec osystem which favours 
innovation , and which serves as a tool for development . The various  areas where this occurs in a 
country , as well as the intensity and frequenc y, have provided us with useful information to identify 
the strengths  and weaknesses in nat ional systems  for promoting and transferring  technology, 
knowledge diffusion, culture , and arts. In our case , trademark  licensing is one of strongest areas in 
the country thanks to a high level of knowledge in the pr ivate sector. In terms of copyright and 
collected rights , we should mention the work of the collective management entities , which assist 
their members in the licensing process . We are of the view  that in order to ensure a successful 
participation in the fou rth industrial revolution, the use of science, technology and innovation is 
required  in relevant areas  to devel op the public and private sector s in our country. Undoubtedly , 
licensing of patents  and transfer of know -how a re fundamental  elements for achievi ng these 
objectives. With this in mind, the universities have strength ened their units and  teams to foster  the 
use of the knowledge generated in these universities by the productive areas of the country , and 
their strategies to protect these assets . We should note that , according to information provided by  
the National Institute of Intellectual Property  (INAPI), universities submitted almost 20% of patent 
applications in Chile between 20 00 and 202 0. A successful system requires improving the knowledge 
and strategic value of industrial property knowledge for entrepreneurship and innovation , 
particularly in SMEs . This is why INAPI has provided advisory services on strategic management of 
IP assets  and has  advised more than 30 entrepreneurs  in the S tart-Up Chile Programme and 
ProChile. These trainings  prioritize the strategic use of IP  assets , focusing on their commercial use 
through licensing tools.  
289.  Finally, we would like to highlight a program me, which was launched in March this year  by the 
national mining company , CODELCO , which is called "Open CODELCO ". This programme  allows 
selected companies , natural and  legal persons , and organizations to access licenses to develop , use, 
manufacture  and/or commercializ e patents held by  CODELCO in a mutual benefit framework. 
Listening to the good practices  developed by  other Members , as well as  the challenges they are 
facing to realize the opportunities offered by licensing, is of fundamental interest for our delegation , 
and this is why we would like to reiterate our appreciation  to the co-sponsors . IP/C/M/105/Add.1  
 
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  12.14   World Intellectual Property Organization  
290.  The World Intellectual Property Organization ( WIPO ) create d a new sector in 2021 – the IP 
and Innovation Ecosystems Sector – that is designed to provide comprehensive support to member 
states and stakeholders in strengthening national innovation ecosystems. We provide support to 
national authorities in developing  IP strategies and plans. The idea is to enable various stakeholders 
to leverage IP for bringing ideas to the market. We have programs that help innovators, research 
institutions, universities, knowledge and technology transfer organizations, incubators , and 
accelerators to protect and commercialize their innovations. We help start -ups and enterprises, 
especially small businesses, to increase their competitiveness through the use of IP, expand into 
new markets and utilize IP for securing capital. Our altern ate dispute resolution services and support 
to judiciary help resolve disputes efficiently and often out of court, which saves time and money.  
291.  Licensing , and disputes over licensing relate to a number of areas of the Sector 's work. The 
following three area s may be highlighted:  
292.   The IP for Innovators Department (IPID):  
a. The Technology Transfer Section (TTS) of WIPO supports the overall delivery by the IP for 
Innovators Department and contributes specifically tailormade IP licensing technical 
assistance for the Member states.  
b. The contributions include the assistance to Tec hnology Transfer Offices 
(TTOs)/Universities, in the area of drafting their IP policies; the organization of 
trainings/online courses on IP licensing featuring world renowned experts (e.g. the 
Licensing Executives Society International (LESI)); the develop ment of training materials, 
such as the Successful Technology Licensing Guide (STL Guide) - a user -friendly manual 
aimed primarily at the business community, technology managers and academia dealing 
with licensing in the course of their work.  
c. In 2022, a re view/update of the STL Guide was undertaken, and is planned to be 
disseminated by the end of the year. The revision aims to provide additional insights into 
recent information and highlight new trends in licensing and technology transfer that have 
emerged in the post COVID -19 period, particularly in the pharmaceuticals and 
biotechnology areas.  
d. More information about TTS activities can be found here: 
https://www.wipo.int/technology -transf er/en/index.html . 
293.  The WIPO Arbitration and Mediation Centre : 
a. A large part of the WIPO Arbitration and Mediation Centre  (WIPO Centre )'s mediation and 
arbitration caseload relates to IP licensing agreements (including patents, trademarks, 
copyright and software), as well as Research  and Development (R&D) and technology 
transfer agreements. Most of these cases are international in scope, a nd increasingly 
involve parties based in developing Member states.  
b. The WIPO centre  collaborates with relevant stakeholders and organizations in the 
development of Model Research  and Development (R&D)  Agreements including WIPO 
Mediation and WIPO Expedited A rbitration clauses, and regularly administers cases 
submitted under such clauses. This includes, for example:  
i. European Union: DESCA 2020 Model Consortium Agreement for the European Union 
research funding program Horizon 2020  
ii. Germany: Sample Agreements for Research and Development Cooperation by the 
Federal Ministry for Economic Affairs and Energy  
iii. Spain: Spanish Patent and Trademark Office (OEPM) Model Agreements  IP/C/M/105/Add.1  
 
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  c. Nearly 15% of WIPO mediation and arbitration cases involve parties from the life sciences 
sector , including vaccines. As part of the WIPO COVID -19 Response Package, the WIPO 
centre  has recently launched new ADR options to facilitate contract negotiation and dispute 
management in long -term life sciences licensing agreements and collaborations.  
294.  The IP for Business Division (IPBD) : The work of the IPBD in particular,  relates to  tools, guides 
and clinics:  
a. The IPBD develops easy to understand business -oriented tools and materials that enable 
small businesses and start-ups to understand the IP system and us e it to support their 
business strategies. It 's flagship series of guides is the IP for Business series of guides 
https://www.wipo.int/publications/en/series/index.jsp?id=181 . These explain the 
different IP rights and how they may be identified, protected, exploited and managed. The 
latest in this series is a guide for start-ups taking the start up  from idea to market and the 
intersection of IP in that journey. This is also support ed by infographic that follows the 
contours of the guide. https://www.wipo.int/sme/en/enterprising -ideas/  
b. IPBD also developed an online IP self -assessment tool 
https://www.wipo.int/ipdiagnost ics/en/index.html  which consists of two levels of 
questionnaires about different aspects of a business and the answer  to these questions 
results in an automatically generated report which allows the user to get a preliminary 
idea as to the existence of IP assets, if they are protected and how they may be exploited. 
It is a preliminary step to developing an IP strategy. This tool is available in all U nited 
Nations  languages and Japanese.  
c. Another service provided by the division is the IP Management Clinics which brings 
together a select number of businesses, usually from a specific sector/industry, with the 
goal of assisting the companies to develop their IP commercialization strategy and provide 
them with guidance on how to use the IP system across the various stages of their business 
development from concept to market.  
13  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
13.1  WTO Secretariat  
295.  As in previous occasions an d for Members ' information, the Secretariat will provide a brief 
update of the issues related to intellectual property policy that have come up in the most recent 
Trade Policy Reviews.  
296.  Since our last report during the TRIPS Council Meeting in March, the fo llowing Trade Policy 
Reviews have taken place: United Arab Emirates, Pakistan, Switzerland and Liechtenstein, New 
Zealand and Ghana. During these reviews, delegations engaged in the discussions and sought further 
details on:  
a. The domestic implementation of the TRIPS Agreement;  
b. Institutional arrangements for the administration and enforcement of intellectual property;  
c. Copyright and related -rights regimes;  
d. Trademark regime;  
e. Protection of geographical indications;  
f. Patent regime;  
g. Protection of new plant varieties;  
h. Enforcement, online and at the border; and  
i. Measures taken in response to the COVID -19 pandemic.  IP/C/M/105/Add.1  
 
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  297.  The Secretariat has also contributed with the chapters on Intellectual Property for the 
upcoming G20 and WTO wide Director -General 's Monitoring Repor ts. We would like to thank 
Members and Observers that sent information about the measures that were implemented since 
October 2021. These inputs by delegations are essential in assisting the Secretariat to prepare the 
reports in the most accurate and compr ehensive manner.  
14  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
14.1  China  
298.  We would like to repeat our position on this issue. The relationship between TRIPS and the 
Convention on Biological Diversity (CBD ) is an important issue in the TRIPS Council. Inviting the 
CBD Secretariat as an observer to the TRIP S Council will update the CBD Secretariat on the 
discussion and developments in the Council, and correspondingly  help WTO Members better 
understand the principles, requirements and work of the CBD. We believe that the mutual support 
and deep communication between the CBD secretariat and the WTO will contribute to our discussion 
at the TRIPS Council.  
299.  Again, with rega rd to the South Centre , its role in serving the progress and development of 
developing Members has been widely recognized, and it has carried out numerous research  in the 
fields of intellectual property, technology transfer and knowledge accessibility, whi ch has enhanced 
developing Members ' understanding and application of the TRIPS Agreement.  
300.  Therefore, China would like to reiterate our support for granting the CBD Secretariat and the 
South Centre observer status, at least on an ad hoc  basis.  
14.2  Bangladesh  
301.  Bangladesh supports that the CBD Secretariat  and South Centre should be invited with 
observer status in the TRIPS Council.  
14.3  Indonesia  
302.  Indonesia would like to reiterate our support to the request made by the South Centre and the 
Secretariat of the CBD to be accorded observer status at the TRIPS Council. We believe that a closer 
cooperation and liaison between the WTO and both organizations will enrich and mutually support 
each other 's work accordingly.  
14.4  Venezuela, Bolivarian Republic of  
303.  Venezuela reiterates its support to have these organizations be observers at the TRIPS Council.  
14.5  United States of America  
304.  The United States of America cannot join the Members seeking to include the CBD or the South 
Centre as an Observer either on a permanent or ad hoc  basis. The United States values the 
contributions of Member states and is satisf ied with the current set of ad hoc and permanent 
observe rs. We do not see a gap that need s filling by adding new Observers at this time.  
14.6  Egypt  
305.  Egypt supports the statements made to support the request made  by the South Centre and 
CBD Secretariat to become observers at the TRIPS Council.  
14.7  Tanzania,  on behalf of the African Group  
306.  We echo the posit ion of the African Group that we have been in support of granting observer 
status for these two organizations and our position has not changed and I would like to ask other 
Members to be flexible in granting these organizations the observer status, at leas t on an ad hoc  
basis as a starting point.  IP/C/M/105/Add.1  
 
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  14.8  South Africa  
307.  We would like to, as made by the distinguish delegate of Tanzania on behalf of the African 
Group, once again express our support for the inclusion of these two entities and we also would like 
to indicate that our delegation has a great interest in having b ilateral discussions with those which 
are not in a position to join consensus  to admit these institutions because we feel it will be useful to 
have a better appreciation of the reasons and perhaps with the bilateral engagement we could seek 
to address  any obstacles.  
15  OTHER BUSINESS  
15.1  Annual Review of the Special Compulsory Licensing System  
308.  No statements were made under this agenda item.  
15.2  20th Annual Review under Paragraph 2 of the Decision on the "Implementation of 
Article 66.2 of the TRIPS Agreement"  
15.2.1   WTO Secre tariat  
309.  The Secretariat is now planning to organize the annual Workshop on the Implementation of 
Article 66.2 of the TRIPS Agreement in early 2023. The exact dates and programme will be 
communicated to Members at the later stage.  
310.  As you might recall that, to assist with the Secretariat 's preparations for this annual workshop, 
we have invited LDC Members to answer a survey ques tionnaire on current areas of needs and 
priorities for technology transfer in their respective countries since 2021. Since then, we have 
received responses from 18 LDC Members. The detailed survey results have been presented to our 
Members in the annual wo rkshops  in 2021 and 2022 . The survey results have been  very valuable in 
guiding the Secretariat in preparing the annual workshop and to ensure that the workshop are 
grounded in the practical needs of the LDC Members concerned.  
311.  At the TRIPS Council 's meetin g of March this year, the LDC Group requested the Secretariat 
to compile a list of priority technologies as identified by the LDCs in the annual workshops , as well 
as in the survey questionnaire and to report this to the next TRIPS Council meeting. They also 
indicated that the information provided should be of use to the Secretariat in designing future 
technical assistance program mes, and to the reporting countries for their attention.  
312.  Upon this request, the WTO Secretariat has started to compile the se responses received  from 
18 LDC Members.  After the consultation with the LDC Group, we have circulated the updated survey 
questionnaire among LDC Members and invited them to answer the questionnaire by 2 September 
2022 through their respective permanent missions  in Geneva. This will allow the Secretariat to have 
a sufficient time to prepare a comprehensive compilation of the survey results and to prepare the 
workshop the programme according to the needs and priorities  identified by the LDC Members. It 
will also enable the reporting countries to have sufficient  time to prepare their contributions to this 
annual workshop.  
313.  Last, I would like to emphasise that the survey questionnaire  is an optional tool to assist with 
preparations for the annual workshop. It has no bearing on WTO Members ' rights and obligations 
under the WTO TRIPS Agreement.  
15.3  Work Programme on Electronic Commerce  
314.  No statements were made under this agenda item.  
15.4  Date of Next Meeting  
315.  No statements were made under this agenda item.  
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