RESTRICTED  
  
IP/C/M/93  
 
18 November 2019 
(19-7848) Page: 1/11 
Council for Trade -Related Aspects of  
Intellectual Property Rights  
   
 
MINUTES OF MEETING  
HELD IN THE CENTRE W ILLIAM RAPPARD ON 17-18 OCTOBER  2019 
Chair: H.E. Ambassador Lundeg Purevsuren  
The present document contains the record of the meeting of the Council for TRIPS held on 
17-18 October  2019. The statements made during the meeting will be circulated in an addendum to 
the present document.  
Table of Contents  
1   NOTIFICATIONS UN DER PROVISIONS OF TH E AGREEMENT  ................................ ........  3 
2   REVIEW OF NATION AL IMPLEMENTING LEGI SLATION  ................................ ................  4 
3   REVIEW OF THE PR OVISIONS OF ARTICLE 27.3(B)  ................................ .....................  4 
4   RELATIONSHIP BET WEEN THE TRIPS AGR EEMENT AND THE CONVE NTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 4 
5   PROTECTION OF TR ADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ..... 4 
6   ANNUAL REVIEW OF  THE SPECIAL COMPULS ORY LICENSING SYSTEM  
(PARAGRAPH 7 OF THE ANNEX TO THE AMENDED  TRIPS AGREEMENT AND  
PARAGRAP H 8 OF THE DECISION ON THE IMPLEMENTATIO N OF PARAGRAPH 6 
OF THE DOHA DECLARAT ION ON THE TRIPS AGR EEMENT AND PUBLIC HE ALTH)  .............  5 
7   NON-VIOLATION AND SITUAT ION COMPLAINTS  ................................ .........................  6 
8   REVIEW OF THE IM PLEMENTATION OF THE TRIPS AGREEMENT UNDE R 
ARTICLE 71.1  ................................ ................................ ................................ ...................  6 
9   REVIEW OF THE AP PLICATION OF THE PRO VISIONS OF THE SECTI ON ON 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 ................................ ......................  7 
10   SEVENTEENTH ANN UAL REVIEW UNDER PAR AGRAPH 2 OF THE DECI SION 
ON THE IMPLEMENTATIO N OF ARTICLE 66.2 OF  THE TRIPS AGREEMENT  ........................  7 
11   TECHNICAL COOPE RATION AND CAPACITY -BUILDING  ................................ ..............  8 
12   AN INCLUSIVE AP PROACH TO TRANSPAREN CY AND NOTIFICATION 
REQUIREMENTS  ................................ ................................ ................................ ...............  8 
13   INTELLECTUAL PR OPERTY AND INNOVATIO N: PUBLIC -PRIVATE 
COLLABORATIONS IN IN NOVATION – IP COMMER CIALIZATION  ................................ ..... 9 
14   INTELLECTUAL PR OPERTY AND THE PUBLI C INTEREST: R&D COST S AND 
PRICING OF MEDICINES  AND HEALTH TECHNOLO GIES  ................................ ....................  9 
15   INFORMATION ON RELEVANT DEVELOPMENT S ELSEWHERE IN THE W TO .................  9 
15.1   Dispute Settlement  ................................ ................................ ................................  9 
15.2   IPR-Related Issues in Trade Policy Reviews and the Director -General 's 
Monitoring Reports  ................................ ................................ ................................ ..........  9 IP/C/M/9 3 
 
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  16   OBSERVER STATUS  FOR INTERNATIONAL I NTERGOVERNMENTAL 
ORGANIZATIONS  ................................ ................................ ................................ .............  9 
17   ANNUAL REPORT  ................................ ................................ ................................ ..... 10 
18   OTHER BUSINESS  ................................ ................................ ................................ .... 10 
18.1   Dates for TRIPS Council Meetings in 2020 ................................ ............................  10 
18.2   Work Programme on Electronic Commerce  ................................ ..........................  10 
  IP/C/M/9 3 
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AG REEMENT  
1.  The Chair invited the Secretariat to report on notifications that the Council had re ceived since its 
meeting in  June 2019.  
2.  A representative of the Secretariat  said that  the Council had received the following  notifications 
under Article 63.2 of the TRIPS Agreement:  
a. Canada  had notified an act that implemented the Comprehensive and Progressive Agreement 
for Trans -Pacific Partnership (CPTPP) in the trademark area; new Industrial Design 
Regulations that facilitated Canada's accession to the Hague Agreement concerning the 
international Regis tration of Industrial Designs; and amendments resulting from the College 
of Patents and Trademark Agents Act , which has an effect on various intellectual property 
laws;  
b. Mexico  had notified the General Declaration on Protection of the Appellation of Origin Raicilla ; 
c. Mauritius  had notified amendments to its Copyright Act which made provisions on 
phonograms ; lengthened the period of  copyright protection ; and introduced provisions 
regarding the Mauritius Society of Authors ; 
d. Japan  had notified amendments to its Trademark, Patents and Designs Acts aimed at 
ensuring the confidentiality of documents that contain trade secrets during certification 
process ; as well as  a revised Unfair Competition Prevention Act that provides civil remedies 
against acts of unfair compe tition with respect to protected data ; and  
e. Chinese Taipei  had notified amendments to its Patent and Copyright Acts .  
3.  He added that, u nder Article 69 , Maldives , Indonesia,  Afghanistan  and Kazakhstan  had provided 
information on contact points for the exchange of information and cooperation on trade in infringing 
goods. The European Union  and Kazakhstan  had provided updates to their previous responses to the 
Checklist of Issues on Enforcement.  
4.  The Chair invited delegations that had notified new or revised legislative measure s, or submitted 
updates  to their contact points , to introduce their notifications. He also invited other delegations to 
comment on them.  
5.  The representatives of Mexico ; Canada ; Chinese Taipei ; Japan ; Mauritius ; and Brazil  took the 
floor. 
6.  The Chair  noted  that notifications to the Council were not keeping up with the actual development 
of laws and regulations relating to TRIPS. He emphasized t hat Article 63.2 was not a one -off 
requirement. It was a core element of the TRIPS transparency arrangements, a central part of the 
Council's substantive work , and obliged Members to notify any new or amended laws. He urged 
Members to complete any outstand ing initial notifications and to keep up to date notifications of 
subsequent amendments. The same applied to the Checklist of Issues on Enforcement, which had 
been established by the Council as an element of Members' notification obligations. The e-TRIPS  
platform made it much easier to fulfil these transparency obligations.  
7.  The Chair  encourage d Members to notify legislative changes made to implement the special 
compulsory licensing system to export medicines covered by the new Article 31bis of the 
TRIPS  Agreement. More than 50  WTO Members, including many of the world's major exporters of 
medicin es, ha d adopted implementing legislation that allow ed them to use the System as exporters 
and/or importers. But only 19 Members, including the European Union, h ad formally notified such 
measures to the TRIPS Council. The notification of all relevant laws a nd regulations c ould assist 
Members in preparing for the potential use of the System. It would also help the Secretariat in its 
efforts to provide informed technical support to Members in this area.  
8.  The Chair invited the Secretariat to provide an update on  the e-TRIPS system.  
9.  A representative of the Secretariat  briefed Members on the development of e -TRIPS.  IP/C/M/9 3 
 
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  10.  The Council took note  of the notifications and the statements made.  
2  REVIEW  OF NATIONAL IMPLEME NTING LEGISLATION  
11.  The Chair recalled that the Council was preparing for the review of the national implementing 
legislation of Samoa. Since the June meeting , the Secretariat ha d been in contact with the delegation 
of Samoa regarding the submission of their remaining notifications. In the course of  these contacts, 
Samoa ha d informed the Secretariat  that they were in the process of revising their laws once again, 
as they ha d just acceded to four WIPO treaties. In light of the substantial revisions that were to be 
expected, he suggest ed to wait for th e notification of the revised domestic laws of Samoa, before 
commencing the review in this Council. He propose d that the Secretariat remain in contact with 
Samoa on the progress of its new legislation , and that the Council revert to the arrangements for 
Samoa's review at its next meeting.   
12.  He noted that there were currently no reviews pending under this item. Members should, 
however, revert to any matter raised in past reviews, or make suggestions regarding further reviews. 
Any ideas how to make best use of  this agenda item would be most welcome.  
13.  The Council  took note  of the information provided  and agreed  to proceed with the arrangements 
for the review of Samoa's national implementation legislation as proposed by the Chair . 
3  REVIEW OF THE PROVISIONS OF ARTICL E 27.3(B)  
4  RELATIONSHIP BETWEEN  THE TRIPS AGREEMENT  AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
5  PROTECTION OF TRADIT IONAL KNOWLEDGE AND FOLKLORE  
14.  The Chair proposed  that, following past practice, agenda items 3, 4 and 5 be addressed togeth er. 
He noted  that, Ukraine  had recently submitted its responses  to the List of Questions on Article 
27.3(b) , which had been circulated in document IP/C/W/125/Add.2 6. He invited Ukraine  to introduce 
its submission.  
15.  The representative of Ukraine  took the flo or. 
16.  The Chair encourage d delegations to submit responses to the List of Questions or update their 
previous responses; as well as notify any relevant changes in legislation.  
17.  He noted that t wo longstanding procedural issues under these items h ad been discussed 
extensively on the record, at every regular meeting of the Council for almost nine years:  
a. First, the suggestion for the Secretariat to update the 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;  and 
b. second, the request to in vite the CBD Secretariat to brief the Council on the Nagoya Protocol 
to the CBD, initially proposed in October 2010.  
18.  Positions on these issues were well -known and already extensively recorded in the Council 
minutes. In addressing these procedural questions , he encourage d delegations  to focus on 
suggestions as to how to resolve them.  
19.  The representatives of South Africa ; Bangladesh ; India; Ecuador ; Indonesia ; 
the Plurinational  State of Bolivia ; Zimbabwe ; Brazil ; Nigeria ; Australia ; Thailand ; Chile; China ; 
Canada ; Japan ; Switzerland ; and the United States of America took the floor.  
20.  The C ouncil took note of the statements made and agree d to revert to the matters at its next 
meeting.  IP/C/M/9 3 
 
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  6  ANNUAL REVIEW OF THE  SPECIAL COMPULSORY LICENSING SYSTEM (PA RAGRAPH 7 
OF THE ANNEX TO THE AME NDED TRIPS AGREEMENT  AND PARAGRAPH 8 OF THE DECISION 
ON THE IMPLEMENTATIO N OF PARAGRAPH 6 OF THE DOHA DECLARATION  ON THE TRIPS 
AGREEMENT AND PUBLIC  HEALTH)  
21.  The Chair recalled that the review of the Special Compulsory Licensing System ha d been 
conducted pursuant to paragraph 6 of the 2003 Decision on the Implementation of Paragraph 6 of 
the Doha Declaration on the TRIPS Agreement and Public Health. Since the entry into force of the 
Protocol Amending the TRIPS Agreement on 23 January 2017,  the review also responded to the 
requirements that had now been incorporated into the amended TRIPS Agreement.  
22.  Paragraph 7 of the Annex to the amended TRIPS Agreement and paragraph 8 of the 2003 Waiver 
Decision required the Council to review the functioni ng of the System annually, with a view to 
ensuring its effective operation. They also required the Council to report annually on the System's 
operation to the General Council. In the case of the Waiver Decision, the review was also deemed to 
fulfil the req uirements of Article IX:4 of the WTO Agreement.  
23.  He suggested that : (i) he would brief the Council  on the status of acceptances of the Protocol 
Amending the TRIPS Agreement; (ii) he would offer the floor to delegations for an exchange of views 
about the functioning of the System; and (iii) the Council would  consider the draft report to the 
General Council.  
24.  He noted that t he current period for accepting the Protocol Amending the TRIPS Agreement ran 
until 31 December 2019. To date, the amended TRIPS Agreement was binding for 128 WTO 
Members. In other words, 36 Members were yet to accept the Protocol Amending the TRIPS 
Agreement. He encourage d those Members to complete their domestic procedures as s oon as 
possible.  
25.  When the TRIPS Amendment  entered into force in January 2017, Members had noted that it 
would be useful to consider how to make this new procurement tool work effectively in practice. He 
encourage d delegations  to engage in a constructive di scussion , which could also build on earlier 
reviews. As previous Chairs and he himself had indicated on past occasions, delegations  might find 
two documents particularly helpful to facilitate their considerations : (i) the Council's Annual Review 
of 2016, c irculated as IP/C/76; and (ii) the Secretariat's 2016 Report on Technical Cooperation 
Activities , circulated as  IP/C/W/618. Annex II of that report summarize d key issues that delegations 
might wish to consider supporting  the practical use of the System.  He invited delegations to exchange 
views about the functioning of the System.  
26.  The representatives of India; Brazil ; South Africa ; Canada ; the United States of America ; Japan ; 
and Zimbabwe  took the floor . 
27.  The Chair noted that a draft report had been prepared by the Secretariat. It was modelled on 
previous years' reports and had been circulated as JOB/IP/34. It contained factual information on 
the implementation and use of the System. It also included a list of Membe rs who were yet to accept 
the Protocol Amending the TRIPS Agreement.  As with p revious  reports, an extract from the Council's 
minutes on this agenda item would be attached to the report in Annex 1.  
28.  The Council also had to decide whether to extend the perio d for acceptance of the Protocol , 
which currently r an until the end of 2019. Since 36 Members ha d yet to accept the Protocol, he 
suggest ed that the Council once again extend the period for acceptance for another two years , until 
31 December 2021. A draft d ecision for the General Council had been included in Annex 2 of the 
Draft Report. He invited delegations to comment on the draft report and, to clearly indicate whether 
they agree d to the 2 -year extension of the period of acceptance.  
29.  The representatives of  Barbados  and India took the floor.  
30.  The Chair propose d that th e Council agree to:  (i) adopt the draft report, on the understanding 
that the record of today’s discussion w ould be attached to it as Annex 1; and  (ii) to submit, for the 
General Council’s adopt ion, a decision to extend until 31 December 2021 the period for the 
acceptance by Members of the Protocol Amending the TRIPS Agreement.  IP/C/M/9 3 
 
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  31.  The Council took note  of the statements made and so agreed . 
7  NON-VIOLATION AND SI TUATION COMPLAINTS  
32.  The Chair recalled that , at the 11th Ministerial Conference, in December 2017, Ministers  had 
directed the Council to continue its examination of the scope and modalities for complaints of the 
types provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 and to make 
recommendations to the next Ministerial Conference. It was also agreed that, in the meantime, 
Members w ould not initiate such complaints under the TRIPS Agreement. At the General Council 
meeting o f 26 July 2018, the Chair had also not ed that the 2019 deadlines for the two moratoria on 
Electronic Commerce and on TRIPS non -violation and situation complaints would be maintained, 
notwithstanding the decision to hold the 12th Ministerial Conference in June 2020.  
33.  At the TRIPS Council's meeti ngs held since MC11, there ha d been some encouraging signs. 
A number of delegations  had indicated their readiness to engage in a constructive discussion on 
scope and modalities in case non -violation and situation complaints were to apply to TRIPS. Also, at  
the Council's meeting in June  2019, some delegations had given  examples of what such modalities 
could look like. Since that meeting , the Chair had  consulted with delegations in various formats, 
including at an informal meeting the previous Monday, to see whether there  was any appetite to 
discuss a possible recommendation ; however , there had been  no signs of engagement at this time.  
34.  The issue ha d also been discussed at the General Council meeting , on 16 October . At the request 
of Chile, Colombia, New Zealand and Panama, the General Council had  considered  a recommendation 
to extend the moratorium until the 12th Ministerial Conference in Nur -Sultan, in  order "to continue 
discussing this issue among the WTO Members within the TRIPS Council ". The co -sponsors had 
suggested that the General Council should take such a decision at its December 2019 meeting. 
The Chair of the General Council had encouraged Memb ers to engage in substantive discussions in 
the TRIPS Council.    
35.  The Chair  said that since the October meeting was the  last regular  TRIPS Council  meeting of 
2019, it would be the right moment for the Council to make a recommendation on how the Ministerial  
Conference should decide on TRIPS non -violation complaints. He encourage d delegations to engage 
in a constructive examination of scope and modalities for such complaints. A  constructive discussion 
would help to move beyond the binary question of whether or not no n-violation and situation 
complaints should apply to TRIPS at all.  He opened  the floor for any concrete suggestions regarding 
the possible way forward , particularly, proposal s on what a permanent solution to this issue could 
look like, and  what recommendation the Council should make.  
36.  The representatives of Chile; Bangladesh ; Colombia ; Thailand ; Mexico ; Nigeria ; Panama ; 
Indonesia ; Ecuador ; New Zealand ; India; the Russian Federation ; Canada ; Brazil ; Singapore ; 
Guatemala ; Norway ; Argentina ; the European Union ; Hong Kong, China ; Chinese Taipei ; 
Plurinational  State of Bolivia ; Switzerland ; China ; South Africa ; and the United States of America  
took the floor . 
37.  The Chair  noted  that the Council was not yet ready to agree on a recommendation. He suggest ed 
that the agenda remain open , while he continue d to consult Members. Once there was an indication 
that Members were in a position to reach consensus, he would  reconvene the Council at short notice, 
so that a recommendation c ould be made to the General Council, and through it to the Ministerial 
Conference, in a timely manner.   
38.  The Council so agreed . 
39.  The Chair said that the last General Council meeting of 2019 was scheduled for 9 -11 December.  
Therefore , any recommendation, which c ould be included in the TRIPS Council's Annual Report or its 
addendum, would need to be submitted to the General Council in time for that meeting. He asked 
delegation s to bear th at in mind. 
8  REVIEW OF THE IMPLEM ENTATION OF THE TRIP S AGREEMENT UNDER AR TICLE 71.1  
40.  The Chair recalled that Article 71.1 required the TRIPS Council to conduct a review once every 
two years. However, as the Council had not completed its initial review in 1999, no subsequent IP/C/M/9 3 
 
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  review had been initiated since then. Periodic reviews could represent a us eful opportunity for 
Members to share information and experiences in implementing the TRIPS Agreement.  
41.  The Council agreed  to revert  to the matter at its next meeting.  
9  REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICATIONS UNDER AR TICLE 24.2  
42.  The Chair said that Article 24.2 of the TRIPS Agreement required the Council to keep under 
review the application of the TRIPS provisions on geographical indications  (GIs). The principal tool 
used for the review was the Check list of Questions (IP/C/13 and Add.1). Of the 164 WTO Members, 
fewer than 50 had responded to the Checklist. Many of the earlier responses were also likely to be 
outdated, because they were submitted well over 10 years ago. This did not reflect that GI pro tection 
was an active area of legal and policy development in some countries, as well as in several  FTAs.  
43.  He encouraged delegations to respond to the Checklist, or to updat e their initial responses , so 
that important developments are duly reflected in their contributions. The e-TRIPS  Submissions 
System was an easy and convenient tool to prepare and submit these responses and updates. Also, 
in line with the Council's recommendation made in March 2010, he invited Members to share 
information on bilateral agr eements related to the protection of GIs they are party to.  
44.  The Council agreed  to revert  to the matter at its next meeting.  
10  SEVENTEENTH ANNUAL R EVIEW UNDER PARAGRAP H 2 OF THE DECISION ON THE 
IMPLEMENTATION OF AR TICLE 66.2 OF THE TR IPS AGREEMENT  
45.  The Chair  recalled that, as provided by a TRIPS Council Decision on the Implementation of 
Article 66.2  of February 2003,  developed country Members were to submit annual reports on actions 
taken or planned in pursuance of their commitments under Article 66.2. They were to provide new 
detailed reports every third year and updates in the intervening years.  
46.  In June  2019, the Council had requested developed country Members to submit the first set of 
updates to the sixth set of reports in time for the October  meeting, an d the Secretariat ha d since 
circulated a reminder.  The Council ha d received updated reports from the United States, 
Switzerland, Australia, Japan, Canada and Norway. T he document s were being circulated 
(IP/C/W/656 and addenda ). In addition, the Council ha d received an Advance Working Copy of the 
report from the European Union and some of its member States. It ha d been made available as a 
room document (RD/IP/34 ) on documents online ; and, would also be circulated as an addendum to 
document IP/C/W/656 , once finalised.  
47.  Paragraph 2 of the Council's Decision on the Implementation of Article 66.2 explain ed that the 
annual review sh ould provide Members with an opportunity to pose questions in relation to the 
information submitted and request additional information; discuss the effectiveness of the incentives 
provided in promoting and encouraging technology transfer to least developed cou ntry Members in 
order to enable them to create a sound and viable technological base; and to consider any points 
relating to the operation of the reporting procedure established by the Decision.  
48.  Some of the information by developed country Members has been  received only very recently, 
and most of it was, so far, available only in its original language.  Therefore , Members would have 
an opportunity to make further comments at the next meeting of the Council. This w ould give 
Members a chance to study the info rmation recently circulated and any additional information 
subsequently received.  
49.  For the same reasons it had been  decided to once again hold the Article 66.2 Workshop in 
February  2020,  back-to-back with the TRIPS Council’s next meeting. The dates of the w orkshop 
would be 4-6 February 2020. This w ould give LDC  delegations  sufficient time to absorb the 
information provided by developed -country  delegations  in their reports and also to ensure that these 
reports were available in the official languages of the W TO. The Workshop w ould comprise two days 
of sessions on 4 -5 February 2020, and a reporting and review segment within the formal meeting of 
the TRIPS Council on 6 February 2020.  The Chair invited d elegations from developed -country 
Members to introduce their  reports.  IP/C/M/9 3 
 
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  50.  The representatives of Canada ; the United States of America ; the European Union ; Japan ; 
Australia ; Switzerland ; Norway ; and Bangladesh  took the floor.  
51.  The Chair  suggest ed that Members be given an opportunity to continue considering the 
information provided at the next meeting.  
52.  The Council took note of the statements made and agree d to revert to the matter at its next 
meeting.  
11  TECHNICAL COOPERATIO N AND CAPACITY -BUILDING  
53.  The Chair  recalled that the Council had agreed, at its meeting in June 2019, to hold the annual 
review of technical cooperation at the present meeting. Developed -country Members had been 
requested to update information on their technical and financial cooperation activities relevant to the 
implementation of the TRIPS Agreement. Other Members, who had also provided technical 
cooperation, were encouraged to share inf ormation on these activities. The Secretariat had issued 
an airgram on 21 June 2019 reminding developed -country Members of this request. 
Intergovernmental organizations , observers to the Council , and the WTO Secretariat had also been 
invited to provide inf ormation.  
54.  The Council had received information from the following developed -country Members: 
Switzerland, Japan, the United States  of America , Norway, Australia, and Canada. Their reports were 
being circulated in document IP/C/W/655 and addenda. The Counci l had also received an Advance 
Working Copy of the report from the European Union and some of its member States. It ha d been 
made available as a room document RD/IP/35 , on documents online , and w ould also be circulated 
as an addendum to document IP/C/W/655  once finalized.  The following intergovernmental 
organizations ha d also submitted updated information: the GCC, WHO, WCO, UNCTAD, ARIPO and 
WIPO. Their reports had been  being circulated in document IP/C/W/654 and addenda. Updated 
information on the WTO Sec retariat's own technical cooperation activities in the TRIPS area was 
available in document IP/C/W/658.  He invited developed -country Members to introduce their reports 
on technical cooperation activities.  
55.   The representatives of Canada ; Japan ; the European  Union ; the United States of America ; 
Norway ; Australia ; Benin , on behalf of West African Economic and Monetary Union (WAEMU) ; and 
Bangladesh  took the floor.  
56.  The Chair invited the WTO Secretariat to inform the Council of its recent technical cooperation 
activities.  
57.  The representative of the WTO Secretariat  took the floor.  
58.  The Chair invited the representatives of  intergovernmental organizations to introduce their 
reports.  
59.  The representatives of  the Secretariats of  the WHO, GCC, WIPO , ARIPO , UNCTAD, and the  WCO 
took the floor.   
60.  The Chair  noted that m ost of the valuable information provided by Members and IGO observers 
had been  received only very recently ; and, that  most of it was, so far, available only in its original 
language. He suggested that Members have an opportunity , at the next meeting  of the Council , to 
make further comments on the information submitted for th e meeting.  
61.  The Council took note  of the statements made and agreed  to revert to the matter at its next 
meeting.  
12  AN INCLUSIVE APPROAC H TO TRANSPARENCY AN D NOTIFICATION REQUI REMENTS  
62.    The Chair indicated that this item  had been put on the agenda at the request of the African 
Group, Cuba, India and Oman.  These delegations had also submitted  a communication on this topic, 
which had been circulated in document JOB/IP/33/Rev.2, in order to allow Members to prepare for 
the discussion. He invited the co -sponsors to introduce their communication.  IP/C/M/9 3 
 
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  63.  The representative s of South Africa , India, the European Union ; China ; Brazil ; and Japan  took 
the floor.  
64.  The Council took note of the statements made . 
13  INTELLECTUAL PROPERT Y AND INNOVATION:  PUBLIC -PRIVATE COLL ABORATIONS IN 
INNOVATION – IP COMM ERCIALIZATION  
65.  The Chair said that the item had been put on the agenda at the request of Australia; Canada; 
Chile; the European Union; Hong Kong, China; Japan; Singapore; Switzerland; the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu; and the United States of America. Since 
the circulation of the revised draft agenda, this ite m had also been co -sponsored by Korea.  These 
delegations ha d also submitted a communication on this topic, circulated in document IP/C/W/657 
and Add.1, in order to allow Members to prepare for the present  discussion. He invited  the co -
sponsors to introduc e the item. 
66.  The representative s of Switzerland ; the United States of America ; Chinese Taipei ; the European 
Union ; Japan ; Australia ; Hong Kong, China ; Singapore ; Canada ; Korea ; China ; Brazil ; Costa Rica ; 
Norway ; South Africa ; and Ukraine  took the floor. 
67.  The Council took note of the statements made under this item.  
14  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST: R&D COSTS AND  PRICING OF 
MEDICINES AND HEALTH  TECHNOLOGIES  
68.  The Chair  noted  that the item had been put on the agenda at the request of South Africa. 
A communication on this topic had been circulated in document IP/C/W/659. It include d questions 
to guide the discussion.  He invited South Africa to introduce the item.  
69.  The representatives of South Africa ; India; the European Union ; China ; Chinese Taipei ; Brazil ; 
Switzerland ; Japan ; the United States of America ; and the WHO took the floor . 
70.  The Council took note of the statements mad e. 
15  INFORMATION ON RELEV ANT DEVELOPMENTS ELS EWHERE IN THE WTO  
15.1  Dispute Settlement  
71.  The Chair said that Korea ha d requested consultations with Japan regarding Measures related 
to the exportation of Products and Technology to Korea . The request had been circulated on 16 
September 2019 in document IP/D/42.1 
15.2  IPR-Related Issues in Trade Polic y Reviews  and the Director -General's Monitoring 
Reports  
72.  The Chair  invited the Secretariat to report on IP-related issues that ha d been considered in the 
context of individual Members' trade policy reviews.  
73.  The representative of the  Secretariat  took the floor.  
74.  The Council took note of the information provided . 
16  OBSERVER STATUS FOR INTERNATIONAL INTERG OVER NMENTAL ORGANIZATIONS  
75.  The Chair said that there were still 14 pending requests for observer status in the TRIPS Council 
by intergovernmental organizations. The updated list was available in document IP/C/W/52/Rev.14. 
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 He encouraged Members to try 
                                                
1 Also circulated with document symbol WT/DS590/1 . 
2 Available at https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm .  IP/C/M/9 3 
 
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  to resolve the diffe rences among themselves. He stood ready to assist.  He invited Members and 
Observers to share any views or developments.  
76.  The representatives of  Bangladesh ; the Bolivarian Republic of Venezuela ; South Africa ; the 
United States of America ; and China  took the floor.  
77.  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, th e invitation ha d been renewed at each mee ting. He suggest ed that EFTA again 
be invited to attend the Council's next formal meeting on an ad hoc basis.  
78.  The Council took note  of the statements made and agreed  to invite EFTA to attend the next 
meeting on an ad hoc  basis 
17  ANNUAL REPORT  
79.  The Chair  noted that the draft Annual Report of the Council had been circulated in document 
JOB/IP/35. It still needed to be updated in order to reflect the discussions at the pres ent meeting. 
He invited delegations to share their comments on the draft report.  
80.  He suggest ed that the Council agree that the Secretariat be requested to update the draft to 
reflect the discussions at the present  meeting. The revised draft would be faxed t o Members. 
Delegations  would have one week to comment on the updated parts of the draft report.  
81.  The Council so agree d. 
18  OTHER BUSINESS  
18.1  Dates for TRIPS Council Meetings in 2020  
82.  The Chair said that, considering that the 12th Ministerial Conference was scheduled to  take place 
in Nur -Sultan in early June  2020, the Council meetings would be earlier than usual in order to be 
able to conclude in time  for the Ministerial . The Secretariat ha d therefore reserved meeting rooms 
for the  following dates in 2020:  
a. Thursday and Friday, 6 -7 February;  
b. Thursday and Friday, 14 -15 May; and  
c. Tuesd ay and Wednesday, 13 -14 October.  
83.  He enquired whether those dates were acceptable.  
84.  The Council so agreed . 
18.2  Work Programme on Electronic Commerce   
85.  The Chair recalled that , at MC 11, Ministers had agreed th at the Work Programme on Electronic 
Commerce should continue, based on the existing mandate from 1998. They  had instructed the 
General Council to periodically review the work on the basis of reports to be su bmitted by the relevant 
WTO bodies. The Chair of the General Council  would report to the next General Council meeting in 
December.  In the TRIPS Council, there ha d been no discussion on e-commerce since its meeting in 
June 2018. In the informal consultation s in May, September and October  2019, no delegation had 
indicated any intention to propose e-commerce discussions in the TRIPS Council.  
86.  The Chair recalled the mandate under the Ministerial Decision on E-commerce and  invite d 
delegations to share any thoughts on how to pursue this mandate.  
87.  The representatives of Norway  and South Africa  took the floor.  IP/C/M/9 3 
 
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  88.  The Chair said that in any update on the TRIPS Council's work on e-commerce , he would  report 
the state of play to the General Council during its review of the Work Programme.  
89.  The Chair said that, since the beginning of the meeting, Mexico had requested to make a 
statement under Other Business on an issue that it would like to put on the agenda at th e next 
meeting of the Council. If that was agreeable to the Council, he would offer the floor to Mexico, so 
that delegations could better prepare for the discussion.  
90.  The representative of Mexico  took the floor.  
91.  The Chair  suggested that, if Mexico was plann ing to add that issue to the agenda of the next 
TRIPS Council meeting, it should contact the Secretariat, in writing, within the applicable deadline.  
92.  The Chair recalled that the Council had  completed discussions under all agenda items , except 
one. As agree d, he suspend ed the meeting , with the agenda item 7 on Non -violation and Situation 
Complaints remaining open.  He would  be in touch with delegations to see when it might be 
appropriate to reconvene the meeting in order to agree on a recommendation to the Ministerial 
Conference. He encourage d all delegations to use the time to engage in constructive discussions on 
some of t he longstanding issues on the Council's agenda. He remain ed available for any informal 
consultations that delegations  might find useful in the meantime.  
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