IP/C/93  
 
21 November  2022 
(22-8683) Page: 1/6 
   
 
 
ANNUAL REPORT (20 22) OF THE COUNCIL FOR TRIPS   
1  GENERAL  
1.  Since the period covered by its 20 21 report1, the Council for TRIPS has held  formal meetings on 
22 February , 9-10 March  (continued on 6 May and 1 June ), 6 July, and 12 -13 October 2022 . The 
minutes of these meetings are to be found in documents  IP/C/M/103/Rev.1 , IP/C/M/104 , 
IP/C/M/104/Rev.1 , IP/C/M/104/Add.1 , IP/C/M/105 , IP/C/M/105/Corr.1 , IP/C/M/105/Add.1 , 
IP/C/M/106 , and IP/C/M/106/Add.1 .2 Open-ended informal meeting s were held on 22 February, 3, 
6, 16 and 19  May, 1 and 10 June, 19 September,  3 October,  and 2 November  2022. 
2.  The formal and open-ended informal meetings in February and March were chaired by 
Ambassador  Dagfinn Sørli  (Norway) . The remaining meeting s were chaired by  
Ambassador  Dr Lansana Gberie (Sierra Leone) . 
3.  The meetings of the Council were open to all WTO Members, other governments with observer 
status in WTO bodies and certain international intergovernmental organizations granted observer 
status in the Council. The Cooperation Council of the Arab States of t he Gulf (GCC), the African 
Regional Intellectual Property Organization (ARIPO), the African Intellectual Property Organization 
(OAPI) , the Food and Agriculture Organization (FAO), the International Monetary Fund (IMF), the 
International Union for the Prote ction of New Varieties of Plants (UPOV), 
the Organisation  for Economic Co -operation and Development (OECD), the United  Nations (UN), the 
United Nations Conference on Trade and Development (UNCTAD), the World Bank  (WB), 
the World  Customs Organization (WCO) and the World Intellectual Property Organization (WIPO) 
enjoy regular observ er status in the TRIPS Council.  The World Health Organization (WHO) has ad hoc 
observer status in the Council. At its meeting in March 2002, the Council agreed to a  request from 
the Joint United Nations Programme on HIV/AIDS (UNAIDS) for observer status during the Council 's 
discussions on the TRIPS  Agreement and public health at that and future meetings. At its meeting 
in November 2012, the Council agreed to grant ad hoc  observer st atus on a meeting -by-meeting 
basis to the European  Free Trade Association (EFTA). Pursuant to this  decision , EFTA was invited to 
attend each formal meeting on an ad hoc  basis. Decisions on requests for observer status from 1 3 
other organizations are  pending.3 
2  NOTIFICATIONS UNDER THE PROVISIONS OF THE AGREEMENT  
4.  The Council took note of notifications  of new or revised legislative measures  made under 
Article  63.2 of the TR IPS Agreement. At the Council 's meetings, t he delegations of  Australia; the 
Kingdom of Bahrain; Brazil; the European Union; Guatemala ; Japan; the Republic of Moldova; 
Montenegro; the Russian Federation; the Kingdom of Saudi Arabia; the Seychelles; Switzerland; 
Chinese Taipei; Thailand; Tonga; Trinidad and Tobago; Ukraine; the United Kingdom ; and  the 
United  States  of America  provided further background to the notifications they had filed. To date, 
139  Members have notified, pursuant to Article  63.2, all or part of their implementing legislation 
relating to all provisions of the Agreement. 112 Members have provided responses to the Checklist 
of Issues on Enforcement. During the reporting period, a number of  Members updated their earlier 
notifications of laws and regulations , and several of them provided explanations of the significance 
of this new and amended legislation . 148 Members have notified contact points pursuant to 
 
1 Document IP/C/92. 
2 Documents  IP/C/M/106  and IP/C/M/106/Add.1  to be circulated.  
3 The organizations in question a re listed in document IP/C/W/52/Rev.1 4. For more information, see 
also https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm .  IP/C/93  
 
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  Article  69, for the  purposes of cooperating with each other with a view to eliminating international 
trade in goods infringin g intellectual property rights.  
5.  At the March meeting the Council took note of the Secretariat 's Annual Report on Notifications 
and Other Information Fl ows4, which presents and summarizes submission rates and identifies 
trends for each of the primary TRIPS transparency mechanisms. As in the previous report circulated 
in 20215, Member -specific information relating to each of the transparency mechanisms i s provided 
in an Annex to the report.  
3  REVIEWS OF NATIONAL LAWS AND REGULATIONS  
6.  The Council began preparations for the review of the national implementing legislation of Samoa. 
The Chair also invited delegations to consider how to make best use of this agenda item, including 
by reverting to any matter stemming from previous reviews an d by proposing further reviews in the 
future.  
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B); RELATIONSHIP BETWEEN 
THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY; AND 
PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
7.  Following the practice in i ts past meetings that delegates address these three agenda items 
together, the Council continued to discuss them together on the basis of contributions by Members , 
including as regards the patentability of life forms and the introduction of a mandatory dis closure 
requirement in the TRIPS Agreement . This discussion also covered  the earlier suggestion that the 
Secretariat of the Convention on Biological Diversity (CBD) be invited to brief the Council on the 
outcome of the tenth meeting of the Conference of th e Parties to the CBD held in Nagoya, Japan in 
October 2010, and the suggestion that the WTO Secretariat be requested to update the three factual 
notes6 that summarized the points delegations had made in the Council 's past discussio ns on these 
three agenda items.  
5  NON-VIOLATION AND SITUATION COMPLAINTS  
8.  As decided by the General Council in December 20197 and as mandated by the 
Ministerial  Decision taken at the twelfth  Ministerial Conference in Geneva8 in June 2022 , the Council 
continued to consider th e application of non -violation and situation complaints under the 
TRIPS  Agreement  at its formal meetings  on 9-10 March, 6 July  and 12-13 October , including by 
reference to  earlier communications.9 
6  REVIEW OF IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE  71 
9.  At the Council 's formal meeting s on 9-10 March , 6 July  and 12-13 October , the Chair recalled 
that the Cou ncil was required under Article  71 to review the Agreement, having regard to the 
experience gained in its implementation, and that it had no t discharged this obligation. Delegations  
were encouraged  to consider how to take forward this mandated review.  
7  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
10.  At the Council 's formal meetings on 9-10 March , 6 July  and 12-13 October,  the Chair invited 
delegations that had not yet provided responses to the Checklist of Questions on the application of 
the TRIPS  Agreement in the area of geographical indications10 to do so . He also called u pon 
delegations that had already provided responses to  provide updates to the extent there had been 
any significant changes to the way they provided protection to geographical indications.  
 
4 Document IP/C/W/687 . 
5 Document IP/C/W/676 . 
6 See documents IP/C/W/ 368/Rev.1 , IP/C/W/369/Rev.1  and IP/C/W/370/Rev.1 . 
7 See document WT/L/1080 . 
8 See document WT/L/1 137. 
9 See documents IP/C/W/599 , IP/C/W/385/Rev.1 , IP/C/W/385/Rev.1/Add.1  - IP/C/W/385/Rev.1/ Add.3 . 
10 Circulated in documents IP/C/13  and IP/C/13/ Add.1 . IP/C/93  
 
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  11.  In line with the Council 's recommendation made in March 2010, Members were also encouraged 
to share information on bilate ral agreements related to the protection of geographical indications 
into which they had entered.  
8  REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM  
12.  At the Council 's formal meetings on 9-10 March, 6 July and 12-13 October , the Chair update d 
delegations on t he status of acceptances of the Protocol  Amending the TRIPS  Agreement . At these 
meeting s, the Chair  encouraged Members that were yet to notify their acceptance of the Protocol to 
ensure that necessary measures were being taken at the domestic level in orde r to proceed in a 
timely fashion.   
13.   At its formal meeting on 12-13 October , the Council took up the annual review  of the functioning 
of the System , pursuant to paragraph 7 of the Annex to the amended TRIPS Agreement and 
paragraph  8 of the  Decision  of 30 August 2003 on the Implementation of Paragraph 6 of the 
Doha Declaration on the TRIPS Agreement and Public Health , respectively . The Council 's report to 
the General Council on the operation of the System  has been circulated as document  IP/C/94.  
9  IMPLEMENTATION OF ARTICLE 66.2  
14.  At its formal meeting on 9-10 March , the Council followed up its nineteenth  annual review of 
developed country Members ' reports on their implementation of Article 66.2.  
15.  At the Council 's formal meeting on 6 July, developed country Members were invited to submi t 
updates to their most recent reports on actions they had taken or planned in pursuance of their 
commitments under Article  66.2 for consideration at the Council 's meeting in October . 
16.  At its formal meeting on 12-13 October , the Council took up its twentieth annual review of 
developed country Members ' reports on their implementation of Article 66.2. For this review, the 
Council re viewed the first set of updates to the seventh set of new detailed reports presented by  the 
following developed country Me mbers:  Australia, Canada, the European Union, Japan , New Zealand, 
Norway, Switzerland, the United Kingdom, and the United States  of America .11  
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
17.  At its formal meeting on 9-10 March , the Council followed up it s ann ual review of technical 
cooperation held at its meeting in October  2021. 
18.  At its formal meeting on 6 July , the Council noted the creation of the WHO-WIPO -WTO 
COVID - 19 Technical Assistance Platform . This joint trilateral website  aims to help Members and 
WTO accession candidates address their capacity -building needs to respond to the COVID -19 
pandemic. It offer s a one -stop shop for Members to facilitate and provide timely and tailored 
technical assistance, upon request, in making full use of all available options to access vaccines, 
medicines and technologies, including through coordination and exchange between Members facing 
similar challenges.  
19.  At its formal meeting on 6 July , the Council invited developed country Members to supply 
information on their activities pursuant to Article 67 of the TRIPS Agreement prior to the annual 
review of technical cooperation at its meeting in October . Intergovernmental organizations that have 
observer status in the TRIPS Council were invited to provide  information on their activities of 
relevance and, further, the WTO Secretariat was requested to report on its activities. In  preparation 
for the annual review it held at its meeting in October , the Council received updated information 
from the following d eveloped country Members: Australia, Canada, the European Union, Japan, 
New Zealand, Norway, Switzerland, the United Kingdom, and the United States  of America .12 
 
11 Circulated as documents  IP/C/R/ TTI/AUS/ 3, IP/C/R/ TTI/CAN/3, IP/C/R/TTI/EU/3 , IP/C/R/ TTI/JPN/ 3, 
IP/C/R/ TTI/NZL/2, IP/C/R/ TTI/NOR/3, IP/C/R/TTI/CHE/3 , IP/C/R/ TTI/GBR/3, IP/C/R/ TTI/USA/3. 
12 Circulated as d ocuments  IP/C/R/TC/AUS/ 3, IP/C/R/TC/ CAN/3, IP/C/R/TC/EU/3 , IP/C/R/TC/JPN/ 3, 
IP/C/R/TC/ NZL/1, IP/C/R/TC/ NOR/3, IP/C/R/TC/CHE/ 3, IP/C/R/TC/ GBR/3, IP/C/R/TC/ USA/3. IP/C/93  
 
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  Updated information was also received from  the GCC, UNCTAD, WCO, WHO, WIPO , as well as from 
the WTO Secretariat .13 
11  INTELLECTUAL PROPERTY , INNOVATION  AND MICROFINANCE  
20.  At the request of Australia; Canada; Chile; the European Union; Japan; Singapore; Switzerland; 
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; the United Kin gdom; and 
the United States of America , the Council had on the agenda of its formal meeting on 9-10 March  
an item on "Intellectual Property , Innovation  and Microfinance ". It had before it a communication 
co-sponsored by these delegations .14  
12  INTELLECTUAL PROPERTY AND INNOVATION: IP LICENSING OPPORTUNITIES  
21.  At the request of Australia; Canada; the European Union; Hong Kong, China; Japan; Singapore; 
Switzerland;  The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ; the 
United  Kingdo m; and the United States of America, the Council had on the agenda of its formal 
meeting on 6 July  an item on "Intellectual Property and Innovation: IP Licensing Opportunities ". It 
had before it a communication co -sponsor ed by these delegations .15 
13  INTELLECTUAL PROPERTY AND INNOVATION: ROLE OF IP TO RAISE FINANCE FOR 
START -UPS 
22.  At the request of Australia; Canada; Chile; the European Union; Japan; the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu; Singapore; Switzerland; the United Ki ngdom; and 
the United States of America, the Council had on the agenda of its formal meeting on 
12-13 October  2022 an item on "Intellectual Property and Innovation: Role of IP to raise Finance for 
Start-ups". It had before it a communication co -sponsored b y these delegations.16 
14  IP MEASURES IN THE CONTEXT OF COVID -19 
23.  At its formal meetings on 9-10 March  and 6 July , the Council had on its agenda an item on 
"IP Measures in the Context of COVID -19", referencing the list of "COVID -19: Measures regarding 
Trade-Related Intellectual Property Rights " prepared by the Secretariat.17 At its meeting on 6 July, 
the Council agreed to treat under this agenda item also any information communicated under 
paragraph  5 of the Ministerial Decision o n the TRIPS Agreement18 and any initiatives under 
paragraph  24 of the Ministerial Declaration on the WTO Response to the COVID -19 Pandemic and 
Preparedness for Future Pandemics .19 To reflect this, the Council agreed to rename the agenda item 
"IP and COVID -19" for the future and  had this renamed item on the agenda of its meeting on 
12-13 October 2022 . 
15  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
24.  The Council had on the agenda of its formal meeting s in February  and March , continued in May 
and June, an item on "Proposal for a Waiver from Certain Provisions of the TRIPS Agreement for the 
Prevention, Containment and Treatment of COVID -19". It had before it  a revised communication on 
the topic  from the African Group; the Plurinational State of Bolivia ; Egypt; Eswatini; Fiji; India; 
Indonesia; Kenya; the LDC Group; the Maldives; Mozambique; Mongolia; Namibia; Pakistan; 
South  Africa; Vanuatu; the Bolivarian Rep ublic of  Venezuela ; and Zimbabwe, subsequently 
 
13 Circulate d as d ocument s IP/C/R/TC/G CC/3, IP/C/R/TC/ UNCT AD/3, IP/C/R/TC/WCO/1 , 
IP/C/R/TC/W HO/3, IP/C/R/TC/WIPO/3 , IP/C/R/TC/WTO -OMC/3. 
14 Circulated as document IP/C/W/6 86. 
15 Circulated in document IP/C/W/6 91. 
16 Circulated in document IP/C/W/6 92. 
17 Available from https://www.wto.org/english/tratop_e/covid19_e/trade_related_ip_measure_e.htm . 
18 See document WT/L/1141 . 
19 See document WT/L/1142 . IP/C/93  
 
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  co-sponsored by Jordan,  Malaysia and Argentina .20 This communication was also discussed at 
open-ended informal meetings held in February, May and June.  
16  DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC 
HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC  
25.  The Council had on the agenda of its formal meeting s in February and March, continued in May 
and June, an item on  "Draft General Council Declaration on the TRIPS Agreement and Public Health 
in the Circumstances of a Pandemic ". It had before it a communication on the topic from the 
European Union.21 This communication was also discussed at open -ended informal meetings held in 
February, May and June.  
17  PARAGRAPH 8 OF THE MINISTERIAL DECISION ON TH E TRIPS AGREEMENT  
26.  The Council had on the agenda of its formal meeting s on 6 July and 12 -13 October an item on 
"Paragraph 8 of the Ministerial Decision on the TRIPS Agreement ". This paragraph provides that 
Members will take a decision on the extension of this Decision to cover the production and supply of 
COVID -19 therapeutics and diagnostics no later than six months from its adoption.22 At its meeting 
of 12-13 October the Council agreed to keep the agenda item open and to reconvene as appropr iate 
in advance of the 17 December deadline . This item was also discussed at open -ended informal 
meetings held in September, October,  and November.  
18  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
27.  At the Council 's formal meetings on 9-10 March, 6 July and 12-13 October , the WTO  Secretariat 
provided an  overview of the  wide range of  trade -related measures and experiences in the field of 
intellectual property that had been  raised by Members in recent WTO Trade Policy Reviews.  The 
Council was also informed about new acceptances of the Protocol amending the TRIPS  Agreement 
at its formal meetings in March and July. 
28.  At the Council 's meeting in March, the Chair informed Members that b y means of a 
communication dated 18 February 202 2, the European Union had requested consultations with China 
regarding the Enforcement of Intellectual Property Rights . This request ha d been circulated on 
22 February 2022 in document IP/D/43 .23 
29.  At the Council 's meeting in July, the Chair informed Members about the outcomes of the twelfth 
Ministerial Conference relevant to th e work of the Council.  
19  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
30.  At each regular meeting, t he Council continued its consideration of the pending requests 
for observer status from international in tergovernmental organizations.  
20  OTHER BUSINESS  
31.  At its meeting in July the Chair recalled that the Ministerial Decision on the Work Programme 
on Electronic Commerce adopted at the twelfth Ministerial Conference24 instructed the General 
Council to reinvigorat e the Work Programme on Electronic Commerce, based on the existing 
mandate, and to periodically review work based on reports submitted by relevant WTO bodies. He 
recalled that the TRIPS Council had had discussions relating to the E -commerce Work Programme 
in 2019 and 2020, when a number of delegations had supported making this a standing item on the 
TRIPS Council 's agenda. Others, however, had preferred that the topic only be taken up on the basis 
of proposals by Members, and he had not detected any movemen t of positions in this regard. He 
 
20 Circulated in documents IP/C/W/669/Rev.1 , IP/C/W/669/Rev.1/Add.1 , IP/C/W/669/Rev.1/Add. 2 and 
IP/C/W /669/Rev.1/Add.3 .  
21 Circulated in document IP/C/W/681 . 
22 See document WT/L/1141 . 
23 Also circulated with docume nt symbol WT/DS611/1 . 
24 See document  WT/L/1 143. IP/C/93  
 
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  informed Members that, if requested, he would report accordingly to the General  Council during its 
review of the Work Programme.  
 
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