IP/C/92  
 
17 November 2021  
(21-8683) Page: 1/6 
   
 
 
ANNUAL REPORT (2021) OF THE COUNCIL FOR TRIPS  
1  GENERAL  
1.  Since the period covered by its 2020 report1, the Council for TRIPS has held seven formal 
meetings, on 23 February, 10 -11 March, 30 April, 8 -9 and 29 June, 20 July, 4 October, and 
13-14 October and 5 November  2021. The minutes of these meetings are to be found in documents 
IP/C/M/97 , IP/C/M/97/Add.1 , IP/C/M/98 , IP/C/M/98/Add.1 , IP/C/M/99 , IP/C/M/99/Add.1 , 
IP/C/M/100 , IP/C/M/100/Add.1 , IP/C/M/101 , IP/C/M/101/Add.1 , IP/C/M/102 , IP/C/M/103  and 
IP/C/M/103/Add.1 .2 Open -ended informal meetings were held on 19 January, 4 February, 22  April, 
31 May, 4 June, 17 June, 24 June, 30 June, 6 July, 14 July, 14 September, 4 October and 
5 November.  
2.  The open -ended informal meetings in January and February and the formal meetings in February 
and March were chaired by HE Ambassador Xolelwa Mlumbi -Peter (South Africa). The open -ended 
informal meetings in May, June, July, September, October and November, and the formal meetings 
in April, June, July, and October and November were chaired by Ambassador  Dagfinn Sørli (Norway).  
3.  The meetings o f 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 the 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 Protection of New V arieties 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 observer 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 status on a meet ing-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 13 
other organizations are  pending.3 
2  NOTIFICAT IONS 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 TRIPS  Agreement. At the Council 's meetings, the delegations of 
Central  African  Republic; European Union;  Japan; Korea, Republic of; Saudi Arabia, Kingdom of; 
Ukraine ; United Kingdom ; and Viet  Nam 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 per iod, a number of Members updated 
 
1 Document IP/C/87  and IP/C/87/Add.1 . 
2 As there were no interventions at the formal meeting of 4 October 2021, there will be no Addendum to 
IP/C/M/102. Documents IP/C/M/101/Add.1 , IP/C/M/103  and IP/C/M/103/Add.1  are to be circulated.  
3 The organizations in question are listed in document IP/C/W/52/Rev.14 . For more information, see 
also https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm .  IP/C/92  
 
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  their earlier notifications of laws and regulations, and several of them provided explanations of the 
significance of this new and amended legislation. 147  Members have notified contact points pursuant 
to Article  69, for th e purposes of cooperating with each other with a view to eliminating international 
trade in goods infringing intellectual property rights.  
5.  The Council also received notifications relating to use of the Special Compulsory Licensing 
Mechanism under Article 3 1bis and the Annex to the TRIPS Agreement. At the Council 's meeting in 
June, Bolivia , the Plurinational State of , provided further background to the notifications it had filed 
in this regard.  
3  REVIEWS OF NATIONAL LAWS AND REGULATIONS  
6.  The Council began prep arations 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 and 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 its 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 disclosure 
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 the Parties to the CBD h eld in Nagoya, Japan in 
October 2010, and the suggestion that the WTO Secretariat be requested to update the three factual 
notes4 that summarized the points delegations had made in the Council 's past discussions on these 
three agenda items.  
5  NON-VIOLATION AND SITUATION COMPLAINTS  
8.  As mandated by the Ministerial Decision taken at the eleventh Ministerial Conference in 
Buenos  Aires5, and as decided by the General Council in December 20196, the Co uncil continued to 
consider the application of non -violation and situation complaints under the TRIPS Agreement at its 
formal meetings on 10 -11 March, 8 -9 and 29 June , and 13-14 October and 5 November, including 
by reference to earlier communications.7 At its Octo ber meeting, the Council agreed to keep the 
agenda item open and to reconvene on short notice once further work was sufficiently mature with 
a view to agreeing on a recommendation to the 12th  Ministerial Conference. At its reconvened 
meeting on 5 November, the Council agreed to recommend, pursuant to the Decision of the 
Ministerial Conference of 10 December 2019 ( document WT/L/1080 ), that the 12t h Session of the 
Ministerial Conference decide as follows:  
"We take note of the work done by the Council for Trade -Related Aspects 
of Intellectual Property Rights pursuant to the General Council Decision of 
10 December 2019 on "TRIPS Non-Violation and Situation Complaints " 
(WT/L/1080), and direct it 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 make recommendations to 
the 13th Ministerial Conference. It is agreed that, in the meantime, 
Members will not initiate such complaints under the TRIPS Agreement. "8  
 
4 See documents IP/C/W/368/Rev.1 , IP/C/W/369/Rev.1  and IP/C/W/370/Rev.1 . 
5 See document WT/L/1033 . 
6 See document WT/L/1080 . 
7 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 . 
8 Circulated as document IP/C/91 . IP/C/92  
 
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  6  REVIEW OF IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE  71 
9.  At the Council 's formal meetings on 10 -11 March, 8-9 and 29 June, and 13 -14 October and 
5 November, the Chair recalled that the Council was required under TRIPS Article  71 to review the 
Agreement, having regard to the experience gained in the  implementation, and that it had not 
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 10 -11 March, 8 -9 and 29 June,  and 13 -14 October and 
5 November, 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 indications9 to do 
so, and also called upon delegation s 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.  
11.  In line with the Council 's recommendation made in March 2010, Members were also encouraged 
to share information on bilateral 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 10 -11 March, 8 -9 and 29 June, and 13 -14 October and 
5 November, the Chair updated delegations on the status of acceptances of the Protocol Amending 
the TRIPS  Agreement.  
13.  At these meetings, the Chair encouraged Members that were yet to notify their acceptance of 
the Protocol to ensure th at necessary measures were being taken at domestic level in order to 
proceed in a timely fashion. At its meeting in October, the Council agreed to recommend extending 
the acceptance period until 31 December 2023 or such later date as may be decided by the 
Ministerial  Conference and submitted a draft decision to the General Council for adoption.10 
14.   At its formal meeting on 13 -14 October and 5 November, the Council took up the annual review 
of the functioning of  the System, pursuant to paragraph 7 of the Anne x 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 operat ion of the System has been circulated as 
document IP/C/90 .  
9  IMPLEMENTATION OF ARTICLE 66.2  
15.  At its meeting in March, the Council followed up its eighteenth annual review of developed 
country Members ' reports on their implementation of Article 66.2.  
16.  At the Council 's meeting in June, developed country Members were invited to submit 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.  
17.  At its formal meeting on 13 -14 October and 5 November, the Council took up its nineteenth 
annual review of developed country Members ' reports on their implementation of Article  66.2. For 
this revie w, the Council reviewed new detailed reports presented by the following developed country 
 
9 Circulated in documents IP/C/13  and IP/C/13/Add.1 . 
10 Circulat ed as document IP/C/89 . IP/C/92  
 
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  Members: Australia, Japan, Switzerland, United Kingdom, United  States  of America, 
European  Union, Canada and Norway.11  
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
18.  At its formal meeting on 10 -11 March, the Council followed up its annual review of technical 
cooperation held at its meeting in October 2020.  
19.  At its formal meeting on 8 -9 and 29 June, the Council invited developed country Members to 
supply information on the ir 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 and November, the Council 
received updated information from the following dev eloped country Members: Australia, Japan, 
Switzerland, United Kingdom, United States of America, European Union, Canada and Norway.12 
Updated information was also received from the GCC, UNCTAD, WIPO, WHO, as well as from the 
WTO Secretariat.13 
11  INTELLECTUAL PROPERTY AND INNOVATION: MAKING MSMES COMPETITIVE IN 
GREEN TECH  
20.  At the request of Australia, Canada, Chile, European Union, Japan, S ingapore, Switzerland, 
Chinese Taipei, the United Kingdom and the United States of America, the Council had on the agenda 
of its formal meeting on 10 -11 March an item on "Intellectual Property and Innovation: Making 
MSMEs Competitive in Green Tech ". It had  before it a communication, co -sponsored by Australia, 
Canada, Chile, European Union, Japan, Singapore, Switzerland, Chinese Taipei, United Kingdom and 
the United States of America.14  
12  INTELLECTUAL PROPERTY AND INNOVATION: SUMMARY ON THE 2020 THEME – 
MAKIN G MICRO SMALL AND MEDIUM -SIZED ENTERPRISES (MSMES) COMPETITIVE 
THROUGH IP AND INNOVATION; AND INTELLECTUAL PROPERTY AND INNOVATION: 
INTELLECTUAL PROPERTY FOR INVESTMENT/FINANCING/FUNDING  
21.  At the request of Australia, Canada, Chile, the European Union, Japan , Singapore, Switzerland, 
Chinese Taipei, the United Kingdom, and the United States of America the Council had on the agenda 
of its formal meeting on 8 -9 and 29 June an item on "Intellectual Property and Innovation: Summary 
on the 2020 Theme – Making Micro  Small and Medium -Sized Enterprises (MSMEs) Competitive 
Through IP and Innovation ", which was subsequently co -sponsored by the United Kingdom, Chile 
and Singapore. It had before it communications from co -sponsors.15 At the request of Australia, 
Canada, Chi le, the European Union, Japan, Switzerland, Chinese Taipei, the United Kingdom and the 
United States of America the Council had on the agenda of its meeting in June an item on "Intellectual 
Property and Innovation: Intellectual Property for Investment/Fina ncing/Funding ", which was 
subsequently co -sponsored by Brazil and Singapore. It had before i t communications from 
co-sponsors.16 
13  INTELLECTUAL PROPERTY AND INNOVATION: WOMEN AND INTELLECTUAL PROPERTY  
22.  At the request of Australia, the European Union, Japan, S witzerland, Chinese Taipei, the 
United  Kingdom, and the United States of America the Council had on the agenda of its formal 
meeting on 13 -14 October and 5 November an agenda item on "Intellectual Property and Innovation: 
 
11 Circulated as documents IP/C/R/TTI/AUS/2 , IP/C/R/TTI/JPN/2 , IP/C/R/TTI/CHE/2 , IP/C/R/TTI/GBR/2 , 
IP/C/R/TTI/U SA/2, IP/C/R/TTI/EU/2 , IP/C/R/TTI/EU/2/Corr.1  (to be circulated), IP/C/R/TTI/CAN/2  and 
IP/C/R/TTI/NOR/2 . 
12 Circulated as documents IP/C/R/TC/AUS/2 , IP/C/R/TC/JPN/2 , IP/C/R/TC/CHE/2 , IP/C/R/TC/GBR/2 , 
IP/C/R/TC/USA/2 , IP/C/R/TC/EU/2 , IP/C/R/TC/CAN/2  and IP/C/R/TC/NOR/2 . 
13 Circulated as documents IP/C/R/TC/GCC/2 , IP/C/R/TC/UNCTAD/2 , IP/C/R/TC/WIPO/2 , 
IP/C/R/TC/ WHO/2 and IP/C/R/TC/WTO -OMC/2 . 
14 Circulated as document IP/C/W/675 . 
15 Circulated in documents IP/C/W/678  and IP/C/678/Rev.1 . 
16 Circulated in documents IP/C/W/679  and IP/C/W/679/Add.1 . IP/C/92  
 
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  Women and Intellectual Property ", which was subsequently co -sponsored by Canada, Chile and 
Uruguay. It had before it a communication from co -sponsors.17 
14  IP MEASURES IN THE CONTEXT OF COVID -19 
23.  At its formal meetings on 10-11 March, 8 -9 and 29 June, and 13 -14 October and 5  November, 
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 
WTO Secretariat.18  
15  EXTENSION OF THE TRANSITION PERIOD FOR LDC MEMBERS UNDER ARTICLE 66.1  
24.  The Council had on the agenda of its formal meetings on 10 -11 March, and on 8 -9 and 29 June 
an item on "Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for 
Least  Developed Country Members ". It had before it a communication from Chad on behalf of the 
LDC Group.19 This communication was also discussed at an open -ended informal meeting in June. 
At its formal meeting on 8 -9 and 29 June, th e Council agreed to extend the transition period for 
LDC Members to apply provisions of the TRIPS Agreement, other than Articles 3, 4 and 5, until 
1 July 2034, or until such a date on which they cease to be an LDC, whichever date is earlier.20  
16  PROPOSAL FO R A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
25.  The Council had on the agenda of its formal meetings in February, March, April, June, July, and 
October and November, an item on "Proposal f or a Waiver from Certain Provisions of the 
TRIPS  Agreement for the Prevention, Containment and Treatment of COVID -19". At the Council 's 
meetings in February, March and April, it had before it a communication on the topic from India and 
South Africa, subseq uently co -sponsored by the African Group; Bolivia, Plurinational State of; Egypt; 
Eswatini; Fiji; India; Indonesia; Jordan; Jordan; Kenya; LDC Group; Malaysia; Maldives; Mongolia; 
Mozambique; Namibia; Pakistan; South Africa; Vanuatu; Venezuela, Bolivarian Republic of; and 
Zimbabwe.21 This communication, and related submissions by co -sponsors and other delegations,22 
were also discussed at open -ended informal meetings in January, February and April.  
26.  At the Council 's formal meetings in June, July, and Octobe r and November, it had before it a 
revised communication on the topic from the African Group; Bolivia, Plurinational State of; Egypt; 
Eswatini; Fiji; India; Indonesia; Kenya; LDC Group; Maldives; Mozambique; Mongolia; Namibia; 
Pakistan; South Africa; Vanua tu; Venezuela, Bolivarian Republic of, and Zimbabwe, subsequently 
co-sponsored by Jordan and Malaysia.23 This communication was discussed at open -ended informal 
meetings in May, June, July, September, October and November.  
27.  At its meeting on 13 -14 October, reconvened on 5 November, the Council agreed to keep the 
agenda item open and to reconvene on short notice once there was an indication that the Council 
could reach agreement on how to conclude these discussions before the Ministerial Conference, in a 
timely manner.  
17  DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC 
HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC  
28.  The Council had on the agenda of its formal meetings on 20 July and on 13-14 October  and 
5 November  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 
 
17 Circulated in document IP/C/W/685 , IP/C/W/685/Add.1 , IP/C/W/685/Add.2  and IP/C/W/685/Add.3 . 
18 Available from https://www.wto.org/english/tratop_e/covid19_e/trade_related_ip_measure_e.htm . 
19 Circulated in documents IP/C/W/668  and IP/C/W/668/Corr.1 . 
20 Circulated in document IP/C/88 . 
21 Circulated in documents IP/C/W/669 , IP/C/W/669/Add.1  – IP/C/W/669/Add.16  and 
IP/C/W/669/Corr.1 . 
22 See documents IP/C/W/670 , IP/C/W/671 , IP/C/W/672 , IP/C/W/673  and IP/C/W/674 .  
23 Circulated in documents IP/C/W/669/Rev.1 , IP/C/W/669/Rev.1/Add.1  and IP/C/W/669/Rev.1/Add.2 . IP/C/92  
 
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  European  Union.24 The communication was discussed at open -ended informal meetings in June, July, 
September, October and November.  
29.  At its meeting on 13 -14 October, reconvened on 5 November, the Council agreed to keep the 
agenda item open and to reconvene on short notice onc e there was an indication that the Council 
could reach agreement on how to conclude these discussions before the Ministerial Conference, in a 
timely manner.  
18  INFORMATION REQUEST UNDER ARTICLE 63.3 – REQUEST BY THE EUROPEAN UNION  
30.  The Council had on the agen da of its formal meeting on 13 -14 October and 5 November an  item 
on "Information Request under Article 63.3 – Request by the European Union ". It had before it a 
communication on the topic from the European Union25 and a communication from China.26  
19  INFORMA TION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
31.  At the Council 's formal meetings on 10 -11 March, 8 -9 and 29 June, and 13 -14 October and 
5 November the WTO Secretariat provided an  overview of the wide range of trade -related measures 
and experiences in th e 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 June.  
20  OBSERVER STATUS  FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
32.  At each regular meeting, the Council continued its consideration of the pending requests 
for observer status from international intergovernmental organizations.  
21  OTHER BUSINESS  
33.  At the Council 's formal meet ing in February, the United States of America noted a side event 
that took place in March focusing on IP, MSMEs and green technology; and on LDC and LMIC 
partnerships, innovation and technology diffusion. At the Council 's formal meeting in July, the WIPO 
noted its commitment to taking measures to support the goal of equitable access to COVID -19 
vaccines, therapeutics, diagnostics, and other health technologies; trilateral cooperation among the 
WIPO, WHO and WTO; and WIPO pandemic -response measures, such as the COVID -19 Policy 
Tracker.  
__________  
 
 
24 Circulated in document IP/C/W/681 . 
25 Circulated in document IP/C/W/682 . 
26 Circulated in document IP/C/W/683 .