RESTRICTED  
  
IP/C/M/107  
 
17 April 2023 
(23-2738) Page: 1/10 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 16 -17 MARCH 2023  
Chair: H.E. Ambassador Dr Lansana GBERIE  
The present document contains the record of the meeting of the Council for TRIPS held on 
16-17 March 2023. The statements made during the meeting will be circulated in an addendum to 
the present document.  
_______________  
Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ...... 2 
2   REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ............  3 
3   IP AND COVID -19 ................................ ................................ ................................ .... 3 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ ..................  4 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ..............................  4 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ... 4 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ ......................  5 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMEN T UNDER  
ARTICLE 71.1  ................................ ................................ ................................ ...............  5 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 2 4.2 ................................ ....................  6 
10   FOLLOW -UP TO THE TWENTIETH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE 
DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE  TRIPS AGREEMENT  .......  6 
11   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ............  7 
12   PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT 
ADOPTED ON 17 JUNE 2022  ................................ ................................ .........................  7 
13   INTELLECTUAL PROPERTY AND INNOVATION: CROSS -BORDER COOPERATION 
AMONG IP OFFICES  ................................ ................................ ................................ ...... 8 
14   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ................  8 
15   OBSERVER STATUS FOR INTERNATIONAL INTER GOVERNMENTAL ORGANIZATIONS  9 
16   OTHER BUSINESS  ................................ ................................ ................................ .. 9 
17   ELECTION OF CHAIRPERSON  ................................ ................................ .................  9 
 
 IP/C/M/107  
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
1.  The Chair invited the Secretariat to update delegations on the notifications under various 
provisions  of the TRIPS Agreement that had been submitted since the meeting in October 2022  and 
said he would then offer the floor to del egations wishing to introduce their notifications.  
2.  A representative of the Secretariat  said that the Council had received the following notifications, 
under Article 63.2 of the TRIPS Agreement:  
a. A number of the member States of the European Union had notifi ed a significant number 
of primary and secondary domestic laws relating to the substance and the administration 
of their respective IP systems. These EU member States were Bulgaria , Latvia , Austria , 
Lithuania , Denmark , Italy, Portugal , and Ireland .  
b. Canada  had notified an amended set of patent rules.  
c. Ukraine  had notified two laws relating to geographical indications and a cabinet resolution 
addressing issues of the National Intellectual Property Authority.  
d. Costa Rica  had notified a significant number of la ws and regulations relating to the entirety 
of its substantive IP system.  
e. Japan  had notified consolidated versions of the Trademark Act and the Designs Act.  
f. Hong Kong, China  had notified Rules and an Ordinance related to Registered Designs.  
g. Chinese Taipe i had notified its Copyright Act, its Patent Act, as well as Enforcement Rules 
of the Patent Act.  
h. Saudi Arabia  had notified the Law and implementing regulations relating to Arbitration. It 
had also notified Executive Regulations relating to the Copyright Law and the Patent Law.  
i. Australia  had notified amended Copyright Regulations which extend protection for 
secondary uses of foreign sound recordings to additional countries that provide equivalent 
protection to Australian sound recordings.  
j. The United Kingdom  had notified regulations relat ed to the market organization and 
protection of agricultural products, food and drink after its withdrawal from the European 
Union.  
k. The Gambia  had notified its 2021 Intellectual Property Bill and related 2022 Regulations . 
l. Korea  had notified its Agricultural and Fishery Products Quality Control Act.  
3.  Ireland , El Salvador , the European Union  and The Gambia  had notified a contact point for IP 
enforcemen t under Article 69.  
4.  Austria , El Salvador , Botswana and The Gambia  had also submitted new or updated responses 
to the Checklist on Issues of Enforcement . 
5.  The Chair invited delegations that had provided new or revised notifications to the Council to 
introduc e those notifications. The representatives  of Canada ; the United Kingdom ; Australia ; 
Ukraine ; Hong Kong , China ; Korea , Republic of ; Chinese Taipei ; the European Union ; Japan ; 
Costa  Rica; The Gambia ; and the Russian Federation  took the floor.  
6.  The Chair invited the Secretariat to introduce the "Annual Report on Notifications and other 
information flows"  (document IP/C/W/6 96).  
7.  A representative of the Secretariat  took the floor.  IP/C/M/107  
 
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  8.  The Chair thanked delegations for the information provided on their notifications and welcomed 
the information prov ided by the Secretariat. He noted  that notifications to the Council were not 
keeping up with the actual development of laws and  regulations relating to TRIPS and emphasized 
that Article 63.2 of the TRIPS Agreement was  not a one -off requirement . It was a core element of 
the TRIPS transparency arrangements, and a central part of the Council's substantive work. It 
obliged Members to notify any new or amended laws in the area of TRIPS.  He urged Members to 
complete any outs tanding initial notifications and to keep up to date with notifications on subsequent 
amendments. The same applied to the Checklist of Issues on Enforcement which was established by 
the Council as an element of Members' notification obligations. He pointed  out that the e -TRIPS 
platform made fulfilling these transparency obligations much easier.  
9.  The requirement included the notification of legislative changes made to implement the special 
compulsory licensing system to export medicines covered by Article 31 bis of the TRIPS Agreement. 
More than 50 WTO Members, including most of the world 's major exporters of medicines, ha d 
adopted implementing legislation that allow ed them to use the System as exporters and/or 
importers. But only 2 1 Members, including the Euro pean Union, ha d formally notified such measures 
to the TRIPS Council.  The notification of all relevant laws and regulations could assist Members in 
preparing for the potential use of the System, which was a matter of immediate practical concern. 
It would a lso help the Secretariat in its efforts to provide informed technical support to Members in 
this area.  
10.  A more comprehensive picture of how the special compulsory licensing system ha d been 
implemented in Members ' domestic law could also help Members ' on-going discussions about how 
this particular TRIPS flexibility work ed in practice, and about the causes of any potential delays or 
hindrances in using the system . 
11.  The Chair recalled that all these notifications could be made through the e -TRIPS Submission 
System. E-TRIPS not only facilitate d the submission of information by Members – it also permitted 
digital access, consultation, and analysis of this information through the e -TRIPS Gateway, an easy -
to use interface to search and display information related to the TRIPS Council . The Secretariat was 
available to respond to any question in that regard.  
12.  The Council took note of the notifications and the statements made.  
2  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  
13.  The Chair recalled that the Council was preparing for the review of the national implementing 
legislation of Samoa. As had been agreed at the end of last year, the Council would wait for the 
notification of Samoa's revised legislation following their accession to a  number of World Intellectual 
Property Organization (WIPO) treaties before commencing the review. He proposed that the 
Secretariat remain in contact with Samoa on the progress of its new legislation; and that the Council 
revert to the arrangements for Samo a's review at its next meeting.  
14.  While there were no current reviews pending, he said Members should feel free to revert to any 
matter raised in past reviews, or to make suggestions regarding further reviews. He would further 
welcome ideas on how to make b est use of this agenda item.  
15.  The Council took note  of the information provided and agreed to schedule the arrangements for 
the review of Samoa's national implementation legislation as proposed by the Chair.  
3  IP AND COVID -19 
16.  The Chair recalled that, at its l ast formal meeting, the Council had agreed to discuss the 
following three topics under this agenda item:  
a. IP-related domestic measures taken by Members in the context of the COVID -19 
pandemic . The Chair once again referred to the compilation "COVID -19: Meas ures 
Regarding Trade -Related Intellectual Property Rights " on the WTO website which 
contained a non -exhaustive list of IP -related measures taken in the context of COVID -19, 
compiled by the Secretariat from official sources and verified by the Members conce rned. 
The list was being updated continuously, even if there had been no recent changes to the IP/C/M/107  
 
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  document. He encouraged Members to inform the Secretariat of any measures which 
should be included on the list, as well as any update or information on the expir y – or end 
of application – of such measures.  
b. Under paragraph 24 of the Declaration on the WTO Response to the COVID -19 Pandemic 
and Preparedness for Future Pandemics  (document WT/L/1142 ), the Council was 
mandated to continue or initiate work to analyse lessons learned and challenges 
experienced during the COVID -19 pandemic. Given that the Council had already initiated 
discussions on COVID -19-related experiences in the field of IP under thi s agenda item, it 
was agreed that the Council would treat any proposals that Members might make in this 
regard under this item.  
c. Paragraph 5 of the Decision on the TRIPS Agreement  (document WT/L/1141 ) required 
Members to "communicate to the Council for TRIPS any measure related to the 
implement ation of the Decision, including the granting of an authorization" as soon as 
possible after the adoption of the measure. It had been agreed at the last meeting that, 
to the extent that such communications were not already covered by notifications of laws 
and regulations under item 1, the Council would provide an update on them under this 
agenda item. In this regard, he noted that no communications under paragraph 5 of the 
Ministerial Decision had been received to date.  
17.  The Chair opened the floor for any in tervention on the three aspects treated under this agenda 
item. 
18.  The representatives of South Africa , India, the European Union  and the United Kingdom  took 
the floor.  
19.  The Chair proposed to revert to the item at the next meeting to ensure that the exchanges 
could continue, including on the basis of the following:  
a. the updated Secretariat compilation of COVID -19-related IP measures,  
b. any communications  that might be received from Members under paragraph 5 of the 
MC12  TRIPS Decision, and  
c. any proposals Members might wish to make in the context of paragraph 24 of the WTO 
Declaration on Pandemic Response.  
20.  The Council took note  of the statements made and agreed to revert to this item at its next 
meeting.  
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
21.  The Chair proposed to address these three agenda items together. He recalled that one tool for 
the review under item 4 was the information provided by Members in response to list s of questions 
on Article 27.3(b). He said that the latest Annual Report on Notificatio ns and other Information Flows 
circulated by the Secretariat illustrated that responses to that checklist had been rather sparse 
recently . So far , only 28 Members had responded to the lists of questions on Article  27.3(b). The 
Chair thus encouraged Members  to submit responses to these checklists, and to update their 
previous submissions if they were out of date . 
22.  The Chair noted that two long -standing procedural issues had been discussed extensively on 
the record at every regular meeting of the Council for a lmost ten years. The first was the suggestion 
for the Secretariat to update three factual notes on the Council 's discussions on the TRIPS and CBD 
and related items; these notes were initially prepared in 2002 and last updated in 2006. The second IP/C/M/107  
 
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  was the re quest to invite the CBD Secretariat to brief the Council on the Nagoya Protocol to the CBD, 
initially proposed in October 2010.  
23.  The Chair noted that delegations ' positions on these issues were well -known and had already 
been extensively recorded in the Cou ncil's minutes . He therefore suggested that delegations focus 
their interventions on suggestions on how to resolve the differences and on how make progress on 
substantive issues.  
24.  The representatives of India; Bangladesh ; Indonesia ; Tanzania, on behalf of the African Group ; 
Peru; South Africa ; Brazil ; Japan ; the United States  of America ; and the World Intellectual Property 
Organization  took the floor.  
25.  The Council took no te of the statements made and agreed  to revert to these matters  at its next 
meeting.  
7  NON-VIOLATION AND SITUATION COMPLAINTS  
26.  The Chair recalled that the examination of scope and modalities for non -violation and situation 
complaints under TRIPS was in line with the initial mandate in Article 64.3 of the TRIPS Agreement, 
which had requ ired recommendations to be submitted to the Ministerial Conference in 1999.  
27.  He recalled that at the 12 th Ministerial Conference, Ministers had adopted a Decision on TRIPS 
non-violation complaints (document WT/MIN(22)/26 ), which directed the Council  for TRIPS  to 
continue its examination of the scope and modalities for non -violation and situation complaints, and 
to make recommendations to the 13th Ministerial Conference. The Decision also provided that, in the 
meantime, Members would not initiate such complaint s under the TRIPS Agreement.  
28.  He said that, during recent meetings of the Council  for TRIPS , a few delegations had signalled 
openness to return to substantive discussions in this area. In March 2021, his predecessor had 
suggested that Members could identify  areas of agreement in the non -violation discussions. 
Identifying such areas or elements of agreement regarding the nature of non -violation and situation 
complaints could help delegations focus their engagement on the areas of disagreement and thus 
make at  least some progress in framing the relevant questions for discussion.  
29.  The Chair inquired whether delegations were more at ease now to consider this or any other 
approach that might help identify common ground, in order to get some movement in this 
long-standing debate.  
30.  The representatives of South Africa ; Bangladesh ; Tanzania, on behalf of the African Group ; 
India; Kenya, on behalf of the ACP Group  and Indonesia  took the floor.  
31.  The Council took note  of the statements made and agreed  to revert to this matte r at its next 
meeting.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
32.  The Chair recalled that under this provision, the Council was required to conduct a review of 
the implementation of the Agreement once every two years. However, a s the initial review in 1999 
had not been completed, no other review had been initiated subsequently.  
33.  The Chair reiterated that this review item had long been dormant on the TRIPS Council's agenda, 
while in other WTO agreements, similar general review mand ates had regularly served as an 
opportunity to pursue in -depth discussions of particular aspects of implementation, as agreed by 
Members – often taking place in dedicated thematic sessions.  
34.  He recalled that the recent intensive discussions on the role of i ntellectual property in the 
pandemic response, and on the practical application of TRIPS flexibilities in different WTO Members, 
was only one example of delegations' keen interest in discussing these and other aspects of the 
implementation of the TRIPS Agr eement. Equally intensive engagement on national IP systems was 
noticeable in the context of Trade Policy Reviews, where Members discussed detailed questions of 
individual approaches to implementation. He said that other aspects of implementation had also IP/C/M/107  
 
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  been requested as ad hoc  agenda items in the Council  for TRIPS  in the past, and that all this indicated 
that there was considerable interest in such implementation -related discussions among delegations.  
35.  The Chair said that the review mandated in Article 71 .1 seemed to have been intended as a 
forum for exactly this type of discussion. He wished to once again explore whether delegations would 
be ready to consider resuming this review which was, in fact, mandated by the text of the treaty, as 
this would give a  more structured and inclusive home to these and similar discussions on the 
Council's agenda, and could establish a more permanent discussion -culture around examples and 
experiences from implementing the Agreement.  
36.  He said that, taking other practices in t he house – such as the SPS or TBT reviews – as an 
example, resuming the review of the TRIPS Agreement under this item could mean for Members to 
identify, and agree on, selected topics relevant to TRIPS implementation. These could then be 
discussed in dedic ated sessions over a two -year period as foreseen in Article  71.1. 
37.  The Chair said that , in his view, such regular discussions of concrete aspects of TRIPS 
implementation would be extremely useful to delegations. He said that they would not only illustrate 
Members' understanding of the scope of individual TRIPS obligation but would also help share 
concrete technical approaches to their implementation in different domestic legal systems and 
economies.  
38.  The Council agreed  to revert to the matter at its next meet ing. 
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
39.  The Chair recalled that Article 24.2 of the TRIPS Agreement required the Council to keep under 
review the application of the TRIPS provisions on geographical indications. The principal tool used 
for the review was the Checklist of Questions (document IP/C/13  and Add.1 ). He said that, of the 
164 WTO Members, only 52 had responded to the Checklist and most of the responses were likely 
to be out of date, because they were submitted well over 10 years ago. This was despite the fact 
that protection of geographical indications (GIs) was an active area of legal and policy development 
in a numbe r of countries, as well as in a number of FTAs.  
40.  He encouraged delegations to consider submitting responses, or updating initial responses, so 
that important developments were duly reflected in Members' contributions. The e -TRIPS Submission 
System was avai lable as an easy and convenient tool to prepare and submit these responses and 
updates.  
41.  The Chair suggested that Members, in line with the Council's recommendation made in 
March  2010, also share information on bilateral agreements related to the protection  of GIs which 
they were party to. He stated that this was an area of considerable activity with direct bearing on 
the issue, and the sharing of updated information would be very helpful in promoting transparency.  
42.  The Council agreed  to revert to the matter at its next meeting.  
10  FOLLOW -UP TO THE TWENTIETH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE 
DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  
43.  The Chair recalled that the Council had conducted the Twentieth Annual Review under 
Paragraph  2 of the Decision on the Implementation of Article 66.2 of the TRIPS Agreement  at its 
meeting in October 202 2. At that meeting delegations from developed country Members had briefly 
presented the updated reports they had submitted under Article 66.2, and the Co uncil had agreed 
that it would revert to the item at the present meeting to permit continued consideration of the 
submitted material. He also recalled that, in July 2020, the LDC Group had circulated a new 
submission entitled "Proposed New Template for Ann ual Reporting under Article 66.2 of the 
Agreement on Trade -related Intellectual Property Rights" in document IP/C/W/664 . 
44.  In order to give LDCs more time to absorb the information provided by developed country 
Members in their reports, and to ensure that these reports were available in the working languages 
of the WTO, the Secretariat had once again organized a "Workshop on the Implementation of the IP/C/M/107  
 
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  Article 66.2 of the TRIPS Agreement" which had taken place on 14 -15 March 2023, immediately 
preceding the meeting. The Chair indicated that a numb er of capital -based delegates who had 
participated in that Workshop were present at the meeting.  
45.  The Chair asked the Secretariat to report on this Workshop.  
46.  A representative of the Secretariat  took the floor.  
47.  The representatives of Bangladesh , on behalf of the LDC Group ; Tanzania,  on behalf of the 
African Group ; Sierra Leone ; the United Kingdom ; Nepal ; Benin ; Bangladesh ; Switzerland ; Haiti; 
Mali; the United States  of America ; the European Union ; Australia ; Japan ; Canada ; Norway ; Malawi ; 
and Sudan  took the floor.  
48.  The Council took note  of the  statements made . 
11  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
49.  The Chair recalled that in October 2022, the Council had conducted its annual review of technical 
cooperation on the basis of reports submitted by developed country  Members, and a number of 
observer international organizations. He said that, as some information had  only been made 
available a short time before the meeting, the Council had agreed that Members would have a further 
opportunity to make comments at the present meeting.  
50.  The representatives of Bangladesh, on behalf of the LDC Group  took the floor.  
51.  The Chair recalled that during the Council meetings in October 2021 and in March 2022, a 
request had been made for the Secretariat to organize a dedicated annual workshop on technical 
cooperation under Article 67 of th e TRIPS Agreement – similar to the Article 66.2  Workshop – to 
help inform dialogue among Members in this regard. He invited the Secretariat to update Members 
on its follow -up to this request.  
52.  A representative of the Secretariat  said that during the Council meetings of October 2021 and 
March 2022, the d elegation of Bangladesh had requested the WTO Secretariat to organize a 
dedicated annual workshop to monitor progress on IP -related technical cooperation under Article 67 
of the TRIPS Agreement. In response to this request, the Secretariat was planning to organize such 
a workshop on 12 -14 June 2023 to help inform dialogue among Members. The aim was also to 
provide specific input to the Council with a view to improving overall coordination and the matching 
of program mes with priority needs. Thirty places wer e available to applicants from beneficiary LDC 
and developing Members and observers.  
53.  The programme would consist of two segments: a two -day workshop segment on 12 -13 June, 
and a final segment, on 14 June, involving participation in, and contribution to, d eliberations under 
Council agenda item "Technical Assistance and Capacity Building". The final segment of the workshop 
would be optional, but participation was strongly encouraged. The Secretariat would reach out to 
delegations regarding possible speakers and topics in the near future, and further details would be 
communicated to delegations in due course.  
54.  The representative of Bangladesh  took the floor.  
55.  The Council took note  of the  statements made . 
12  PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGRE EMENT ADOPTED 
ON 17 JUNE 2022  
56.  The Chair recalled that under paragraph 8 of the Ministerial Decision on the TRIPS Agreement, 
adopted on 17 June 2022, Members had agreed to make a decision within six months from adoption, 
on whether to extend  this Decision t o cover  the production and supply of COVID -19 diagnostics and 
therapeutics.  He also recalled that at the last formal meeting in October – and resumed in December 
– the Council had recommended to the General Council to extend the deadline for such a decisio n. 
The General Council, at its meeting on 19  December 2022, had agreed to this recommendation and 
resolved to return to the question of the duration of the extension at its next meeting. At its recent IP/C/M/107  
 
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  meeting on 6 -7 March 2023, the General Council had agre ed that it would keep the question of the 
duration of the extension on its agenda again for its next meeting – and that Members would provide 
updates  on where they stand on their internal processes. I n the meantime, substantive discussions 
would continue in the Council for TRIPS. It was against this background, that the item was on the 
Council's agenda.  
57.  The representatives of Tanzania, on behalf of th e Africa n Group ; South Africa ; Bangladesh, on 
behal f of the LDC Group ; Nepal ; Egypt ; Kenya, on behalf of the ACP Group ; Indonesia ; China ; India; 
the United States of America ; Brazil ; Switzerland ; Japan ; the United Kingdom ; Chinese Taipei ; the 
European Union ; Korea, Republic of ; Singapore ; and Norway  took t he floor.   
58.  With respect to next steps, the Chair said that in his experience , Council discussions were most 
constructive when they were well prepared and took place on the basis of submissions and proposals 
that Members ha d been able to study in advance. The 10 -day rule for the closing of the Airgram was 
intended precisely for that purpose , namely, to allow Members to prepare for the items on the 
agenda, so that discussions at the Council meeting were constructive and focuse d. The next formal 
meeting of the Council was scheduled for 14 -15 June – and the agenda for that meeting would close 
on 1 June.   
59.  Given that his term as Chair end ed with the current meeting , he suggest ed that the new Chair 
be invited to consult with Members  on how best to move forward with work under this agenda item.  
60.   The Council so agreed .  
13  INTELLECTUAL PROPERTY AND INNOVATION: CROSS -BORDER COOPERATION AMONG 
IP OFFICES  
61.  The Chair said th is item ha d been put on the agenda at the request of  the delegations of  
Australia; Canada; the European Union; Hong Kong, China; Japan; Singapore; Switzerland; the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ; the United Kingdom and the 
United State s of America . These delegations ha d also submitted a communication on this topic, 
circulated in document IP/C/W/697  in order to allow Members to prepare for today 's discussion.  
62.  The representatives  of Japan ; the United States of America ; Singapore ; Switzerland ; Australia ; 
Chinese Taipei ; the United Kingdom ; Canada ; Hong Kong, China ; the European Union ; 
Korea,  Republic of ; Peru; India; Bangladesh ; South Africa ; Canada  and the World Intellectual 
Property Organization  took the floor . 
63.  The Council  took note  of the statements made.  
14  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
64.  The Chair recalled that the purpose of this information agenda item was to keep Members posted 
of developments in the WTO, which had a TRIPS or intellectual property angle.  
65.  Regarding dispute settlement, the Chair noted that one request for consultations had been 
formally submitted since the last meeting. By means of a communication dated 12 December 2022, 
and revised on 9 February 2023, China requested consultations with the United States of America 
regarding Measures on Certain Semiconductor and other Products, and related services and 
technologies . The requests were circulated on 15  December 2022 and 10  February 2023, 
respectively (documents IP/D/44  and IP/D/44/Rev.1 ). 
66.  Regarding developments relating to the TRIPS amendment , the Chair said that the period for 
acceptance of the Protocol currently ran until 31 December 2023  (document WT/L/1122 ). 
136 Members ha d now accepted the TRIPS amendment. He encouraged the remaining 28 Members 
to complete their domestic procedures and deposit their instrument of acceptance with the WTO 
Director -Genera l as soon as possible.  
67.  The Chair invited the Secretariat to provide the regular briefing on IP-related issues considered 
in the context of individual Members' trade policy reviews , and in the Director -General's Monitoring 
Report .  IP/C/M/107  
 
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  68.  A representative of the Secretariat  took the floor.  
69.  The Council took note  of the information provided and the statements made.  
15  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
70.  The Chair said that there continued to be 14 pending requests for observer status in th e TRIPS 
Council by intergovernmental organizations. The updated list of requests1, and the information 
provided by these organizations on their respective work and the reasons for their interest in 
observer status was available on the Members' website.2 
71.  The Council agreed  to revert to the matter at its next meeting.  
72.  The Chair recalled that, at its meeting in November 2012, the Council had agreed to grant 
ad hoc observer status on a meeting -to-meeting basis to the European Free Trade Association  
(EFTA) . Since then, this invitation had been renewed at each meeting. The Chair suggested to invite 
again the EFTA to attend the Council's next formal meeting on an ad hoc  basis.  
73.  The Council so agreed . 
16  OTHER BUSINESS  
74.  The Chair recalled that the Ministeria l Decision adopted at the 12 th Ministerial Conference 
reinvigorated the Work Programme on Electronic Commerce based on the original mandate and 
instructed the General Council to periodically review work under the Work Programme, based on 
reports submitted by the relevant WTO bodies. He also recall ed that  the Council for TRIPS ha d had 
brief discussions relating to the E -commerce Work Programme in 2019 and 2020. While a number 
of delegations had supported making E-commerce a standing item on the Council's age nda, others 
had preferred that the topic only be taken up on the basis of proposals by Members.  
75.  Since then, he had not detected any movement regarding these issues, and no delegation had 
requested that an ad hoc  item on the Work Programme on Electronic Commerce be added to the 
agenda this time.  
76.  The Chair said that, when requested to provide an update on the work carried out in the Council 
for TRIPS,  he had in the past reported this state of play to the General C ouncil accordingly. He 
suggested that the new Chair follow the same practice as appropriate.  
77.  He invited d elegations who would like to see certain issues be addressed by this Council under 
the Work Programme on Electronic Commerce to request the inclusion of an ad hoc  item at the next 
meeting in June.  
17  ELECTION OF CHAIRPERSON  
78.  The Chair turned to the last agenda item, namely "election of the Chairperson".  
79.  He noted that the rules of procedure provided that "[t]he election shall take place at the first 
meetin g of the year and shall take effect at the end of the meeting", and that "[t]he Chairperson 
[…] shall hold office until the end of the first meeting of the following year". He recalled that, at its 
meeting on 6 -7 March 2023, the General Council had noted c onsensus on the Chairpersons for 
regular and negotiating WTO bodies. On the basis of the understanding reached by the General 
Council, he proposed that the Council for TRIPS elect H.E. Mrs Pimchanok P itfield , Ambassador of 
Thailand , as its chairperson for the coming year.  
80.  The Council so agreed .  
 
1 IP/C/W/52/Rev.14  
2 Availab le at https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm . IP/C/M/107  
 
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  81.  The representatives of Thailand ; the European Union ; Bangladesh ; Nepal ; the United  Kingdom ; 
Tanzania , on behalf of the African Group ; Japan ; the United States of America ; Indonesia ; 
Cambodia ; Canada ; Kenya ; Egypt ; Korea , Republic of ; Brazil  and the Secretariat  took the floor.  
82.  The Chair thanked delegations for their trust and cooperation during his term as TRIPS Council 
Chair during the past year and expressed his hope that they would also support the efforts of his 
successor in addressing the items on the Council's agenda. He wished delegations and the new Chair 
much success in that endeavour.  
83.  The meeting was closed . 
 
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