RESTRICTED  
  
IP/C/M/93/Add.1  
 
9 December 2019  
(19-8509) Page: 1/80 
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 (Mongolia)  
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held on 
17 and 18 October  2019.  
 
_______________  
 
Table of Contents  
1   NOTIFICATIONS UN DER PROVISIONS OF TH E AGREEMENT  ................................ ........  5 
2   REVIEW OF NATION AL IMPLEMENTING LEGI SLATION  ................................ ................  9 
3   REVIEW OF THE PR OVISIONS OF ARTICLE 27.3(B)  ................................ .....................  9 
4   RELATIONSHIP BET WEEN THE TRIPS AGREE MENT AND THE CONVENT ION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 9 
5   PROTECTION OF TR ADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ..... 9 
6   ANNUAL REVIEW OF  THE SPECIAL COMPULSORY LICENSING SYSTEM  
(PARAGRAPH 7 OF THE ANNEX TO THE AMENDED  TRIPS AGREEMENT AND   
PARAGRAPH 8 OF THE D ECISION ON THE IMPLE MENTATION OF PARAGRA PH 6  
OF THE DOHA DECLARAT ION ON THE TRIPS AGR EEMENT AND PUBLIC HE ALTH)  ...........  18 
7   NON-VIOLATION AN D SITUATION COMPLAIN TS ................................ .......................  21 
8   REVIEW OF THE IM PLEMENTATION OF THE TRIPS AGREEMENT UNDE R  
ARTICLE 71.1  ................................ ................................ ................................ .................  27 
9   REVIEW OF THE AP PLICATION OF THE PRO VISIONS OF THE SECTI ON ON 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 ................................ ....................  27 
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  ......................  27 
11   TECHNICAL COOPE RATION AND CAPACITY -BUILDING  ................................ ............  33 
12   AN INCLUSIVE AP PROACH TO TRANSPAREN CY AND NOT IFICATION  
REQUIREMENTS  ................................ ................................ ................................ .............  43 
13   INTELLECTUAL PR OPERTY AND INNOVATIO N: PUBLIC -PRIVATE  
COLLABORATIONS IN IN NOVATION - IP COMMER CIALIZA TION  ................................ .... 47 
14   INTELLECTUAL PR OPERTY AND THE PUBLI C INTEREST: R&D COST S  
AND PRICING OF MEDIC INES AND HEALTH TECH NOLOGIES  ................................ ..........  67 
15   INFORMATION ON RELEVANT DEVELOPMENT S ELSEWHERE IN THE W TO ...............  78 IP/C/M/93/Add.1  
 
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 15.1   Dispute Settlement  ................................ ................................ ..............................  78 
15.2   IPR-Related Issues in Trade Policy Reviews and the Director -General's Monitoring 
Reports  ................................ ................................ ................................ ..........................  78 
16   OBSERVER STATUS  FOR INTERNATIONAL I NTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ ...........  79 
17   ANNUAL REPORT  ................................ ................................ ................................ ..... 79 
18   OTHER BUS INESS  ................................ ................................ ................................ .... 80 
18.1   Dates for TRIPS Council Meetings in 2020 ................................ ............................  80 
18.2   Work Programme on Electronic Commerce  ................................ ..........................  80 
 
 
  IP/C/M/93/Add.1  
 
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 INDEX OF THE STATEMENTS MADE  
AT THE MEETING OF COUNCIL FOR TRIPS 17 -18 OCTOBER 2019*  
 
 
 
African Regional Intellectual Property 
Organization  
Technical Cooperation  ..........................  40 
Argentina  
Non-violation and situation complaints  ... 25 
Australia  
Article 66.2  ................................ ........  31 
Biotech, Biodiversity, TK  ......................  15 
IP and Innovation - IP Commercialization 55 
Technical Cooperation  ..........................  35 
Bangladesh  
Article 66.2  ................................ ........  32 
Biotech, Biodiversity, TK  ......................  11 
Non-violation and situation complaints  ... 21 
Observer Status  ................................ .. 79 
Technical Cooperation  ..........................  36 
Barbados  
Special Compulsory Licensing System  .... 20 
Benin, on behalf of West African 
Economic and Monetary Union  
Technical Cooperation  ..........................  35 
Bolivia , Plurinational State of  
Biotech, Biodiversity, TK  ......................  13 
Non-violation and situation complaints  ... 26 
Brazil  
Biotech, Biodiversity, TK  ......................  14 
IP and Innovation - IP Commercialization 61 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technolog ies ................................ .... 73 
Non-violation and situation complaints  ... 24 
Notifications  ................................ .........  7 
Special Compulsory Licensing System  .... 18 
Transparency  ................................ ...... 45 
Canada  
Article 66.2  ................................ ........  27 
Biotech, Biodiversity, TK  ......................  16 
IP and Innovation - IP Commercialization 59 
Non-violation and situation complaints  ... 24 
Notifications  ................................ .........  5 
Special Compulsory Licensing System  .... 19 
Technical Cooperation  ..........................  33 
Chile  
Biotech, Biodiversity, TK  ......................  16 
Non-violation and situation complaints  ... 21 
China  
Biotech, Biodiversity, TK  ......................  16 
IP and Innovation - IP Commercialization 60 
IP and  Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ .... 71 
Non-violation and situation complaints  ... 26 
Observer Status  ................................ .. 79 
Transparency  ................................ ...... 45 Colombia  
Non-violation and situation complaints  ... 21 
Cooperation Council for the Arab States 
of the  Gulf 
Technical Cooperation ..........................  38 
Costa Rica  
IP and Innovation - IP Commercialization 62 
Ecuador  
Biotech, Biodiversity, TK  ......................  12 
Non-violation and situation complaints  ... 23 
European Union  
Article 66.2  ................................ ........  29 
IP and Innovation - IP Commercialization 52 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ..............................  69, 77  
Non-violation and situation complaints  ... 25 
Technical Cooperation ..........................  34 
Transparency  ................................ ..... 45 
Guatemala  
Non-violation and situation complaints  ... 25 
Hong Kong, China  
IP and Innovation - IP Commercialization 57 
Non-violation and situation complaints  ... 25 
India  
Biotech, Biodiversity, TK  ......................  12 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ ... 68 
Non-violation and situation complaints  ... 23 
Special Compulsory Licensi ng System  ... 18, 
21 
Transparency  ................................ ..... 44 
Indonesia  
Biotech, Biodiversity, TK  ......................  13 
Non-violation and situation complaints  ... 23 
Japan  
Article 66.2  ................................ ........  31 
Biotech, Biodiversity, TK  ......................  17 
IP and Innovation - IP Commercialization 53 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ ... 74 
Notifications  ................................ .........  6 
Special Compulsory Licensing System  .... 20 
Technical Cooperation ..........................  33 
Transparency  ................................ ..... 46 
Korea, Republic of  
IP and Innovation - IP Commercialization 60 
Mauritius  
Notifications  ................................ .........  7 
Mexico  
E-commerce  ................................ ....... 80 
Non-violation and situation complaints  ... 22 
Notifications  ................................ .........  5 IP/C/M/93/Add.1  
 
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 New Zealand  
Non-violation and situation complaints  ... 23 
Nigeria  
Biotech, Biodiversity, TK  ......................  14 
Non-violation and situation complaints  ... 22 
Norway  
Article 66.2  ................................ ........  32 
E-commerce  ................................ ....... 80 
IP and Innovation - IP Comme rcialization 63 
Non-violation and situation complaints  ... 25 
Technical Cooperation  ..........................  35 
Panama  
Non-violation and situation complaints  ... 22 
Russian Federation  
Non-violation and situation complaints  ... 24 
Singapore  
IP and Innovation - IP Commercialization 58 
Non-violation and situation complaints  ... 24 
South Africa  
Biotech, Biodiversity, TK  ......................  10 
E-commerce  ................................ ....... 80 
IP and Innovation - IP Commercialization 64 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ .... 67 
Non-violation and situation complaints  ... 26 
Observer Status  ................................ .. 79 
Special Compulsory Licensing System  .... 19 
Transparency  ................................ . 43, 46  
Switzerland  
Article 66.2  ................................ ........  32 
Biotech, Biodiversity, TK  ......................  17 
IP and Innovation - IP Commercialization
 ................................ .................  47, 66  
IP and Public Interest - R&D Costs an d 
Pricing of Medicines and Health 
Technologies  ................................ .... 74 
Non-violation and situation complaints  ... 26 
Chinese Taipei  
IP and Innovation - IP Commercialization 51 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ .... 72 Non-violation and situation complaints  ... 25 
Notifications  ................................ .........  6 
Thailand  
Biotech, Biodiversity, TK  ......................  15 
Non-violation and situation complaints  ... 22 
Ukraine  
Biotech, Biodiversity, TK  ........................  9 
IP and Innovation - IP Commercialization 65 
United Nations Conference on Trade and 
Development  
Technical Cooperation ..........................  40 
United States of America  
Article 66.2  ................................ ........  28 
Biotech, Biodiversity, TK  ......................  18 
IP and Innovation - IP Commercialization 48 
IP and Public Interest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ ... 75 
Non-violation and situation complaints  ... 27 
Observer Status  ................................ .. 79 
Special Compulsory Licensing System  .... 20 
Technical Cooperation ..........................  34 
Venezuela, Bolivarian Republic of  
Observer Status  ................................ .. 79 
World Customs Organization  
Technical Cooperation ..........................  42 
World Health Organization  
IP and Public Inte rest - R&D Costs and 
Pricing of Medicines and Health 
Technologies  ................................ ... 77 
Technical Cooperation ..........................  37 
World Intellectual Property Organization  
Technical Cooperation ..........................  39 
WTO Secretariat  
Information on Developments in WTO  ... 78 
Notifications  ................................ .........  7 
Technical Cooperation ..........................  36 
Zimbabwe  
Biotech, Biodiversity, TK  ......................  14 
Special Compulsory Licensing System  .... 20 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_______________  
* A record of statements as delivered in the formal session of the Council. Some statements have been 
lightly edited as appropriate to ensure the consistency of presentation.  
  IP/C/M/93/Add.1  
 
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 1  NOTIFICATIONS UNDER PROVISIONS OF THE AG REEMENT  
1.1  Mexico  
1.  This delegation is pleased to inform the TRIPS Council that Mexico has issued a General 
Declarati on on Protection of the "Raicilla " appellation of origin.  
2.  The Declaration has been notified to the Secretariat and published on the WTO website under 
document symbol IP/N/1/MEX/G/8. We would therefore like to comment on the main points of this 
notification . 
3.  The General Declaration grants protection of the "Raicilla " appellation of origin in accordance with 
the Law on Industrial Property for the protection of distilled alcoholic beverages made from various 
types of agave, which is produced in 16 municipaliti es in the State of Jalisco and one municipality in 
the State of Nayarit.  
1.2  Canada  
4.  Canada is pleased to take this opportunity to present notifications IP/N/1/CAN/20 and 
IP/N/1/CAN/21, on recent amendments to Canada 's Trademarks Act, as well as Canada 's new 
Industrial Design Regulations, respectively.  
5.  Canada 's first notification for this meeting (IP/N/1/CAN/20) provides an overview of recent 
amendments to Canada 's Trademarks Act under Bill C -79 (An Act to implement the Comprehensive 
and Progressive Agreement for Trans -Pacific Partnership between Canada, Australia, Brunei, Chile, 
Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Viet Nam ). Bill C -79 amends the 
Trademarks Act to expand the application of subsections 53(1) and 53.1(1) to apply to goods that 
have a mark applied to them that is confusing with a registered trademark. The amendments to 
Canada 's Trademarks Act received Royal Assent and entered into  force on 25 October 2018.  
6.  Canada 's second notification (IP/N/1/CAN/20) introduces Canada 's new Industrial Design 
Regulations. The new Industrial Design Regulations carry out amendments made to the Industrial 
Design Act by Bill C -43, A second Act to implem ent certain provisions of the budget tabled in 
Parliament on 11 February 2014 and other measures (as previously notified under IP/N/1/CAN/D/3), 
which facilitate Canada 's accession to the Hague Agreement, and modernize Canada 's industrial 
design regime. The  amendments to the Industrial Design Act and the new Industrial Design 
Regulations entered into force on  5 November 2018. By joining the Hague Agreement, Canadian 
businesses and innovators will have access to an efficient and effective means of protecting their 
industrial designs around the world. The modernization measures will also update, codify and 
improve aspects of Canada 's industrial design regime, aligning it with our key trading partners, 
reducing red tape for business and improving e -services for  Canadian  clients.  
7.  Canada would also like to take the opportunity to briefly notify four notifications on recent 
amendments to Canada 's Patent Act, Trademarks Act, and Copyright Act, as well as the enactment 
of the College of Patent and Trademark Agents, un der Bill C -86 (A second Act to implement certain 
provisions of the budget tabled in Parliament on 27 February 2018 and other measures).  
8.  Bill C-86 includes amendments to Canada 's Patent Act to establish a regime for written demand 
letters relating to patent s, and also codifies the research exemption in Canadian law. Bill C -86 also 
amends the Act to specify that licensing commitments that bind the owner of a standard essential 
patent bind any subsequent owners. Bill C -86 also amends the Act to expand the righ ts of a person 
in respect of a claim in a patent who meets the requirements to be considered a prior use.  
9.  With respect to Canada 's Trademarks Act, Bill C -86 amends the Act to add bad faith as a ground 
of opposition to the registration of a trademark and fo r the invalidation of a trademark registration. 
It also amends the act to prevent the owner of a registered trademark from obtaining relief for 
certain acts during the first three years after the trademark is registered, unless the trademark was 
in use in Canada during that period (or special circumstances exist that excuse the absence of use). 
Bill C-86 also includes amendments to clarify that certain prohibitions of the Trademarks Act do not 
apply with respect to a badge, crest, emblem, or mark that was t he subject of a public notice of IP/C/M/93/Add.1  
 
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 adoption and use as an official mark if the entity that made the request for the public notice is not 
a public authority or no longer exists. As well, Bill C -86 modernizes the conduct of various 
proceedings before the Regis ter of Trademarks, and also makes certain housekeeping amendments 
to provisions of the Act.  
10.  Bill C -86 also amends the Copyright Act in order to specify that certain information is not 
permitted to be included within a notice under Canada 's "notice -and-notice" regime for Internet 
service provider liability, and to provide for a regulation -making power to prohibit further types of 
information from being included within such a notice. Bill C -86 also amends the Act to modernize 
the legislative framework relatin g to the Canadian Copyright Board so as to improve the timeliness 
and clarity of its proceedings and decision -making processes.  
11.  Finally, Bill C -86 enacts the College of Patent Agents and Trademark Agents Act, which 
establishes Canada 's College of Patent Ag ents and Trademark Agents. The College is to be 
responsible for the regulation of patent agents and trademark agents in the public interest.  
12.  We would like to thank the Secretariat for accommodating our submission of these notifications 
prior to this meetin g, and note that they will be circulated to TRIPS Council in due course.  
1.3  Chinese Taipei  
13.  In compliance with Article 63.2 of the TRIPS Agreement, we notified the TRIPS Council of our 
recent amendments to the Copyright Act  and the Patent Act in documents IP/N/1/TPKM/23 and 
IP/N/1/TPKM/24. In brief, the changes are as follows . 
14.  First, to curb malicious online infringement, Articles 87 and 93 of the Copyright Act were 
amended on 1 May 2019. Under the amendment, persons knowing ly broadcasting or publicly 
transmitting works that infringe economic rights, or that manufacture, import or sell equipment or 
devices preloaded with the computer programmes which have aggregated the Internet Protocol 
Addresses of such works  and receive benefit therefrom, will face a sentence of up to two  years 
imprisonment or detention, or in addition thereto, a fine of not more than TWD 500,000.  
15.  The Patent Act was amended on 1 May 2019 and will take effect on 1 November 2019. The main 
amend ments include: extending the term of design patent from 12 years to 15 years and loosening 
restrictions for the division of invention and utility model patent applications after approval.  
16.  We will continuously fulfil our obligation to ensure accessibility a nd the transparency of our 
intellectual property system and encourage other Member s to do so.  
1.4  Japan  
17.  This delegation is pleased to inform the Council that Japan recently amended its Unfair 
Competition Prevention Act, Patent Act D esign Act , and Trademark Act. The amendments have been 
notified to this Council in accordance with Article 63.2. The reference numbers are IP/N/1/JPN/U/3, 
IP/N/1/JPN/P/17, IP/N/1/JPN/D/9 , and IP/N/1/JPN/T/11. Taking this opportunity, we would like to 
briefly explain some major points about the amendment.  
18.  Firstly, the Unfair Competition Prevention Act was revised so as to encourage utilization of 
valuable data defined as "Protected Data ", which is technical or business information accumulated 
by electronic o r magnetic means and provided to limited users.  
19.  Specifically, the revised Act positions wrongful acquisition, usage and disclosure of Protected 
Data, including unauthorized access and fraud, as acts of unfair competition and provides civil 
remedies, such a s claim for injunctions and damages, to plaintiff.  
20.  Secondly, the Patent Act was revised in order to promptly and appropriately resolve litigations 
relating to IP infringement.  
21.  Concretely, an in -camera procedure has been established that enables a court to determine 
whether documentary evidence possessed by plaintiff or defendant will prove an act of infringement IP/C/M/93/Add.1  
 
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 or calculate damages. When such documents are found to be evidence for the proof or calculation, 
the court can issue an order to submit the documen ts for the examination of documentary evidence. 
Technical experts can also involve in this in -camera inspections.  
22.  In addition, in cases where trade secrets are contained in the supporting documents for the 
advisory opinion system, viewing restrictions are set on these documents in order to protect them.  
23.  The Government of Japan will continuously fulfil its obligation to ensure the accessibility and 
the transparency of the Japanese intellectual property system.  
1.5  Mauritius  
24.  I would like to briefly introduce the Notification of the Mauritius Copyright Act 2017.  
25.  The objective of the Copyright (Amendment) Act 2017 is to amend the Copyright Act 2014 in 
order to, inter alia : 
• First, to make provisions regarding phonograms ; 
• Second , to increase the length of the duration of copyright ; 
• Third, to make better provisions in relation to the payment of equitable remuneration, from 
50 to 70 years after the death of the author ; 
• Fourth , to repl ace the Mauritius Rights Management Society by the Mauritius Society of 
Authors and provide for the composition of its Board and its functions ; and  
• Fifth, to provide for the procedure regarding Member ship of the Mauritius Society of Authors.  
1.6  Brazil  
26.  Brazil would like to inform that it has recently notified to the TRIPS Council the legislation that 
will be the basis to eliminate Brazil 's backlog on patents, in a similar way we have done with our 
backlog on trademarks. These are R esolutions 240 and 241 of our national patent office, which are 
available in English.  
27.   These and other efforts are part of Brazil 's vision of the fundamental role of intellectual property 
for economic development. We are carefully reflecting on initiative s to stimulate innovation as a top 
priority. Important steps are being made to improve our legal framework and increase the production 
and dissemination of creativity and knowledge.  
28.   The Patent Backlog Elimination Plan aims to reduce 80% of pending request s by 2021, when 
there will be a new assessment on the matter. Our aim is also to reduce the average concession 
time to about two years from the examination request.  
29.  We will give more information to Member s on these legislations in the next meeting of the TRIPS 
Council, when they are going to be circulated.  
1.7  WTO Secretariat  
30.  The Secretariat takes this opportunity to provide a further regular update to the TRIPS Council 
on the e -TRIPS project. Delegates will recall that e -TRIPS aims at streamlining and updating the 
information services the Secretariat provides for Members, within the framework established by the 
TRIPS Agreement itself and the decisions of this Council. It comprises two separated but integrated 
online tools – first, the e -TRIPS Submission System, which is a means for submitting TRIPS 
notification, reports and review material; and second, the e -TRIPS Gateway, which provides a wide 
range of opportunities for delegates to access and make use of TRIPS information . 
31.  Now, let me provide a quick update on the state of play of these two online tools.  IP/C/M/93/Add.1  
 
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 E-TRIPS Submission System  
32.  Let me start with the e -TRIPS Submission System, which is an online tool for submitting:  
• TRIPS notifications, such as newly passed laws and regu lations relevant to TRIPS;  
• TRIPS review materials, such as responses to the questionnaires established by the TRIPS 
Council; and  
• TRIPS -related reports, such as regular reports on technical assistance and on incentives for 
technology transfer filed by som e Members and some international intergovernmental 
organizations.  
33.  The e -TRIPS Submission System, initially launched on 8 March 2019, is now ready for use in 
each of the three WTO working languages: English, French and Spanish. To date, around 60 WTO 
Membe rs have requested their log -in credentials to access the System. The great majority of the 
documents submitted to the TRIPS Council since then have been provided through the e -TRIPS 
Submission System.  
34.  We are grateful to the delegations for sharing their s uggestions on how to adjust and refine the 
e-TRIPS Submission System in order to meet the practical needs of delegations. We thank those 
Members for their helpful comments, and we will be making improvements to the System in due 
course.  
35.  We would also like  to extend our gratitude to those Members who used the e -TRIPS Submission 
System to provide their 2019 reports on the implementation of Article 66.2 of the TRIPS Agreement 
and their 2019 reports on technical cooperation activities. We appreciate the extent  of time and 
resources Members may devote to the task of preparing these reports, and our aim is to help you 
optimize the way in which information for these reports is compiled and made available. In that 
light, feedback on how the System can better accomm odate specific scenarios are more than 
welcome.  
36.  The most significant benefit of using the e -TRIPS Submission System to submit these reports 
is that it enables the possibility in the e -TRIPS Gateway to search by, for example, the programme 
or project name,  the beneficiary Member targeted, time periods, etc. Reports submitted outside of 
the System are only searchable through a full text search (similar to WTO Documents Online now). 
This means that individual programmes and projects will not appear in searche s for specific 
beneficiary countries on the e -TRIPS Gateway, if they have been submitted without using the 
e-TRIPS system. It is against this background that we encourage delegations to use the e -TRIPS 
Submission System to submit these reports.  
37.  To maximise the use of the e -TRIPS Submission System in this specific context, we also 
encourage delegations to bear in  mind, as early as possible in the process, the relevant fields and 
the overall structure of the System. -This will have the effect of facilitating the process of compiling 
information from different agencies for these reports. The Submission System is esp ecially designed 
to permit distributed online inputs. For example, different government agencies can provide inputs 
into the same e -TRIPS draft report, which can then be finalized by the submitting agencies. This 
means Members would no longer have to compi le a document off -line (e.g. in Word) that is then 
adapted and entered into the system. Rather, the individual contributions can be made directly into 
the draft report by the different contributing agencies.  
38.  As ever, we remain at the service of all Members to provide informal demonstrations and 
training sessions. From the e -TRIPS Submission System homepage, you can access a Guidebook on 
how to use the system. In addition, we will produce further training mater ials in due course, that 
will illustrate any new features. If your delegation would like to use the e -TRIPS Submission System 
and has not already requested log -in credentials, please contact us at e-TRIPS@wto.org . 
E-TRIPS Gateway  
39.  Let me now turn to the broader e -TRIPS Gateway – in other words, the online information portal 
that allows you to search and extract the full range of TRIPS information managed by the Secretariat.  IP/C/M/93/Add.1  
 
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 40.  A beta version of the e -TRIPS Gateway was lau nched in June this year. The Chair of the TRIPS 
Council also invited Heads of Delegations for a n informal demonstration of the Gateway on 
23 September 2019.  
41.  TRIPS delegates have been invited to offer any comments, suggestions or general impressions 
of thi s early trial version – and we warmly thank those of you who have taken the time to let us 
know what you think and what we can do to improve the user experience. As always, we continue 
to welcome your comments.  
42.  As an update, we are pleased to inform you t hat the interface of the e -TRIPS Gateway is now 
available in all three official WTO languages (French, Spanish, English). The underlying data 
contained in the e -TRIPS Gateway will be made available in all three official WTO languages in the 
course of next year.  
Next steps  
43.  Regarding next steps, we will begin making incremental improvements to both the e -TRIPS 
Submission System and the e -TRIPS Gateway on the basis of your feedback.  
44.  We will also turn our focus to the redesign of the TRIPS -related public WTO webpages and their 
integration with the e -TRIPS Gateway. The Secretariat will provide further updates to the TRIPS 
Council in the course of next year. As ever, we are very grateful for your invaluable input and look 
forward to your continued guidance.  
45.  In concluding, we invite you to an informal demonstration of the e -TRIPS Gateway in this room, 
CR, at 2pm. During this informal demonstration of approximately 30 minutes, we will highlight a few 
e-TRIPS Gateway features you might find most useful. Flyers with additional information on the e -
TRIPS Gateway are available at the back of the room.  
2  REVIEW OF NATIONAL I MPLEMENTING LEGISLAT ION 
46.  No statements were made under this agenda item.  
3  REVIEW OF THE PROVIS IONS OF ARTICLE 27.3 (B) 
4  RELATIONSHIP BETWEEN  THE TRIPS AGRE EMENT AND THE CONVEN TION ON 
BIOLOGICAL DIVERSITY  
5  PROTECTION OF TRADIT IONAL KNOWLEDGE AND FOLKLORE  
5.1  Ukraine  
47.  In July, Ukraine has submitted its responses to the Checklist of questions related to the review 
of the prov isions of Article 27.3(b) of the TRIPS Agreement using the recently developed e -TRIPS 
online system, which we found user friendly.  
48.  We would like to make a brief presentation on the substance of those answers.  In particular, 
the protection of intellectual property rights to plant varieties in Ukraine is provided under the Law 
"On Protection of Plant Variety Rights ". This Law stipulates criteria of variety suitability for the 
acquisition of intellectual property rights, the procedure for acquiring protection , the duration of 
protection and enforcement of the rights.  
49.  Thus, Ukraine provides for the protection of plant varieties by a sui generis  system set out in 
national legislation.  
50.  Patent protection is granted for products such as micro -organism strain s, plant or animal cells 
culture etc., as well as for non -biological and microbiological processes for the production of plants 
and animals according to the Law of Ukraine "On Protection of Rights to Inventions and Utility 
Models ", if they meet requirements for patentability.  IP/C/M/93/Add.1  
 
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 51.  We believe that this review exercise has the potential to enhance the transparency of domestic 
systems for the protection of plant varieties and we invite WTO Member s to have a look at Ukraine 's 
answers as contained in document IP/C/W/125/Add.26 for further detail.  
52.  We also would like to encourage ot her WTO Member s to provide or update their answers to the 
relevant questionnaires related to the Review of the Provisions of Article 27.3(b) of the 
TRIPS  Agreement.  
5.2  South Africa  
53.  The issues addressed under item s 3, 4 and 5 are commonly known as the triplets . These issues 
relate to TRIPS implementation issues and were part of the original built -in agenda under the 
TRIPS  Agreement. Despite the call by ministers in the Doha Work Programme that these 
implementation issues be addressed as a matter of urgency, very little or scant attention has been 
given to these issues. I will address these items in turn.  
Review of the Provisions of Article 27.3(B)  
54.  The three criteria for patentability (novelty, inventive step and industrial application) are not 
defined under TRIPS. Each WTO Member  is free to interpret their meanings, which can determine 
what is patentable under local law. In addition, governments can  refuse to grant patents for various 
reasons that may relate to public health, including inventions whose commercial exploitation needs 
to be prevented to protect human, animal or plant life or health (Article 27.2); diagnostic, 
therapeutic and surgical me thods for treating humans or animals (Article 27.3a); and certain plant 
and animal inventions (Article 27.3b).  
55.  South Africa has a depository system for the registration for patents, meaning that patent 
applications are examined only as to formalities and are not examined substantively. Accordingly, 
South Africa has not benefited from the above -mentioned exemption and limitation; and will only 
be able to do so once the substantive examination of patent application s has been implemented. 
The adoption of Phas e 1 of the South Africa National IP Policy corrects this shortcoming by setting a 
framework for the operationalisation of substantive examination of patent applications. The IP policy 
also recommends statutorily codifying various approaches to assessing the patentability criteria, and 
this work is currently underway.  
56.  Under current South Africa n law, exceptions to patent rights are provided in Section s 25 and 
36 of the Patents Act which provide:  
Section 25(4): A patent shall not be granted - (a) for an inv ention the publication or 
exploitation of which would be generally expected to encourage offensive or immoral 
behaviour; or (b) for any variety of animal or plant or any essentially biological process 
for the production of animals or plants, not being a mi cro-biological process or the 
product of such a process. "  
57.  The key impact of this flexibility is that countries can ensure that only true inventions are 
patented. Accordingly, in order to give full effect to the provisions of Article 27 of TRIPS, South Afr ica 
will in the near future embark on the substantive examination of patent applications and give further 
statutory guidance to courts regarding the interpretation Section 25(4) of the Patents Act.  
Relationship between the TRIPS Agreement and the Conventi on on Biological Diversity  
58.  South Africa recalls its previous statements on this agenda item. The 2001 Doha Declaration, 
in paragraph 19, mandates the TRIPS Council to work on the issue of the relationship between the 
TRIPS Agreement and the UN Convention o n Biological Diversity, as well as the protection of 
traditional knowledge and folklore.  
59.  A large group of WTO Member s have sought to introduce a mandatory disclosure requirement 
in patent applications. The best way to ensure the proper use of genetic resou rces and associated 
traditional knowledge is through an amendment of the TRIPS Agreement as set out in document 
TN/C/W/59.  IP/C/M/93/Add.1  
 
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 60.  On the procedural side, we renew our call for Member s to endorse a briefing by the CBD 
Secretariat on developments within the impleme ntation of the Convention on Biological Diversity as 
well as for the TRIPS Secretariat to update the three technical notes contained in documents 
IP/C/W/368/Rev.1, IP/C/W/369/Rev.1 and IP/C/W/370/Rev.1.  
Protection of Traditional Knowledge and Folklore  
61.  The demand for an international regime to protect traditional knowledge, genetic material or 
indigenous biological resource and folklore stems , for instance , from biopiracy. Historically genetic 
resources were accessed for free based on the world view that the se were common heritage of 
humankind. However, with an increasing emphasis on protection of intellectual property rights and 
the impact of the private ownership of knowledge or products of genetic resources, this view changed 
- particularly through the introduction of the Convention on Biological Diversity and the Nagoya 
Protocol.  
62.  Many Member s have  passed national laws and implemented the Nagoya Protocol, but biopiracy 
still continues to thrive, since national laws have limited territorial application. When challeng ing 
such violations, including the illegal and erroneous granting of patents in foreign jurisdictions, where 
patentability criteria may differ from one jurisdiction to another, enforcement and opposition costs 
may be p rohibit ive. 
63.  There is no paucity of ideas in how we can deal with this matter, noting proposal TN/C/W/59. 
In our experience, even in light of an amendment of our Patents Act (57 of 1978, read together with 
the Patents Amendment Act 2005 (Act No. 20 of 2005) ): Section 25(3A) requires every patent 
application for inventions for which protection is claimed , and that are based on or derived from an 
indigenous biological resource, genetic resource, or traditional knowledge or use , to disclose such 
information upo n submission of the application with proof of prior informed consent (PIC) and ABS. 
Despite this requirement, biopiracy continues to occur. Amending the TRIPS Agreement to 
incorporate disclosure norms remains the most viable and effective way to address th e issue of 
traditional knowledge and folklore  as envisaged under Article 12 of the Doha Ministerial Declaration, 
noting that WIPO IGC  process has not been able to make any headway in dealing with this matter.  
5.3  Bangladesh  
64.  On agenda items 3, 4, and 5, the position of Bangladesh has not changed. We reiterate our 
position for the sake of record.  
65.  On agenda item 3, on the issue of the review of the provisions of TRIPS Article 27.3(b), 
Bangladesh does not support the pa tenting of life forms comprising plants and animals. We call for 
a review of this Article in order to protect the interest s of developing countries and LDCs from the 
negative effects of this provision on the key sectors that affect their livelihood such as  agriculture, 
health, food, and climate change. This would help ensure, inter alia , food security and preserve the 
integrity of rural and local communities. Patenting of life forms should be prohibited.  
66.  On the relationship between the TRIPS Agreement and the CBD, Bangladesh holds that Members  
have the right and duty to protect their traditional knowledge and genetic resources. There is, 
therefore, a need to amend the TRIPS Agreement with a view to requiring applicants of patent 
relating to biological mater ials to provide information on the source and country of origin of biological 
resources and traditional knowledge used in the invention.  
67.  In addition, applicants must show evidence of prior informed consent from, and benefit sharing 
arrangements with, the authorities and/or persons under the relevant national regime. This 
disclosure requirement, which is consistent with the transparency principle established in the 
multilateral trading system, will help reduce the number of erroneous patents and biopiracy.  
68.  Bangladesh believes that traditional knowledge should receive legal recognition as its protection 
could as well contribute significantly to the achievement of the sustainable development goals.  IP/C/M/93/Add.1  
 
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 5.4  India  
69.  The issues unde r agenda items 3, 4 and 5 have been on the Council 's agenda for a long time. 
In our previous statements, we have underlined in detail, the need for an international enforceable 
regime to end the misappropriation of genetic resources and traditional knowled ge, happening 
especially in biodiversity -rich countries. India is a country rich in traditional knowledge associated 
with biological resources. India is also amongst top 20 identified mega diverse countries in the World. 
The TRIPS -CBD linkage is important for all countries as it seeks to address biopiracy. We need to 
move forward on the long -standing issues of the TRIPS -CBD linkage , GI Register and GI Extension 
on the basis of the modalities contained in document TN/C/W/52.  
70.  Some Member s, in the previous Council meetings, have stated that WIPO IGC is the appropriate 
forum for discussions on genetic resources. In our view, WIPO is trying to develop a sui generis 
system of protection and is examining much more complex issues with a view to  address the issue 
in a more comprehensive manner. The discussions in WIPO and those in the TRIPS Council are two 
complement ary processes and do not conflict in any way. However, given the enforceability of the 
TRIPS Agreement and the fact that much of the  misappropriation is a consequence of trade, there 
is a need to build the linkage between the TRIPS Agreement and the CBD under the aegis of this 
Council. The Doha  Ministerial Declaration had tasked the TRIPS Council to examine the relationship 
between the  TRIPS  Agreement and the CBD, and the protection of traditional knowledge and folklore. 
It also mandated that while doing so, the Council should be guided by the objectives and principles 
set out in the TRIPS Agreement and should fully take into account th e development dimension.  
71.  India is also of the view that a briefing by the CBD Secretariat on the latest developments in 
the implementation of the Nagoya Protocol would be very useful for the large majority of the 
Member ship of this Council and we support updating the three factual briefs by the Secretariat on 
these issues.  
5.5  Ecuador  
72.  Ecuador reaffirms its commitment to encouraging the strategic regulation of intellectual 
property as a useful tool for promoting research and innovation balanced with the full exercise of 
other rights, such as the protection of all life forms.  
73.  Regarding such protection, Ecuador reiterates its appeal to the Council to reflect on the 
importance of prohibiting patents on all life forms or parts thereof in order to avoid endangering or 
negatively affecting them, since they should not be considered tradeable goods subject to inventions 
and, therefore, patents.  
74.  We believe that a balanced and fair system will only be possible if w e include specific issues in 
our discussions, in accordance with sovereign regulation to ensure the effective protection of genetic 
resources, traditional knowledge and traditional cultural expressions.  
75.  In this regard, the TRIPS Agreement and the Conventio n on Biological Diversity are related and 
complement each other. We believe it is important that the two are mutually supportive in their 
objectives.  
76.  Accordingly, disclosure of origin and source, prior informed consent and the equitable sharing 
of benefits  should, as unattachable, imprescriptible and inalienable collective rights, be taken into 
account.  
77.  Lastly, we reiterate our request that the Secretariat update the factual notes on previous topics, 
given that the last compilation of the ideas discussed wa s produced in 2006.  
78.  We highlight the fact that this update will provide greater clarity on the issues discussed without 
prejudice to each Member 's position, and, in this way, advance the work of this Council.  IP/C/M/93/Add.1  
 
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 5.6  Indonesia  
79.  Our delegation attaches great importance to the negotiation of the relationship between the 
TRIPS  Agreement and the Convention on Biological Diversity, as well as the protection of traditional 
knowledge and folklore.  We reiterate our position that A rticle 27.3(b) and Article 29 of the 
TRIPS  Agreement do not provide any legal obligation for Member s to take all necessary measures 
for fair and equitable sharing of benefits as required by the CBD and the Nagoya Protocol. This legal 
lacuna provides room for misappropriation and misuse of genetic resources and traditional 
knowledge that, in the end, defeat s the purpose and objective of the CBD and the Nagoya Protocol.  
80.  Substantive discussions of this issue should not be delayed simply because  it is being negotiated 
in other fora, such as WIPO. The discussions in this Council  should reinforce what has already been 
agreed at the multilateral level, such as the CBD, and should complement negotiations/discussions 
in other fora. We believe that par allel discussions will enhance effort and understanding in achieving 
a fair and balanced trading system with regard to intellectual property.  
81.  Indonesia hence believes that it is timely for the Council to give simultaneous and adequate 
attention to address  the issue towards a common goal to ensure that GRTKF are protected in an 
appropriate manner.  
5.7  Bolivia, Plurinational State of  
82.  The delegation of Bolivia would like to state that our position on these agenda items remains 
unchanged. We nevertheless consider it fitting to highlight some key points regarding this position. 
Bolivia contends that natural processes and environmental functions cannot be commercialized, as 
this would, inter alia, rais e concerns for many peoples and cultures of the world who, as in our case, 
attach importance to practices and principles that enable them to live well and in harmony and 
balance with Mother Earth. We therefore reiterate our position against the patenting o f all life forms, 
including plants and animals and parts thereof, gene sequences, micro -organisms, as well as all 
processes including biological, microbiological and non -biological processes for the production of life 
forms and parts thereof.  
83.  Patenting of life forms promotes an imbalance in the current intellectual property system. The 
TRIPS Agreement, while establishing monopoly rights for private parties, does not explicitly 
recognize the collective rights of indigenous peoples and local communities over their biological 
resources and traditional knowledge, farmers' rights, or the rights of sovereign States. Nor does it 
call for conformity with the provisions of the Convention on Biological Diversity (CBD), including 
those relating to prior informed consen t and benefit sharing.  
84.  In that same vein, Bolivia believes that the non -patentability of traditional knowledge and 
traditional cultural expressions that belong to the indigenous peoples is crucial to achieving full 
recognition of their rights.  
85.  We therefore  once again wish to point out that Bolivia is the centre of origin of genetic diversity 
for many species that must be protected. We believe that such protection must be based on a 
non-market approach that emphasizes the conservation and sustainable use of biodiversity.  
86.  In our view, protection of biodiversity must progress in a holistic, and not isolated, manner. 
Bolivia therefore supports any and all initiatives and efforts aimed at finding a balance between the 
CBD and the TRIPS in developing an effective international framework.  
87.  Bolivia cautions that the absence of a balanced and effective framework that protects genetic 
resources, traditional knowledge and traditional cultural expressions has enabled the proliferation of 
illicit practices such as misappro priation and biopiracy, leaving developing countries in particular 
without appropriate mechanisms to provide adequate protection. It is therefore vital to continue 
discussions on this topic in order to achieve effective outcomes.  IP/C/M/93/Add.1  
 
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 5.8  Zimbabwe  
88.  The Government of Zimbabwe as a signatory to the Convention on Bio logical D iversity attaches 
great importance to its international obligations under the CBD. We join other delegations in calling 
for the harmonisation of the TRIPS Agreement and the CBD , as we are of the view that TRIPS does 
not prevent a person from claiming patent rights on an invention based on a genetic resource or 
traditional knowledge.  
89.  Recalling paragraph 19 of the Doha Ministerial Declaration of 2001, we reiterate that section  33 
of the constitution of Zimbabwe inculcates a right to culture for our people, and states, "The State 
must take measures to preserve, protect and promote indigenous knowledge systems, including 
knowledge of the medicinal and other prope rties of animal and plant life possessed by local 
communities and people. " 
90.  The TRIPS Agreement is indifferent to acts of biopiracy and obligations under the CBD in respect 
of prior informed consent and benefit sharing for accessing biological resources. Fu rthermore, TRIPS 
does not require patent applicants to disclose the origin of GR and TK used in a claimed invention.  
91.  It is therefore our considered proposal that the TRIPS Agreement be amended to introduce a 
requirement of mandatory disclosure of the count ry or source of origin of GR or associated TK. The 
argument that this issue should be dealt with in another organisation, being the World  Intellectual 
Property Organisation , is redundant as none of the WIPO treatie s and discussions deal with trade 
related aspects of intellectual property.  
5.9  Brazil  
92.  As we have stressed in our previous statements, Brazil favours  the inclusion of a requirement 
in TRIPS for the disclosure of origin of genetic resources in patent applications.  
93.  Brazil , as well as other countries , believe s that this subject is within the scope of patent rights 
and obligations. There are currently aro und thirty disclosure regimes worldwide, and other countries 
are studying to follow this trend. The creation of different national legislations on the subject could 
lead to legal uncertainty in the detriment of users, providers and knowledge holders.  
94.  We thus believe that a multilateral provision on disclosure is paramount, besides being the most 
effective means to protect genetic resources as determined by the Convention on Biological 
Diversity.  
95.  The ideal scope of disclosure in our view would require patent applicants to disclose the country 
of origin of a biological resource and provide evidence of compliance with prior informed consent 
and benefit -sharing.  
96.  While it is true that WIPO is conducting negotiations on genetic resources, whose mandate was 
renewed by the WIPO Assemblies in October 2019 , we still do not have consensus for calling a 
diplomatic conference.  
97.  We therefore urge delegations to engage in order to allow for advances in the negotiations. This 
will enable the multilateral IP system to provide a concrete answer to the rights of countries hosting 
a rich biodiversity.  
5.10  Nigeria  
98.  We wish to thank the Chair and the Secretariat for organizing this meeting.  
99.  The need for the mutual supportiveness of the TR IPS Agreement and the Convention on 
Biological Diversity cannot be overemphasized. Enhancing cooperation with other relevant 
international organizations and international instruments remains a basic principle of the TRIPS 
Agreement.  IP/C/M/93/Add.1  
 
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 100.  Traditional communitie s are greatly impacted as a result of  the illegal use of biological 
resources or associated traditional knowledge, and over 80 % of earth 's biodiversity come s from 
developing countries, but yet they do not own many patents.  Biodiversity has evolved to be a trade 
issue. Therefore, in order to develop a sound and viable technological base in developing countries 
and LDCs, any utilization of genetic resources from these regions must involve the ir sustainable use 
in other to conserve biological diversity, as well as show evidence of a fair and equitable sharing of 
benefits as are the principles of the CBD.  
101.  My delegation has mentioned in previous TRIPS Council 's meetings that Article 29 of the 
TRIPS  Agreement is not sufficient in fulfilling adequately the requi rement for disclosure prior to a 
patent grant. Therefore, we support proposals requiring traceability and a prior informed consent 
from the source in respect of any product made from the utilization of genetic components or 
traditional knowledge and folklo re, in other words, full disclosure of the origin and source of any 
genetic resource or associated traditional knowledge.  
102.  A full disclosure requirement will not only be beneficial to Nigeria, but it will also improve the 
quality of our substantive patent examination, which will in turn ensure the validity of patent grants 
in our country.  
5.11  Australia  
103.  Australia believes that the WIPO IGC  is best placed, with appropriate technical expertise, to 
consider the complex is sues relating to intellectual property and genetic resources and associated 
traditional knowledge and cultural expressions.  
104.  We hope Members will adopt a spirit of compromise when the issue of genetic resources is 
next considered.   
105.  Australia believes the TRIPS Agreement and the Convention on Biological Diversity are fully 
consistent, and that the TRIPS Agreement therefore does not need to be amended.  
106.  Australia fully implements our obligations under both agreements, which we view as mutually 
supportive.  
107.  In relation to procedural matters, Australia is open to a briefing by the CBD Secretariat on the 
Nagoya Protocol, and can be flexible in relation to the Secretariat updating the three factual notes.  
108.  Australia regards the current flexibilities under TRIPS Art icle 27.3(b) as sufficient to allow 
Members to take decisions on the patentability of life forms in accordance with national policies. 
These flexibilities should be retained.  
5.12  Thailand  
109.  Thailand would like to reiter ate our position that we do support to have a Multilateral Legal 
Framework which incorporates the key provisions of the CBD related to the disclosure requirement, 
fair and equitable benefit -sharing, and prior informed consent principles. These principles ensure 
and enhance transparency and legal certainty in the patent application system.   
110.  We believe that the promotion of a balanced patent system that benefits both patent applicants 
and the public interest should be recognized and implemented.  
111.  We also believe that the TRIPS Council is an appropriate forum to discuss this important issue 
and the work under this Council could pursue in parallel and in a mutually supportive manner with 
the work in the WIPO IGC . 
112.  In addition, Thailand would like to re iterate our support for the Secretariat to update the three 
factual notes, and also for inviting the CBD Secretariat to brief the Council on the Nagoya Protocol.  IP/C/M/93/Add.1  
 
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 5.13  Chile  
113.  Our country 's position regarding agenda items 3,  4 and 5 is well known, and we would simply 
like to reiterate the importance of the flexibilities contained in the TRIPS Agreement. In this respect, 
we understand that the flexibilities provided for in Article 27 of the Agreement enable each Member 
to take  into account its own ethical and public health standards, among other criteria, when 
developing its intellectual property system.  
114.  For Chile, it is important that such flexibility be preserved insofar as it allows each Member to 
rethink and modify its inte llectual property model in the light of its own social, cultural and economic 
changes.  
115.  In Chile 's view, intellectual property systems are not an end in themselves, but are tools for 
promoting innovation and development while also facilitating access to inf ormation and health. This 
vision is reflected in Law No. 19.039 on industrial property, which excludes the patentability of plants 
and animals.  
116.  Chile, like other delegations, considers that the TRIPS Agreement and the CBD are 
complementary instruments. We therefore believe that there is no need to make any amendments 
to the Agreement to ensure consistency.  
117.  Lastly, we would like to express our support for the proposal that the CBD Secretariat provide 
a briefing to this Council. We believe tha t a factual description could shed light on this topic for 
Members and promote dialogue.  
5.14  China  
118.  This is a very important issue in this Council. We believe that Member s should be involved in 
this discussion more constr uctively.  
119.  Regarding the substanti ve issues, China supports amend ing the TRIPS Agreement so as to 
ensure the mutual support of the TRIPS Agreement, the CBD and its Nagoya Protocol.  
120.  As to the issue of disclosure, China , with a majority of Member s, has prov ided detailed 
suggestions on negotiation modes, improving transparency on genetic resources utilization, 
preventing the misappropriation of genetic resources and traditional knowledge, and preventing the 
grant of erroneous patent s in two documents TN/C/W/5 2 and TN/C/W/59. We believe that setting 
up a reasonable system for prior informed consent and benefit sharing could ensure better protection 
for genetic resources.  
121.  As regard s the procedure, China hopes that the WTO Secretariat could renew the three  factual 
notes and support s inviting the CBD Secretariat to brief on the Nagoya Protocol. And we believe that 
the discussion and negotiation in WIPO could not hinder Member s to find a solution in WTO.  
5.15  Canada  
122.  With respect to the relationship between the TRIPS Agreement and the Convention on 
Biological Diversity (CBD), Canada continues to believe that TRIPS and the CBD are complementary, 
and that there is therefore no need to amend the TRIPS Agreement in this regard.  
123.  On the protection of traditional knowledge and folklore, Canada welcomes the ongoing work 
of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, 
Traditional Knowledge and Folklore  (IGC). In particular, the IGC has served, and continues to serve, 
as an important venue that brings together the necessary technical expertise and views, to identify 
evidence -based, balanced, and mutually -beneficial approaches to these issues. Canada has been, 
and continues to be, an active and co mmitted participant in the work of the IGC, and welcomes the 
concrete discussions and exchanges of national experiences in that venue, which remain key to 
considering the issues at hand.  IP/C/M/93/Add.1  
 
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 124.  With respect to procedural matters at TRIPS Council, as Canada has pr eviously noted, and 
without prejudice to our position on substantive matters, Canada can continue to support a 
procedural briefing from the CBD Secretariat to the TRIPS Council, should there be sufficient interest 
from other Member s on the matter. Similarl y, without prejudice to Canada 's national positions on 
these issues, Canada could also support the compilation of the three factual notes on the 
TRIPS  Agreement and the CBD (documents IP/C/W/368, IP/C/W/369, and IP/C/W/370) by the 
WTO Secretariat. As it ha s been previously noted in this committee, Canada remains of the 
understanding that this would remain an  information -collating exercise.  
5.16  Japan  
125.  We have discussed this agenda item at length during a series of meetings of the TRIPS Council. 
This delegation, therefore, believes that our position is well -recognized among Member s, so we 
would like to make our intervention brief, highlighting some major points.  
126.  The delegation of Japan would like to reiterate our position tha t the Convention on Biological 
Diversity is by nature not relevant to the intellectual property system. Therefore, we need to seek 
appropriate ways to deal with the utilization of genetic resources. This means that we should bear 
in mind that any measures taken must not adversely affect the existing intellectual property system 
or hinder the creation of innovations utilizing genetic resources and associated traditional knowledge.  
127.  This delegation is firmly convinced that to include the disclosure requirement  in the IP system 
would discourage industries from conducting research and development activities on biological 
materials. This is the very consequence of the disclosure requirement that Japan has been concerned 
about. The same holds true for not only deve loped countr y Members  but also emerging and 
developing countries. Japan believes that the disclosure requirement is not an adequate means for 
dealing with the utilization of genetic resources.  
128.  In line with the above -mentioned  position, we firmly believe th at the protection of GRs, TK 
and folklore should be designed in a manner that both supports creativity and innovation.  
129.  In addition, this delegation believes the WIPO IGC  is the most appropriate forum for holding 
technical discussions on genetic resources, traditional knowledge and folklore from IP aspects, and 
the IGC meetings will be held in 2020 . This delegation has been actively contributing to the 
discussions at the IGC meetings, making various proposals, and remains willing to contribute to 
evidence -based discussions on these issues in a constructive and effective manner.  
5.17  Switzerland  
130.  Switzerland supports the introduction of a non -burdensome requirement into the 
TRIPS  Agreement to disclose the sourc e of genetic resources in patent applications for inventions 
directly based on a genetic resource. Introducing such a requirement makes in our view sense, when 
we also accept the principle of patentability of biotechnological inventions.  
131.  In cooperation wi th the W/52 coalition  (TN/C/W/52) , a group of 109 WTO Member s, 
Switzerland has submitted modalities proposals for three  outstanding implementation issues at TNC 
level, next to the GI  register and GI  extension, these proposals including on a disclosure requ irement 
for genetic resources and traditional knowledge in patent applications.  
132.  These outstanding TRIPS implementation issues should be included in any future work 
programme of the WTO in view of finding appropriate solutions for them.  
133.  The Council 's disc ussion under agenda items 3, 4 and 5 can helpfully contribute to this 
objective. Sharing fact -based experience among Member s enhance our understanding of what is at 
stake and of how the WTO should address best the interests and concerns of Member s. 
134.  Finally , my delegation can agree with the two proposals made - to request the Secretariat to 
update its three  factual briefs under the triplet agenda items , and to invite the Secretariat of the 
CBD to give a briefing on the Nagoya Protocol to the TRIPS Council.  IP/C/M/93/Add.1  
 
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 5.18  United States of America  
135.  The United States position is well -known and has not changed. Regarding genetic resources, 
traditional knowledge and folklore, we continue to believe that WIPO serves as th e best forum to 
address these issues.  
136.  The WIPO IGC  is looking at addressing unresolved issues and working on a common 
understanding of core issues, using an evidence -based approach and examples of national 
experiences.  
137.  The United States will continue to engage in technical discussions at the WIPO IGC  and looks 
forward to hearing more from the demandeurs regarding data supporting their position on this issue.  
138.  With respect to the various request made, the United States is not in a position to support 
these requests, but remains open to discussions, including  bilaterally with delegations in between 
and at the margins of this Council 's meetings.  
6  ANNUAL REVIEW OF THE  SPECIAL COMPULSORY LICENSING SYSTEM (PA RAGRAPH 7 
OF THE ANNEX TO THE AMENDED TRIPS AGREEM ENT AND PARAGRAPH 8 OF THE 
DECISION ON THE IMPL EMENTATION OF PARAGRAPH 6 OF TH E DOHA DECLARATION O N 
THE TRIPS AGREEMENT AND PUBLIC HEALTH)  
6.1  India  
139.  India attaches high importance to the Doha Declaration on the TRIPS Agreement and Public 
Health, the Paragraph 6 System  as established under the 2003 Waiver Decision and the Protocol 
Amending the TRIPS Agreement. India is one of the first few countries that notified its acceptance 
of the Protocol in March 2007.  
140.  India has always been of the view that the Doha Declaration o n TRIPS and Public Health 
constituted a major landmark in the history of the WTO because it recognized the primacy of public 
health needs and the preparedness of the Organization to address the problems in access to 
medicines faced by the poor in developin g countries. The 2003 Waiver Decision was expected to 
address the public health problems faced by Members with insufficient or no manufacturing 
capacities in the pharmaceutical sector. It may have sounded prophetic at that time when India 
voiced certain ap prehensions in the GC meeting of August 2003 by stating: "the results accruing 
from this mechanism should not be negated by the creation of cumbersome systems that would lead 
to huge delays in getting medicines across at reasonable cost to those that neede d them or 
discourage Members from using the system for the benefit of the people. In order to make this 
system successful, a sincere collective effort is required on the part of all Members and the entire 
pharmaceutical industry". Regrettably, we have been  proven right. The export of HIV/AIDS 
medicines by the Canadian pharmaceutical company Apotex to Rwanda in September 2008 has been 
the first and only use of the system so far.  
141.  The United Nations Secretary -General’s High-Level Panel on Access to Medicines, in its report 
released in September 2016, also recognized that the Paragraph 6 System is complex and 
cumbersome.  
142.  My delegation urges Members to constructively engage on improving the Paragraph 6 System 
for making it more workable and effective, so that it  can benefit Members with insufficient or no 
manufacturing capacities in the pharmaceutical sector.  
6.2  Brazil  
143.  Brazil thanks the WTO Secretariat for preparing the draft report. Legislation to implement the 
Amendment to the TRIPS Agreement contained in Article 31 bis has been in force in Brazil since 21 
February 2018.  IP/C/M/93/Add.1  
 
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 144.  We mostly welcome capacity building activities and assistance material aiming at the 
promotion of access to medical technologies and innovation f or the implementation and use of the 
System, in order to enable interested Members effectively to assess it.  
145.  A basic tenet of the patent system is that legislation should provide incentives that lead to new 
discoveries and inventions, while ensuring that t hose incentives are not overly restrictive and do not 
create barriers to innovation and dissemination of knowledge.  
146.  Brazil believes that all Member have the obligation to pursue a balance between the interests 
of the IP right holders and those of society as a whole. Preserving such balance is the best way to 
safeguard the legitimate interests of all stakeholders of the patent system. For instance, the 
regulatory review exception, also known as the Bolar exception, plays an important role in providing 
the realization of that balance, especially by ensuring that the market power granted by a patent 
does not create anti -competitive externalities beyond the term of protection of 20 years.  
147.  This is also true regarding compulsory licens ing for patents. Brazil is o f the view that this is a 
very important exception to restore the balance in the special cases when its use is required, such 
as, but not limited to, emergency health situations or the anticompetitive use of patents.  
148.  We find that this particular exception should be used within the rules provided in the 
TRIPS  Agreement and the Doha Declaration on the TRIPS Agreement and Public Health in the context 
of finding a balance between the incentives to innovation and the enhancement of access to the 
technology embod ied in the patent.  
149.  Brazil thus thanks the Secretariat and supports the proposal to the General Council for a 
decision to extend the period for acceptances of the Protocol.  
6.3  South Africa  
150.  We would like to thank the Secretariat for this update. The Protocol Amending the 
TRIPS  Agreement entered into force on 23 January 2017, since at that time two thirds of 
WTO Members had accepted it. Given the importance of the amendments effected by the Pr otocol 
we call on Members who have not yet accepted the Protocol to do so as soon as possible.  
151.  The Protocol is currently open for acceptance by these Members until 31 December 2019. In 
order allow Members who have not yet deposited their instruments of ac ceptance, South Africa 
would be in favour of a further extension of the 2017 Extension Decision until 31 December 2021 or 
a date that may be stipulated by the next Ministerial Conference as suggested in the proposed draft 
decision contained in Annex 2 of d ocument JOB/IP/34. South Africa would be in favour of supporting 
such a draft decision.  
6.4  Canada  
152.  Canada notes the importance of access to medicines in promoting global health and prosperity. 
For instance, C anada has supported international financing organizations such as the Global Fund to 
Fight AIDS, Tuberculosis and Malaria; Gavi, the Vaccine Alliance; and the Global Financing Facility, 
which strengthen health systems and undertake targeted programming to increase access to 
medicines and vaccines.  
153.  Canada's Access to Medicines Regime (or CAMR), which implements paragraph 6 of the 
Doha Declaration on the TRIPS Agreement and Public Health, is another measure used in Canada to 
promote access to medicines. In 2 015, Canada amended the list of medications covered by CAMR 
to add three new antiretroviral drugs. Canada notified this Amendment to the TRIPS Council in 
June 2016.  
154.  Canada also takes note of the 2017 entry into force of the Protocol amending the 
TRIPS  Agreement, and as the only country to have exported medicine pursuant to the temporary 
waiver, as was noted by the delegation of India, Canada would be pleased to share its experiences 
and lessons learned in implementing our own system with any Membe rs who wish to learn more.  IP/C/M/93/Add.1  
 
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 6.5  United States of America  
155.  The United States welcome s the entry into force of the Protocol Amending the 
TRIPS  Agreement.  
156.  We welcome the Secretariat's draft Repor t and its work throughout the year to facilitate and 
encourage all Members to notify their acceptance of the Protocol.  
157.  We also congratulate the Members that have accepted the Protocol since the entry into force 
of the amended TRIPS Agreement.  
158.  While the ent ry into force of the amended TRIPS Agreement represented an important step in 
promoting our shared goal of facilitating access to medicines, it is only one piece of the puzzle.  
159.  We encourage Members to continue to focus efforts to address other salient barr iers to access 
while also recognizing the important role that intellectual property and international trade 
liberalization play in incentivizing drug development and expanding access to medicines around the 
world.  
160.  For example, the World Health Organization  has identified numerous considerations, including 
pricing and procurement policies, taxes, mark -ups and tariffs, and other national policies that 
ultimately result in higher costs for consumers and for health systems.  
161.  While we remain disappointed that su ch a large number of Members have yet to notify their 
acceptance of the Protocol, we support the proposal to extend the period of acceptance for 
two-years.  
6.6  Japan  
162.  This delegation would like to express our gr atitude to the Secretariat for preparing a draft 
report as the basis for the review of the Special Compulsory Licensing System. We welcome this 
work, hoping that it will encourage all remaining Members to notify their acceptance of the Protocol.  
163.  This dele gation would like to reiterate the importance of access to medicines, which needs to 
be discussed in a broader context, taking into account not only the Special Compulsory Licensing 
System but also various other relevant measures and factors such as procur ement and tariffs. Japan 
supports the Paragraph 6 System as established under the 2003 waiver decision and the 2005 
Protocol Amending the TRIPS Agreement. The very objective of the System is to support WTO 
Members in obtaining greater access to medicines, specifically Members that have either insufficient 
or no pharmaceutical manufacturing capacity. Compulsory licenses are, whether granted under the 
System or not, just one of the potential means that can be utilized for this objective under an 
exceptional c ircumstance. Therefore, the System should not be considered as the only solution, but 
rather as just an option we could consider.  
164.  Regarding the extension of the period for acceptance of the Protocol, this delegation supports 
the proposed two -year extension . 
6.7  Zimbabwe  
165.  The delegation of Zimbabwe reiterates previous submissions on this subject matter . In 
reference to the goals of the Protocol amending the TRIPS Agreement, we would like to lend our 
uncondition al support to the extension of the period for Members that have not yet joined the 
Protocol to accept it.  
6.8  Barbados  
166.  Barbados would like to indicate that the domestic acceptance process is in an advanced stage. 
We will fully support the extension of the period for acceptance until 2021.  IP/C/M/93/Add.1  
 
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 6.9  India  
167.  India fully supports the two -year extension of the period for acceptance.  
7  NON-VIOLATION AND SI TUATION COMPL AINTS  
7.1  Chile  
168.  Our delegation 's position is well -known among Members. During the current week 's session of 
the General Council, our delegation and others proposed that we should begin discussions on the 
renewal of the moratorium on this topic, taking into account the timeline provided within the 
mandate of the Buenos Aires Ministerial Conference.  
169.  Formal and informal talks on this subject in the Council, have pointed, in our view, to the need 
to take more tim e to try to forge common understandings and consensus on the various aspects 
contained in the mandate of Article 64 of the TRIPS Agreement.  
170.  To that end and considering the historical positions of the countries regarding this topic, our 
delegation proposes that the Council for TRIPS recommend to the next General Council that it extend 
the moratorium until the Twelfth Ministerial Conference and continue to study the scope and 
modalities for this type of complaint.  
171.  As far as our delegation is concerned, with o ur long history of participation in Ministerial 
Conferences, this is one of the significant topics, and this is why we believe it is important to maintain 
a constructive dialogue between delegations and to give ourselves time to pursue our quest for 
common  understanding.  
7.2  Bangladesh  
172.  The position of Bangladesh on the proposed lifting of the moratorium on non -violation and 
situation complaints is well -known. We are in favour of establishing a permanent moratorium.  
173.  Bangladesh invites the views and ideas of our friends who were proponent s of the application 
of non -violation and situation complaints on the scope and modalities of the proceedings as required 
by Article 64.3 of the TRIPS Agreement. The Council needs to be better informed, and only then it 
will be in a better position to exam ine and consider the proposal.  
174.  In the General Council meeting on 16 October 2019, a proposal for temporary extension of 
the Moratorium has been tabled. However, the TRIPS Council is the right forum where the issue 
should be discussed with deeper engagemen t of all concerned. The concept of NVSC s appears to be 
still an unknown territory, and unless the scope and modalities are outlined first, we cannot go any 
further in this discussion. As we perceive it now, if non -violation and situation complaints are mad e 
applicable to TRIPS, any issue under the sun can be brought as 'cases ' under this umbrella. Clear 
delimitations, therefore, need to be conceived, defined and thoroughly examined first.  
175.  Bangladesh reiterates its readiness to constructively engage with Members on this issue 
further.  
7.3  Colombia  
176.  Colombia expresses its support and fully endorses the statements made by the previous 
speakers from Chile, New Zealand and Panama.  
177.  We wish to express our interest  in continuing the practice of not initiating non -violation and 
situation complaints under the TRIPS Agreement. Colombia is convinced that TRIPS sets the 
foundation for the development of intellectual property systems, so we must maintain complete 
clarity on the scope and limitations of its applicability. Pursuing this type of complaints undermines 
that certainty, jeopardizing governance itself when the national authorities implement legitimate 
measures in pursuit of public policy objectives.  IP/C/M/93/Add.1  
 
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 178.  As we said dur ing the General Council, we reiterate our support for the extension of the two 
moratoriums until MC12, and it should be there, during the Ministerial Conference in Nur Sultan, 
that we hold constructive discussions pertaining to the Work Plan on Electronic Commerce and the 
two moratoriums which were extended at the Ministerial Conference held in Buenos Aires.  
179.  Lastly, as is clear from the documents that we co -sponsored, it is vital to draw the entire 
Member ship's attention to the fact that the Ministerial Con ference is the highest deliberative body 
of this Organization and it must be of the utmost interest to preserve this body as the appropriate 
and legitimate forum for discussions of greatest relevance to the WTO.  
7.4  Thailand  
180.  Thailand would like to thank Chile, Colombia, New Zealand, and Panama for introducing the 
document WT/GC/W/783 in the General Council Meeting th is week.  
181.  There is a short period of time left before the current Moratorium expires in Dece mber 2019, 
we are therefore of the view that the best way forward for the Member s at this stage is to maintain 
the current practice of  the WTO while also taking steps to delve into deeper discussions in this area.  
182.  In this regard, Thailand supports the con tinuation of the Moratorium until the next WTO 
Ministerial Conference in June 2020.  
183.  It is also important to take into account the reality in the discussion especially the divergence 
perspectives among the well -known positions of the Member s, and to bear in  mind that the further 
discussion should focus on the concrete recommendation of the Council for the next General Council 
Meeting in December.  
7.5  Mexico  
184.  Mexico supports the proposal for the extension of the moratorium on non -violation complaints 
under TRIPS until the 12th Ministerial Conference. At the same time , we will actively participate in 
the discussions of the scope and modalities during this period . 
7.6  Nigeria  
185.  To go straight to the point, the scope of application of non -violation complaints under GATT 
Article XXIII:1 (b) and (c) is still being examined by the TRIPS Council . Therefore , no decisions have 
been made in that regard. My delegation is of the view that non-violation and situation complaints 
should not be allowed to apply under the TRIPS Agreement. Nevertheless, while we are still in the 
process of examining its scope of application, we welc ome the proposal by Chile, Colombia, New 
Zealand and Panama seeking the extension of the moratorium of the TRIPS non-violation and 
situation complaints and we support this proposal. We believe that the moratorium should be 
extended until we are able to agr ee on the scope , and this extension should not be linked to any 
other issue before us. It is now time for all Member s to suggest concrete direction on this issue in 
line with MC12. We continue to thank the Chair in facilitating these discussions.  
7.7  Panama  
186.  As mentioned during the General Council, my delegation strongly supports the extension of 
the moratorium until the upcoming Twelfth Ministerial Conference. For this reason, we would like to 
ask for consultations and discussions to be intensified in the formats and levels deemed appropriate 
in order for us to adopt the Decision in question at the General Council in December.  
187.  We therefore ask for further in-depth  discussions on scope and modalities to be held, at which 
time the concerns expressed by some Member s may be explored and recommendations that will 
allow Member s to adopt a decision for a permanent solution to this issue may be formulated.  IP/C/M/93/Add.1  
 
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 7.8  Indonesia  
188.  Indonesia reaffirms its position that applying NVSC to intellectual property could result in an 
imbalance between the rights of IP -holders, IP users, as well as public interest. The absent of scope 
and modalities for NVSC would introduce new obl igations and raise the standards for protection 
beyond what has been agreed upon.  
189.  This would affect Member s' policy space, especially with regard to implementing public health 
measures. It would then induce an increase of dispute s against existing and fut ure IP -related public 
interest measures undertaken by developing countries and LDCs.  
190.  Moving forward f rom MC12, Indonesia supports a permanent moratorium o n NVSC s under the 
TRIPS Agreement.  
7.9  Ecuador  
191.  Ecuador is co -sponsoring document IP/C/W/385/Rev.1 in the belief that non -violation and 
situation complaints raise fundamental concerns by establishing minimum standards on the scope 
of intellectual property rights.  
192.  The TRIPS Agreement does not seek to protect market access, as there is no exchange of tariff 
concessions, but rather it is a sui generis agreement that establishes minimum standards on the 
acquisition, exploitation, scope and exercise of intellectual property  rights.  
193.  In this regard, and as expressed in document IP/C/W/385/Rev.1 , introducing these complaints 
would undermine the security and predictability provided by the multilateral trading system, which 
would be inconsistent with the long-term best interests of the multilateral trading system and its 
Member s. 
194.  We therefore reiterate our view that complaints of the types provided for under Article 
XXIII:1(b) and (c) of the GATT 1994  are not applicable in the area of TRIPS . 
7.10  New Zealand  
195.  New Zealand maintains its position that non -violation and situation complaints should not 
apply to the TRIPS Agreement for the same reasons expressed in previous Council meeting s and at 
the General Council th e present  week.  New Zealand agrees with the statements of others made that 
more time is needed and that the moratorium should be extended until MC12.  
7.11  India  
196.  India's position on the issue of non -violation complaints under  the TRIPS Agreement remains 
unchanged. Serious concerns remain on the debilitating impact that non -violation complaints in 
TRIPS can have on the regulatory policy space of Member s and on TRIPS flexibilities , thereby 
increasing the complexity in interpreti ng the TRIPS provisions. It can not only have a chilling effect 
on Member 's exercise of their IP regimes but also severely restrain ability of Member s to achieve 
other public policy objectives.  
197.  The absence of non -violation complaints in the TRIPS context does not in any manner threaten 
or dilute the enforceability of TRIPS -related rights and obligations. Introducing non -violation and 
situation complaints into the TRIPS Agreement is unnecessary and inconsistent with the interests of 
the WTO Member s. As such, any benefits arising from the Agreement can be adequately protected 
by applying the text of the Agreement in accordance with accepted principles of international law, 
without any need for introducing the legally uncertain notion of non -violation and situation 
complaints.  
198.  India looks forward to working with like -minded Member s in making non -violation complaints 
inapplicable to TRIPS.  IP/C/M/93/Add.1  
 
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 7.12  Russian Federation  
199.  The Russian Federation is of th e opinion that the issue of "TRIPS Non-violation  and situation 
complaints " needs a permanent solution rather than a temporary one. However, we would support 
an interim decision explicitly extending the moratorium till MC12 to avoid any grey area, i.e. whet her 
the moratorium still stands after 1 January or not. Having said so, we are also of the view that a 
technical extension of the moratorium shall go hand in hand with intensified examination of the 
scope and modalities for non -violation and situation comp laints under the TRIPS Agreement as per 
the Ministerial decision made at the eleventh session of the Ministerial Conference.  
7.13  Canada  
200.  Canada 's longstanding position on this issue is well -known and remains  unchanged. Canada 
notes our recognition that the current moratorium exists thanks to consensus, and trusts that 
Member s can continue to discuss these issues in a collegial manner, especially in view of the high 
concentration of Member s with concerns in th is area. Canada also wishes to express its continued 
interest in participating in any consultations that take place on this issue amongst other interested 
Member s. 
201.  With respect to the proposal to extend the moratorium regarding TRIPS non -violation and 
situation complaints, as discussed during th e current  week's General Council meeting under 
document WT/GC/W/783, Canada would like to the thank the co -sponsors of this item for bringing 
forward the important and timely issue of the status of the moratorium reg arding TRIPS non -
violation and situation complaints, which was renewed most recently at the 11th Ministerial 
Conference in Buenos Aires in December 2017. Canada, like other Member s, is aware that the expiry 
of this moratorium is approaching rapidly in December and preparations for the Twelfth Ministerial 
Conference are now upon us.  
202.  While Canada was not in a position to co -sponsor this communication during this current 
week's meeting of the General Council, our longstanding position on this issue is well -known, and 
we intend to confirm our official position by the next meeting of the General Council.  
203.  In the meantime, Canada will continue to participate in informal consultations with any 
interested Member  on this issue, including during this  current  week's TRIPS Council meeting.  
7.14  Brazil  
204.  Brazil makes reference to its previous statements on this issue. We continue to hold the view 
that the best way forward is to maintain the moratorium of NVSC.  
205.  The dispute settlement mechanism as currently applied to the TRIPS Agreement is sufficient 
to guarantee effective and adequate protection of intellectual property rights.  
206.  Moreover, according to Article 1.1 TRIPS, Member s are free to determine the appropriate 
method o f implementing the provisions of the agreement within their own legal system and practice. 
The flexibilities indicated in the Agreement shall also be preserved. To allow for NVSC would include 
an unnecessary element of uncertainty in Member 's balance of ri ghts and obligations.  
207.  Furthermore, the current impasse in the Appellate Body would not recommend another set of 
possible complaints, since we are currently close to not having a system of double judicial review in 
the WTO.  
208.  In conclusion, and considering th at the General Council is expected to discuss this matter in 
December, we still believe that time is not ripe for the end of the moratorium on NVSC. In this sense, 
we thank the proponents of the General Council  proposal.  
7.15  Singapore  
209.  I would like to thank Chile, Colombia, New Zealand and Panama for their timely proposal, and 
to you also , Chair, for facilitating discussions on this important issue. Singapore supports the IP/C/M/93/Add.1  
 
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 continuation of the mor atorium on NVSCs until the next Ministerial Conference in June 2020 and will 
continue to engage actively on this issue.  
7.16  Guatemala  
210.  My delegation would like to reiterate what was stated during the recent General Council, with 
respect to supporting the proposal presented by the delegation of Chile and other proponents 
contained in document WT/GC/W/783, consisting in extending the renewal of the moratorium for 
the 12th Ministerial Conference, in order to continue constructively discussing the scope and 
modalities in this area . 
7.17  Norway  
211.  Norway 's position is that NVSCs should not be used for TRIPS related issues. We support a 
prolongation of the cu rrent moratorium on non -violation and situation complaints.  
7.18  Argentina  
212.  Argentina 's position on this issue is well -known and, to date, remains unchanged. We believe 
that complaints of this type are not  applicable to the TRIPS Agreement for the reasons explained in 
document IP/C/W/385/Rev.1, which Argentina co -sponsored together with a large number of other 
Member s. 
213.  Non violation and situation complaints in the TRIPS context are unnecessary. They raise 
serious systemic concerns, run counter to the long -term interests of the multilateral trading system 
and upset the delicate balance of rights and obligations in the Agreement.  
214.  We believe it is necessary to continue to explore this matter, and Argentina is r eady to pursue 
constructive discussions on this issue with a view to finding an acceptable and permanent solution.  
7.19  European Union  
215.  The European Union supported extending the moratorium of 13 Dece mber 2017 on not using 
TRIPS non -violation and situation complaints.  
216.  However, the EU remains open to hear and discuss any possible solutions for the future.  
7.20  Hong Kong, China  
217.  Hong Kong, China c onsiders that the uncertainties surrounding non -violation and situation 
complaints have made it harder for Member s to rely on the agreed text of the TRIPs Agreement to 
define their obligations.  As a staunch supporter of the multilateral trading system, Hong Kong, China 
shares the concern that introducing non -violation situation complaints in the TRIPs context may 
undermine the security and predictability provided by the system.  This in the long term would 
weaken the public support of the system a nd the WTO.  
218.  As WTO Member s have yet to identify a solution to resolve the issue, we support extending 
the current moratorium until MC12, so as to provide more time for Member s to work out solutions 
to the issue and avoid bringing unnecessary uncertainties and confusions to the system in the 
meantime.   
7.21  Chinese Taipei  
219.  We understand that there are concerns among Member s over the applicability of non -violation 
and situation complaints to the TRIPS Ag reement. We are looking forward to more in -depth 
substantive discussions among Member s over the scope and type of the said non -violation and 
situation complaints applicable under the Agreement.  IP/C/M/93/Add.1  
 
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 7.22  Bolivia, Plurinational State of  
220.  Bolivia's position on this agenda item has not changed and has already been stated before this 
Council and at the General Council. We believe that non -violation complaints do not apply in the 
context of the TRIPS Agreement. The scope of this concept does not need to be broadened in order 
to protect the balance of rights and obligations inherent to the TRIPS Agreement, especially given 
that it has not yet been clearly established how and when remedies may be a pplied , or how Members 
would benefit. This is also the case for situation complaints.  
221.  Benefits under the TRIPS Agreement could be adequately protected by applying the text of 
the Agreement, in accordance with the principles of international law, and withou t introducing this 
legally uncertain notion. In no way does its absence jeopardize the enforceability of the rights and 
obligations under the Agreement. On the contrary, its application in this context would create 
contradictions between the rights of inte llectual property owners and the ability of governments to 
legitimately implement their regulatory policies.  
222.  Given the lack of consensus on the matter, it is our delegation's opinion that the moratorium 
should be extended until the following Ministerial Co nference, and we reiterate our willingness to 
continue these discussions in a constructive manner.  
7.23  Switzerland  
223.  Switzerland is of the view that, in accordance with Art. 64 of the TRIPS Agreement, 
non-violation complaints are applicable in the TRIPS context after the expiry of the moratorium. In 
the Uruguay round, negotiators had initially agreed on a five -year moratorium for such complaints 
under the TRIPS Agreement to give Member s the opportunity to e xamine the scope and modalities 
of such complaints in the TRIPS context. Since 1999, Ministers have extended this moratorium a 
number of times to give WTO Member s more time to do so. However, in all these years, no such 
modalities have been proposed by Members who may consider additional modalities necessary to 
those contained in the DSU. My delegation thus fails to see the benefit of recommending more time 
to discuss modalities.  
7.24  China  
224.  China remains of the same position on this issue. We believe that non -violation and situation 
complaints should not be applicable under the TRIPS Agreement. But we can support the proposal  
by Chile, Colombia, New Zealand and Panama ' to extend the moratorium until the 12th M inisterial 
Conference.  
7.25  South Africa  
225.  We would like to thank you for your consultations in this matter. Member s remain divided on 
the question of whether non -violation and situation complaints shoul d apply to the TRIPS Agreement 
at all, or whether the application of these types of complaints should be subject to certain modalities.  
226.  South Africa is not a proponent for the application of non -violation and situation complaints to 
the TRIPS Agreement. I t may also be useful for the proponents of the NVC remedy to clarify what 
situations they wish to avoid by having a non -violation remedy available under the TRIPS Agreement. 
We would be concerned with any NVC remedy that would have the effect of expanding existing 
TRIPS obligations or reduce flexibilities that Member s currently have. In this regard, South Africa 
has been proactive in reaching out to various delegation to assess Member s readiness to engage 
substantively on the various options available to ad dress NVCs. There seems to still be a divergence 
in the approach and positions that delegations hold. My delegation would like to point out that in 
recent times Member s have agreed to the non -application of NVCs to Article 31bis of the 
TRIPS  Agreement.  
227.  Article 31bis paragraph 4 of the TRIPS Agreement states the following: "Member s shall not 
challenge any measures taken in conformity with the provisions of this Article and the Annex to this 
Agreement under subparagraph 1(b) and 1(c) of Article XXIII of GATT 1994. "  IP/C/M/93/Add.1  
 
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 228.  We heard certain Member s raise a link between the NVC and e -commerce moratorium. My 
delegation would like to put on record that we do not see any linkage between the two moratoria . 
Each moratorium should be judged on its own merit and as a result we would disagree that the two 
moratoria should be automatically linked. Furthermore, we note the proposal put forward in the 
General Council (13  and 14 October 2019), as referenced in document WT/GC/W/783. As pointed 
out by the Chair of the General  Council, the TRIPS Council is competent to deal with this matter and 
is called to make recommendations regarding the scope and modalities to the General 
Council/Ministerial conference. Also, noting that , between ministerial meetings , the General Council 
is competent to take decisions. We hope that proponents will follow the prescribed protocol in dealing 
with this matter as contained in Article 64.3 of the TRIPS Agreement and subsequent ministerial 
practice.  
7.26  United States of America  
229.  The United States ' position on this issue remains unchanged.  We reiterate our support for 
allowing the moratorium to expire so that Member s may bring non-violation nullification or 
impairment ( NVNI) complain ts in the future, as appropriate.  
230.  In the previous meetings of the TRIPS Council, some Member s raised concerns over the 
application of NVNI complaints to the TRIPS Agreement.  We believe that while valid questions have 
arisen, they are fully and adequately answered by the text of the TRIPS Agreement itself and further 
clarified through GATT and WTO adjudication, as we have enumerated in our communication to the 
TRIPS Council, which was circulated to Member s as document IP/C/W/599, as well as in our recent 
interventions.  
231.  The United States has provided detailed and extensive analysis in each of our statements 
under this item over the past several years.  We have explained the legal basis for such claims in the 
GATT and TRIPS Agreement texts, the panel and Appell ate Body jurisprudence involving NVNI 
disputes, the extensive safeguards that exist to protect Member s rights and obligations under the 
TRIPS Agreement, and concrete descriptions regarding how such disputes would work in practice.   
232.  As we have detailed in p ast interventions, NVNI claims have a long lineage in the WTO and in 
international trade law generally.  The applicability of such claims to the WTO Agreements is the rule; 
their non -application is the exception.  The TRIPS Agreement moratori um is the except ion. 
233.  We continue to believe that WTO Member s are being deprived of an important tool to enforce 
their rights under the TRIPS Agreement, which is why we support the expiration of the moratorium 
so that complaints of this type may be applicable to the TRIPS Agreement.  
234.  While we remain of the view that the text of the WTO Agreements and dispute settlement 
rulings provide Member s with sufficient guidance on the application of NVNI disputes to the 
TRIPS  Agreement, the United States remains open to considering specific proposals from Member s 
wishing to further examine the scope and modalities for complaints of these types.  
8  REVIEW OF THE IMPLEM ENTATION OF THE TRIP S AGREEMENT UNDER AR TICLE 71.1  
235.  No statements  were made under this agenda item.  
9  REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 
236.  No statements were made under this agenda item.  
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  
10.1  Canada  
237.  As part of its ongoing commitments under TRIPS Article 66.2 , Canada is pleased to report on 
its work in providing incentives to enterprises and institutions for the p urpose of promoting and IP/C/M/93/Add.1  
 
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 encouraging technology transfer to least  developed country Member s in order to enable them to 
create a sound and viable technological base.  
238.  Canada 's 2019 report on the implementation of TRIPS Article 66.2 (document 
IP/C/W/656/Add.4)  updates on the range of projects and initiatives undertaken by Canada in recent 
years. Before discussing some of the more noteworthy projects included in 2019 report, it is noted 
that Canada 's report on TRIPS Article 66.2 focuses primarily on non -market p rojects, as financed by 
Canadian departments, agencies, and institutions, through official development assistance, grants, 
and other concessional financing. For instance, the development branch of Global Affairs Canada 
provides financial incentives in part nership with Canadian educational and research institutions in a 
range of development areas like agriculture and food security, public health, sustainable 
development, as well as business development and capacity -building for small and medium -sized 
enterpr ises (SMEs).  
239.  In addition to updates on existing projects, the 2019 report include s information on more 
recent projects, such as EQWIP HUBS, a partnership with Canada World Youth and Youth Challenge 
International. The project, which focuses on multiple cou ntries including Tanzania and Senegal, aims 
to increase the capacity of local partner organizations to deliver innovative, sustainable, gender 
responsive livelihood programming for young women and men through volunteer placements and 
the co -implementation of youth -focused innovation hubs. These hubs serve as adaptive, accessible, 
youth -friendly spaces that bring together the training, support services, access to capital, networks 
and technology young people need to access sustainable livelihoods.  
240.  Another ne w project included in the 2019 update, Capacity Building for Sustainable Irrigation 
and Agriculture in Ethiopia, sets out to improve the capacity of Ethiopian public and private 
institutions, including colleges, to design, build and manage small -scale irri gation and 
micro -irrigation systems. A related project, Scale -up of Conservation Agriculture in East Africa, aims 
to scale up the results and innovations developed by the Canadian Food grains  Bank in conservation 
agriculture among farmers in multiple count ries in East Africa, including Ethiopia and Tanzania. As 
well, 2019 report includes information on USC Canada Seeds of Survival 2015 -2020, which aims to 
increase seed, food and economic security in multiple countries including Ethiopia, Burkina Faso, 
and M ali, such as through participatory research to develop new crop seed varieties adapted to 
different agro -ecological zones.  
241.  Canada would be pleased to provide further information on these and other technology transfer 
projects and programmes contained in Canada 's 2019 report on the implementation of Article 66.2, 
upon request. Canada also invites interested delegations to consult Global Affairs Canada 's 
searchable "International Development Project Browser " for further information on these and other 
initiatives.  
242.  Finally, Canada would also like to take the opportunity to again thank the Secretariat for 
organiz ing the February 2019 Workshop on TRIPS Article 66.2, and to thank those Member s that 
shared their experiences and valuable insights in this area. We look forward to the next workshop 
on the implementation of TRIPS Article 66.2   on the margins of the next session of the TRIPS Council, 
and to further discussions with other Member s on these important issues.  
10.2  United States of America  
243.  The United States attributes great importance to this review with respect to the o bligations 
under Article 66.2.  
244.  Our 2019 submission, document IP/C/W/656/A dd.2, is an update to our 2018 report, detailing 
programmes aimed to support LDCs in fostering the necessary environment to encourage the 
effective, voluntary transfer of technology t o LDC Member s. The US submission details programmes 
ranging from intellectual property and trade capacity building to health, labour , and environment as 
well as entrepreneurship.  Similar to the 2018 submission, this report includes comments from host 
count ries regarding the value of several of the programmes listed in the report.  
245.  The United States continues to believe that the effective functioning of TRIPS Article 66.2 
requires a robust dialogue between developed countr y Members  and LDC Member s in order to target IP/C/M/93/Add.1  
 
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 incentives in a way that is most responsive to the self -identified technology transfer interests and 
needs of LDC Member s. 
246.  Please allow me to mention some elements contained in our 2019 report, highlighting a few 
programme updates.   
247.  The Partnerships for Enhanced Engagement in Research (PEER) programme directly supports 
scientists in USAID -presence countries through institutional research awards ranging up to 
USD 300,000.  Numerous US scientific agencies such as National Aeronautics and S pace 
Administration, National Institutes of Health, National Science Foundation, National Oceanic and 
Atmospheric Administration, Smithsonian Institution, and US Department of Agriculture, as well as 
the private sector, and universities and research instit utes around the world, have partnered with 
scientists in least  developed countr y Members  through PEER awards.  
248.  Several PEER projects use cutting edge digital technologies to facilitate climate -smart 
agriculture.  For example, in Uganda, Makerere University i s partnering with California State 
University - Monterey Bay, and the NASA Ames Research Centre  for Earth Science and Technology 
to develop and deliver crop yield forecasts to farmers in Sub -Saharan Africa.  These forecasts will 
integrate satellite data and  advanced crop modelling.  In 2019, the final platform, CropWIS, was 
designed and the smartphone mobile application can now be downloaded for Android phones.  
249.  Through a PEER grant, a researcher in Bamako, Mali is studying the best way to deliver 
Seasonal Mal aria Chemoprevention (SMC), a World Health Organization -recommended method for 
malaria prevention in children under five.  While the team is working closely with the Government of 
Mali during the scale -up of SMC during FY 2019 -2020, the team continues to st udy the impact of 
SMC on antibody generation to see if SMC prevents the normal progression of innate immune 
protection generated by constant exposure to malaria.  
250.  Maputo Central Hospital in Mozambique, in collaboration with University of Texas MD Anderson 
Cancer Centre , Universid ade Eduardo Mondlane, Rice University, and Population Services 
International, are promoting and testing affordable technologies for cervical cancer screening for 
low income countries to improve early detection of cervical cancer.  The project aims to screen 2,000 
women for cervical cancer, using a novel point -of-care HPV test developed by Rice University, 
through existing cervical cancer prevention and voluntary family planning programs.   
251.  We look forward to further discussing our repor t with LDC Member s at the February workshop.  
10.3  European Union  
252.  This year 's technology transfer report shows that the E uropean Union and its member States 
take their commitments and obligations under TRIPS Article 66.2 seriously and make efforts to put 
in place projects that incentivizes technology transfer to LDCs. The EU and its member States gave 
proof to promptly react to natural, social, he alth, climate and economic changes by putting in place 
projects specifically tailored to the current needs of least developed countries (LDCs). The report is 
an advanced working document, it has not been finalised yet.  
253.  Technology transfer refers to the wa ys and means through which companies, individuals and 
organizations acquire technology or know -how from third parties, whether such technology is 
IPR-protected or not, including know -how.  
254.  However, technology transfer is often one component of a more compl ex project, rather than 
a stand -alone activity. The acquisition by LDCs of a sound and viable technological base does not 
indeed depend solely on the provision of technology or equipment, but also on acquisition of know -
how, management and production skill s, improved access to knowledge sources as well as on 
adaptation to local economic conditions.  
255.   Therefore, training and education of university graduates, exchanges of qualified staff, and 
joint research projects must accompany the buying or licensing of I P rights related to the transferred 
technology. Relevant literature has proven that the mere transfer of technology without the training 
of local employees does not enable the recipients to achieve the internalization of the provided IP/C/M/93/Add.1  
 
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 technology and to redu ce the technology gap with developed countr y Member s. Several projects put 
in place by the European Union and its member States are accordingly aimed at providing such 
training and education.  
256.  Most projects that deal with sectors such as energy, water, agri culture, governance and 
infrastructure result in transfer of know -how and technology. Moreover, their prolonged duration 
reflects the goal of helping local forces to develop independent systems in the concerned sectors.  
257.  Let me give you some examples from t he technology transfer  programme of the EU:  
258.  First, t he AfriAlliance project (Africa -EU Innovation Alliance for Water and Climate) continued 
also this year and aims to identify appropriate social innovation and technological solutions for key 
water and clim ate change challenges, leading to identification and boosting sustainable market and 
investment opportunities in Burkina Faso. The project supports effective means of knowledge sharing 
and technology transfer between Africa and the EU, all with the aim of increasing Africa 's 
preparedness to address the vulnerability of water and climate change -related challenges as well as 
to improvement water and climate monitoring and forecasting processes and tools in Africa.  
259.  Second, t he DAFNE project (Use of a Decision -Analytic Framework to explore the water -
energy -food Nexus in complex and trans -boundary water resources systems of fast growing 
developing countries) applies an innovative integrated water management approach, tailored to local 
conditions, to water manage ment in specific basins, operational water management across different 
countries, identification of vulnerabilities, improved local capacity and increased social and economic 
well-being within the study areas. The project activities range from monitoring, development of 
indicators and scenarios, modelling, development of decision support systems and interaction with 
stakeholders and policymakers to negotiation exercises and simulations. The beneficiaries are 
Mozambique and Zambia.  
Accelerating Progress tow ards Maternal, Neonatal and Child Morbidity and Mortality 
Reduction in Zambia  
260.  The aim of this project is to improve maternal, neonatal and child health and the nutritional 
status of women and children; and in particular to increase utilisation of quality health and nutrition 
services by vulnerable women, adolescents and children in selected urban and rural districts 
(comprising 30% of the population in Zambia) within the provinces of Lusaka and Copperbelt.  
Health Systems Strengthening – Support to the Min istry of Health and the Zambia 
Medicines  Regulatory  Authority   
261.  The aim of the project is to improve the health status of the people in Zambia in order to 
contribute to socio -economic development. The project also aims at improving the capacity of the 
Ministry of Health (MoH) and related institutions to deliver quality assured essential medicines, 
including their rational and correct use as well as developing and implementing evidence -based 
policies and strategies.  
Projects by member States  
Support of competitiveness and marketing of the constructed (artificial) wetlands 
technology in Cambodia – Czech Republic  
262.  The project aims to create the conditions for investment projects in the area of constructed 
wetlands in Cambodia. These wetlands rep resent an economically, technologically as well as 
aesthetically attractive alternative to standard mechanical and biological wastewater treatment 
plants. Certain innovative improvements of the well -proven constructed wetland technology have 
been developed  by the companies implementing the project making the wastewater treatment more 
effective and manageable. The project seeks to improve sewage disposal in the rural areas of 
Cambodia and improve the quality of both surface - and groundwater. The technology i s most suitable 
for the recreational facilities, smaller municipalities and industries and has a wide potential in the 
country and beyond. The pilot project in Siem Reap province has been completed in mid -2019 and 
handed over to the beneficiary.  IP/C/M/93/Add.1  
 
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 Transfer o f Environmental Multi -Stage Flash desalination technology to Mozambique – 
Czech Republic  
263.  The aim of this project is to transfer an unique Environmental Multi -Stage Flash (EMSF) 
technology to Mozambique in an area with extreme scarcity of freshwater supply  for drinking as well 
as irrigation purposes. The technology has a potential for low -cost, energy -efficient and climate -
friendly desalination in any region suffering from freshwater scarcity, but abundance of (solar) heat 
or other forms of energy. The init ial phase of the project (feasibility study) intends to verify the 
suitability of EMSF technology in local conditions and prepare the ground for installation of 2 EMSF 
units during the implementation stage.  
Sustainable Development of Mining in Rwanda (SDM R) – United Kingdom  
264.  Policy objective is to contribute to the economically and environmentally sustainable growth 
of Rwanda 's mining sector through supporting an enabling environment that will increase private 
sector investment in mining in Rwanda, and by testing the effectiveness of targeted interventions 
for a new mining services aggregation model as a way of achieving a viable and sustainable mining 
sector. Budget or funds allocated is £750,000 provided by the United Kingdom. The intervention 
aims to bui ld a digital collection of maps and reports on Rwanda 's geology and mineral resources 
and up -to-date exploration information such as, for example, geochemical and geophysical data and 
mine production data.  The expected impact of the project is to increase  access to geological and 
cadastre information to support the private sector in securing finance, increase investment in mining 
and improve the transparency of mineral rights management.  
10.4  Japan  
265.  Even though it is not necessary to m ention again, this delegation recognizes the importance 
of TRIPS Article 66.2 for LDCs, taking into account their economic, financial and administrative 
constraints and so on. From such a perspective, Japan is earnestly engaged in improving the 
business en vironment for technology transfer to LDCs .   
266.  This delegation would like to briefly describe 2019 report on our implementation of TRIPS 
Article 66.2  (document IP/C/W/656/Add.1 ). The report consists of four sections, namely, I) Activities 
Undertaken by Technical Cooperation Organizations, II) Activities in the field of Climate Change, III) 
Activities in the Pharmaceutical Sector, and IV) Activities in the Field of Intellectual Property Rights.  
267.  Furthermore, this report has an annex in a spre adsheet format, which provides detailed 
information on each activity involving technology transfer. In this annex, participating LDCs are 
shown in bold where they are included as parts of beneficiaries.  
268.  Japan understands that incentives to enable technolog y to be transferred include a variety of 
measures such as financial support and business environment support, because one of the main 
obstacles for enterprises and institutions in developed countr y Member s to transfer technologies to 
LDCs is the lack or in sufficiency of business environment in LDCs. Furthermore, improving the 
business environment helps create incentives that are stable and self -sustainable, which is especially 
important considering that technology transfer often takes time.  
269.  Japan believes that activities in the report contribute to creating a sound and viable 
technological base in LDCs, which will bring about further technology transfer by enterprises and 
institutions in developed countr y Members . 
270.  Japan will continue to make its utmost effo rts to improve the business environment and make 
it even more conducive to transfer technology. In the coming Workshop to be held next February, 
this delegation is willing to introduce our report in detail, and strongly believes that the workshop 
will be a  good opportunity to enhance mutual understanding, which will lead to greater cooperation 
in the future.  
10.5  Australia  
271.  Australia was pleased to submit its Article 66.2 report to the Secretariat on 19 September.  IP/C/M/93/Add.1  
 
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 272.  We take our Articl e 66.2 reporting seriously, and are careful to submit our reports using the 
template preferred by LDC Members.  
273.  We would be happy to discuss our report further with Members at the next available 
opportunity .  
10.6  Switzerland  
274.  Switzerland is also committed and dedicated to its obligations under Article 66.2 and is happy 
to respond to any questions Members may have on it. For the sake of time, we will not go in details 
to present it and we will happy to do so at the forthcoming work shop in February 2020.  
10.7  Norway  
275.  Norway 's report is contained in document IP/C/W/656 /Add.6. The report provides information 
on incentives carried out by the same two agencies we have reported on in previous years, with 
funding for private sector development and technology transfer.  
276.  Norad, the Norwegian directorate for development cooperation, provides incentives for 
technology transfer to least developed countries (LDCs) through its facilities for pre -investment 
support, strategic p artnerships, the Oil for Development programme and the Fish for Development 
programme. Many other Norad programmes also include elements of technology transfer.  
277.  Norfund, the Norwegian investment fund for developing countries , aims to build sustainable 
commercial businesses in developing countries by providing risk capital and expertise. Business 
sectors of priority are (i) clean energy; (ii) food and agribusiness; and (iii) the financial sector. By 
the end of 2018, 41 % of Nor fund's total investment portfolio was in LDCs, well above the target of 
33%. 
278.  We look forward to presenting more details of these programmes at the seminar back -to-back 
with the next TRIPS Council meeting in February.  
10.8  Bangladesh  
279.  The delegation of Bangladesh welcomes the annual reports on the implementation of the 
provisions of TRIPS Article 66.2 submitted by the developed country Member s. However, these 
regular review reports do not clearly give informa tion on incentives provided to enterprises and 
institutions in developed countr y Member s. Instead, these notifications contain lists of mostly 
technical assistance programmes and projects aimed at enhancing capacities in the LDCs. No doubt, 
these programme s are very helpful for the LDCs and we are grateful to the developed country 
Member s. However, these reports generally fulfil the requirements narrated under TRIPS Article 67 
on technical cooperation and, consequently, do not satisfy the obligation of TRIP S Article 66.2.  
280.  The reports presented in the TRIPS Council are undoubtedly a mixture of the technical 
assistance programmes and a few technology transfer initiatives. Some of them have listed 
initiatives like building sea -wall for protection from land ero sion, construction of weather forecasting 
system, research -grant for governance problem in the health sector, humanitarian assistance to 
refugees, communication training to forest rangers, skill development for young entrepreneurs and 
so on as technology t ransfer. Great amalgam indeed but not useful for the purpose!  
281.  Bangladesh acknowledges that, to create a sound technological base in the LDCs, we need 
support from the development partners. TRIPS Article 66.2 in the legal text point-blank  directs us 
that, "developed country Member s shall provide incentives to enterprises and institutions in their 
territories for the purpose of promoting and encouraging technology transfer to least  developed 
country Member s in order to enable them to create a sound and viable technological base ". The use 
of the modal verb "shall" denotes an obligatory requirement. TRIPS Article 66.2 states that the 
developed country Member s are required to provide incentives to enterprises and institutions in their 
territories. The respo nsibility to provide incentives clearly falls on the developed country Member s 
and not on the private sector entities and enterprises. On the scope of implementation of this Article, 
this is evident that primarily the LDCs are not in the scene in the first  phase. LDCs will come in the IP/C/M/93/Add.1  
 
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 canvas in the next step when the enterprises and institutions in developed countr y Member s will 
take further steps towards their contribution in transferring technology to the LDCs.  
282.  We request the Member s in the Council to co nsider designating focal points from both the 
developed country and least-developed country Member s to monitor the implementation status of 
TRIPS Article 66.2. Previously the proposal was tabled on behalf of the LDCs. And the Member s 
candidly discussed the  issue at a number of previous meetings of this Council. This has also been 
recommended in the WTO Workshop on Implementation of TRIPS Article 66.2 in February 2019. 
Now, we need to carry forward the monitoring issue to acknowledge the genuine contribution s that 
the developed country Member s have provided to the LDCs.   
283.  Bangladesh stands ready to engage in constructive discussion on the focal point and 
monitoring issue of TRIPS Article 66.2.  
11  TECHNICAL COOPERATIO N AND CAPACITY -BUILD ING 
11.1  Canada  
284.  Pursuant to Article 67 of the TRIPS Agreement, Canada is pleased to submit its annual report 
on the implementation of Article 67, which provides an update on Canada 's activities concerning IP -
related technical and financial cooperation for developing and LDC Member s, covering the 2018 -2019 
period ( document IP/C/W/655/Add.5).  
285.  Canada undertakes a number of IP -related technical cooperation activities at the multilateral,  
plurilateral and bilateral levels. For instance, Canada closely collaborates with WIPO, as well as with 
the Asia -Pacific Economic Cooperation Intellectual Property Rights Experts ' Group (APEC -IPEG), 
which Canada currently chairs, and where Canada particip ates in regular discussions aimed at 
sharing information and best practices on IP rights. Canada also provides technical cooperation 
activities through the Canadian Intellectual Property Office (CIPO), Global Affairs Canada, the 
International Development R esearch Centre (IDRC), and the Royal Canadian Mounted Police (RCMP). 
Other Canadian institutions that receive funding from the Government of Canada, such as the Centre 
for Trade Policy and Law and the University of Ottawa, are also involved in internationa l technical 
cooperation efforts.  
286.  Notable projects in 2019 report on the implementation of TRIPS Article 67 include CIPO 's 
participation in an October 2018 Patent Cooperation Treaty (PCT) regional seminar for Latin 
American countries, as well as CIPO 's Sept ember 2018 to August 2019 participation in the WIPO 
Programme of International Cooperation in the Search and Examination if Inventions (or ICSEI). As 
well, in June and July 2019, CIPO hosted and delivered an annual CIPO -WIPO Executive Workshop 
on Managemen t Techniques in the Delivery of IP Services for senior officials from developing 
countries. CIPO also continues to provide webinars on IP and patents through Trade Facilitation 
Office (or TFO) Canada, for embassies, consulates and businesses from developin g and emerging 
countries.  
287.  Canada would be pleased to discuss these and other initiatives contained 2019 report on the 
implementation of TRIPS Article 67. We would like to thank those Member s that have shared their 
views and experiences on this important t opic so far, and look forward to furthering  discussion on 
the topic of IP -related technical and financial cooperation for developing and LDC Member s during 
the session.  
11.2  Japan  
288.  This delegation would like to briefly descri be 2019 report on Japan 's technical cooperation, 
(document IP/C/W/655/A dd.1). The report consists of the main body and its annex. The main body 
highlights recent technical activities, while the annex lists the details of each activity.  
289.  This report categor izes cooperative activities into four areas, namely, industrial property, 
copyrights, plant varieties, and border measures.  IP/C/M/93/Add.1  
 
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 290.  When it comes to industrial property, the Japan Patent Office organized 23 training courses 
for both government officials and the p rivate sector in FY2018. More than 400 people attended in 
total. Moreover, based on the JPO 's long history of conducting training courses, alumni associations 
have been established in the trainees ' home countries. The Japan Patent Office continues to support 
the alumni associations by holding follow -up seminars in Asian countries.  
291.  Turning now to copyrights, in FY2018, the Japan Copyright Office, with the support of the 
WIPO, held seminars where aro und 100 people attended.  
292.  Moreover, Japan provided technical cooperation to developing and least  developed country 
Member s on the protection of plant varieties and border measures.  
293.  Japan will continue to make its utmost efforts to fulfil its obligation und er Article 67.  
11.3  European Union  
294.  Details of E uropean Union and EU member State technical assistance activities in LDCs and 
developing countries can be seen in the last updated submission made under TRIPS Article 6 7 and 
circulated on 14 October 2019 (it  is an advanced working document). The following Member States 
have provided information on their technical cooperation and capacity building programmes under 
Article 67 of the TRIPS Agreement: Czech Republic, Finland , United Kingdom, Spain and Portugal.  
295.  The report confirms the EU 's commitment to technical co -operation and capacity building and 
the EU fulfilling its TRIPS obligations.  
296.  The report confirms the EU 's commitment to technical co -operation and capacity buil ding and 
the EU fulfilling its TRIPS obligations.  
11.4  United States of America  
297.  The United States is pleased to highlight its report under Article 67, contained in document 
IP/C/W/655/A dd.2, on the technical assistance programmes provided by the US Government 
concerning the protection, utilization and enforcement of intellectual prope rty rights, including 
patents, trademarks, and enforcement for developing and least developed countr y Member s. 
298.  In 2018, our report accounts for more than 113 training, technical assistance, and capacity 
building programmes for 140 different countries, including developing countries and LDCs.  
299.  Of these 140 countries, 29 programmes were provided for 34 least developed countr y 
Member s, including Afghanistan, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, 
Chad, Democratic Republic of the Congo, Ethiopia, The Gambia, Guinea, Lao PDR, Lesotho, Liberia, 
Madagascar, Malawi, Mali, Mauritania, Mozambique, Myanmar, Nepal,  Niger, Rwanda, Sao Tome and 
the Principe, Senegal, Sierra Leone, Sudan, Tanzania, Timor -Leste, Togo, Uganda, Vanuatu, and 
Zambia.  (For more information about  the Global Intellectual Property Academy , or GIPA, see 
www.uspto.gov/gipa).  
300.  Technical cooperation  to improve IP legal, administrative and enforcement infrastructure is 
crucial to countries ' economic development and directly contributes to foreign investment and 
voluntary, private -sector -led technology transfer in developing countries.  It also allows d eveloping 
country innovators to capitalize on their creativity.  
301.  US Government technical assistance is driven by demand and individual priority needs of 
beneficiary countries. The diversity of needs and interests identified by beneficiary countries results 
in tailored technical assistance activities on specific areas of interest.  
302.  We look forward to continued discussions on reports in the Council concerning technical 
cooperation of governments and IGOs for the strengthening of IP systems.  IP/C/M/93/Add.1  
 
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 11.5  Norway  
303.  Norway 's report is contained in document IP/C/W/655 /Add.3. The report provides information 
on relevant technical cooperation activities by two institutions: The Norwegian Industrial Property 
Office (NIPO) (Patentstyret) – and The N orwegian Copyright Development Association (Norcode). 
The report covers activities in both 2017 and 2018. We did not submit any report in 2018 . 
304.  NIPO conducted a training course in the trademark area in September 2018 – in cooperation 
with WIPO. The target group was officers from developing countries who deal with IP at a practical 
level. The focus of the course was on practical work and administrative management of industrial 
property applications.  
305.  Norcode provides technical cooperation in the copyright fie ld, in order to support the cultural 
sector in developing countries. From November 2017 to November 2018, Norcode carried out their 
training programme on exercise and management of copyright and related rights three times in 
different regions. The target g roup was leading persons in so -called collective management 
organisations in the cultural and creative industries, and/or officers in IP offices that work with such 
organisations. The programme follows a phased structure with preparations, onsite sessions,  
individual study projects, and evaluation. For the purpose of these programmes, Norcode also 
cooperates with several partner organisations, among them WIPO.  
306.  More details can be found in our report, which also contains contact info to NIPO and Norcode 
in case Member s would like more information.  
11.6  Australia  
307.  Australia takes an active role in promoting technical cooperation and capacity building in the 
intellectual property field as we have highlighted in our 2019 Article 67 Report, which we submitted 
to the Secretariat on 19 September.  
308.  Since our last meeting, the ongoing work of the WIPO -Australia Funds in Trust (F iT) 
programme has continued to support least developed and developing countr ies with the 
development a nd implementation of IP systems and enhancement of their IP capabilities.  
309.  We are pleased to reiterate our commitment to technical cooperation and intellectual property 
capacity building activities.  
310.  We are also pleased to report that Australia will fund a third iteration of the FiT program, 
beginning in September this year, after Phase Two concluded in June.  
11.7  Benin, on behalf of West African Economic and Monetary Union  
311.  On behalf of the group of West African Economy and Monetary Union (WAEMU) countries in 
Geneva, for which Benin serves as coordinator, I would like to express our sincere thanks to the 
WTO Secretariat for its technical and logistical support that enabled us to organize the Regional 
Workshop on Public Health, Intellectual Property and Public Procurement for capital based experts 
of WAEMU countries, which was held from 2 to 4 July 2019 in Dakar, Senegal.  
312.  Thank you , too, to WTO Member s for their valuable cont ributions to the implementation of 
technical assistance and capacity building programmes.  
313.  I would also like to extend special thanks to the WTO 's Institute for Training and Technical 
Cooperation and the other international institutions that played a role i n this activity, namely the 
World Intellectual Property Organization (WIPO), the World Health Organization (WHO) and the 
World Customs Organization (WCO), for their highly appreciated technical and logistical 
contributions.  
314.  The activities that took place o ver the course of these three days of work enabled us to bring 
our capital based experts up to date and to equip them to respond to existential concerns, such as IP/C/M/93/Add.1  
 
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 the protection of public health, access to existing medicines, and the ability of our local en terprises 
not only to produce good quality medicines at lower costs but to sell their products on other markets.  
315.  The discussions during the regional workshop and the results obtained showed the 
considerable interest of WAEMU countries in issues concerning intellectual property, government 
procurement and public health, as well as how to use the flexibility provided to our countries by 
various international agreements on these issues.  
316.  The knowledge acquired during this workshop will most definitely enable ou r capital -based  
experts, in synergy with the actions of the WAEMU Commission, to undertake reforms on 
government procurement and access to high quality medicines, the implementation of which will 
require more action with the close involvement of stakeholde rs. 
317.  To this end, capacity building and technical assistance initiatives in our countries should be 
multiplied in order to ensure our greater involvement in the multilateral trading system.  
318.  This is why we urge WTO Member s and the Secretariat to continue tec hnical assistance 
initiatives in our countries, particularly on issues relating to the TRIPS Agreement.  
11.8  Bangladesh  
319.  The delegation of Bangladesh welcomes the report of the Secretariat and the reports under 
TRIPS Article 67 from the developed  country Member s and other international organizations on the 
technical cooperation and capacity building support to the developing  countries and particularly in 
the LDCs. These reports provide us information on a wide range of programmes and activities 
customized for the beneficiary Member s. These programmes are critically important for the LDCs.  
320.  Bangladesh sincerely thanks the deve loped country Member s and the international 
organizations for their help and would like to encourage them to continue their valuable support for 
the developing countries and particularly the LDCs and the graduating LDCs.  
11.9  WTO  Secretariat  
321.  Document IP/C/W/658  contains a full report  on technical cooperation activities in the area of  
TRIPS that we undert ook between 1 October 2018 and 30 September 2019. The report  provides a n 
overall thematic intr oduction and list  each activity in the Annex.  In this brief report we also provide 
an overview of the activities.  
322.  The technical cooperation activities, undertaken  by the Secretariat under the aegis of TRIPS, 
have the objective of assisting Members and Obse rvers to meet their developmental and other 
domestic policy objectives within the framework of the IP system established by the 
TRIPS  Agreement, and to respond directly to the needs and priorities articulated by the Members 
concerned.  
323.  Activities are there fore driven by demand from developing country and least developed 
countries partners, as well as from governments in the process of acceding to the WTO. The activities 
touch on a range of areas such as innovation and industrial policy, health, regulatory a spects, 
competition policy and environmental protection, and how the trade and intellectual property regime 
can contribute to achieving concrete results in line with domestic circumstances and priority needs. 
These activities also have the objective of str engthening the capacity of Members to fully participate 
in the WTO's work on TRIPS matters . 
324.  A central focus remains on assisting Members and Observers to understand their rights and 
obligations under the TRIPS Agreement. They continue to receive tailored a ssistance, which includes 
their participation in the transparency work of this Council. It will be stepped up in line with the 
opportunities provided by the e -TRIPS Submission System, an online tool for WTO Members to 
submit notifications, review materials  and reports related to the TRIPS Agreement, and the e -TRIPS 
Gateway, a database of the full range of TRIPS -related information managed by the Secretariat.  IP/C/M/93/Add.1  
 
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 325.  Among the more recent developments, since the entry into force of the Protocol Amending the 
TRIPS Ag reement in January 2017, activities have increasingly focused on implementing the Protocol 
at the domestic level and supporting the utilization of the Special Compulsory Licensing System as 
an effective procurement tool to ensure access to affordable medic ines in line with the addresses 
given in this Council .  
326.  In 2018, the Secretariat organized the first WTO activity dedicated to IP and knowledge flows 
in a digital era. The overall objectives were to provide participants with an understanding of how 
existin g WTO rules, particularly the TRIPS Agreement, apply to the knowledge economy and to 
facilitate an understanding of how technological advancements have enhanced the means for 
cross-border knowledge flows.  
327.  The WTO also organized in 2018 the first joint reg ional workshop. An activity for Members and 
Observers from the Arab region . This regional workshop focused on the interlinkages between 
health, IP and trade.  
328.  Further, in  early 2019, the Secretariat organized the Workshop on the Implementation of 
Article 6 6.2 of the TRIPS Agreement in which capital -based officials from LDCs and from developed 
country reporting Members, as well as Geneva -based delegates, participated. LDC participants 
discussed priority areas for technological development in LDCs and project s relevant to those areas, 
and reporting country developed Members presented highlights from their 2018 reports on the 
implementation of Article 66.2 of the TRIPS Agreement.  
329.  We are pleased to announce that the 8th joint Technical Symposium, organized by t he WTO, 
the WHO and the WIPO will take place on 31 October  2019. The Symposium this year will address 
the importance of innovation in, and access to, cutting -edge health technologies to ensure progress 
towards universal health coverage and the achievement of the health -related UN Sustainable 
Development Goals.  
11.10   World Health Organization  
330.  We welcome the opportunity to present the technical cooperation activities of the World Health 
Organization (WHO) in the area of public health, innovation and intellectual propert y. We will just 
highlight a few of the activities that are contained in our annual report.  
331.  The overall objective of WHO 's technical cooperation is to strengthen the capacity of 
developing countries in the areas of health innovation, access to medicines an d management of 
intellectual property. WHO 's technical cooperation is based on its mandate derived from the Global 
Strategy and Plan of Action on Public Health, Innovation and Intellectual Property (GSPA -PHI) as 
well as other relevant resolutions of the Wo rld Health Assembly, including the recently approved 
resolution on "Improving the transparency of markets for medicines, vaccines, and other health 
products, " WHA72.8.   
332.  The Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Pr operty 
(GSPA -PHI) was endorsed by consensus by all WHO Members . The strategy is designed to promote 
new thinking in innovation and access to medicines, which would encourage needs -driven research 
rather than purely market -driven research to target diseases  which disproportionately affect people 
in developing countries. The eight elements of the global strategy are designed to promote 
innovation, build capacity, improve access and mobilize resources and includes "application and 
management of intellectual pr operty to contribute to innovation and promote public health. " 
333.  As requested by the World Health Assembly, the WHO Secretariat will present, in 2020, a 
report on progress as well as an implementation plan for the coming years relating to the prioritized 
recommendations of an expert review panel of the GSPA -PHI. WHO 's work on access to medicines, 
vaccines and other health products, including activities in relation to appropriate application and 
management of intellectual property for the period 2019−2023  is contained in The Road Map on 
Access to Medicines, Vaccines and Other Health Products.  
334.  The WHO Model List of Essential Medicines (WHO EML) and the List of Essential Diagnostics 
(WHO EDL) are core guidance documents that help countries prioritize critical hea lth products that IP/C/M/93/Add.1  
 
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 should be widely available and affordable throughout health systems. The EML has recently been 
reviewed and, based on current data from MedsPaL database, 11% of medicines in the revised EML 
are under patent protection, either primary and/ or secondary patents.    
335.  The 2018 WHO "Technical Report on Pricing of Cancer Medicines and its Impacts " reviews 
pricing approaches applied throughout the "value chain " (i.e., activities required to bring medicines 
to patients, from R&D to service delivery).  The report presents evidence relating to the impacts of 
pricing approaches on the price, availability and affordability of cancer medicines. WHO will continue 
its efforts to biennially convene the Fair Pricing Forum with Members  and all relevant stakehold ers 
to discuss the affordability and transparency of prices and costs relating to health products.  
336.  Finally, WHO will celebrate ten years of the collaboration with WTO and WIPO and will continue 
providing joint technical and policy support to countries in framing national policies, laws and 
regulations to favour application and management of intellectual property in a manner that 
maximizes health -related innovation and promotes access to health products to ensure progress 
towards Universal Health Coverage a nd achievement of the health -related SDGs. The next 
Symposium on Cutting -Edge Health Technologies will be an opportunity to discuss major scientific 
progress as well as the persistent inequities within and between countries and challenges to conduct 
needs -driven research, as well as access to and affordability of new treatments for all.  
337.  You will find more information on our activities, including training workshops and technical 
assistance provided to countries in our report document IP/C/W/654/A dd.1. 
11.11   Cooper ation Council for the Arab States of the Gulf  
338.  It is my pleasure to begin this statement by extending our gratitude to the WTO Member s for 
the trust they have placed in the GCC by granting to it permanent observer status to the TRIPS 
Council. This will encourage the GCC and make it enthusiastic to redouble its efforts to make a more 
positive contribution to the work of the TRIPS Council . 
339.  The overall objective of the Gulf Cooperation Council (GCC) technical cooperation programmes 
is to strengthen the capacity of officials from the GCC Members  to respond to needs in many areas, 
including intellectual property.  
340.  GCC's technical cooperation i s based on its mandate derived from Article 20 of the GCC 
Economic Agreement which states that "Members  shall develop programmes encouraging talented 
individuals and supporting innovation and invention; cooperate in the field of intellectual property 
and d evelop regulations and procedures ensuring protection of intellectual property rights; and 
coordinate their relevant policies towards other countries, regional blocs and international and 
regional organizations ". 
341.  Technical assistance activities undertaken by the GCC Secretariat -General during recent 
months have been focused on various IP concrete aspects such as enforcement of IP laws, patent 
examination, patent applications drafting, arbitration in the field of IP, trade in counterfeit goods, 
cooperation i n IT system, IP crime, etc. These activities w ere conducted in the form of workshop s, 
on-the-job training s, secondment s or through supporting the participation in conferences or in 
international IP exhibitions, and a number of them were organized in cooper ation of some IP national 
offices.  
342.  In the field of IT system s, on-the-job trainings were conducted in  the Kingdom of  Bahrain, 
Oman and the State of Kuwait in November 2018, December 2018, March 2019, and June 2019 
respectively , with the aim of completing the development of electronic systems and infrastructure, 
raising awareness on GCC Patent Office E -Services and studying the system integration and payment 
gateway.  
343.  The GCC Patent Office continues to contribute in building capac ity of GCC national Offices in 
examining and filling patent applications. On -the-job trainings devoted to this IP area continue to 
be organized for examiners from national patent o ffices. Two secondments, one year each, w ere 
organized during 2018 – 2019 in  Oman IP Office aiming at examining number of patent applications, IP/C/M/93/Add.1  
 
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 including applications filed under PCT and sharing knowledge with the examiners of the Oman IP 
Office.  
344.  In the same vein, the GCC IP Training Centre, in cooperation with the Japan Foreign Tr ade 
Authority, has conducted for the benefit of Patent examiners and other specialists a training 
programme on Registration and Examination of Industrial Designs and Patents, in September 2019 
in Kingdom of Bahrain.  
345.  Arbitration in the field of IP issues wa s also one of the areas of focus of the GCC technical 
cooperation activities. A conference took place, in November 2018 in  the State of  Kuwait, in 
cooperation with WIPO, Kuwait Arbitration Centre and GCC IP Training Centre (IPTC). The objective 
was to share opinions and making recommendations for appropriate solutions through arbitration 
aimed at settling disputes in all IP fields. Another activity was conducted for  the benefit of GCC 
arbitrators and IP experts on "Industrial Property of Judicial Authority ", held in France during 
September 2019, in cooperation with the French National Institute of Industrial Property.  
346.  As far as trade counterfeit goods, a workshop was  held in Viet Nam  on April 2019 for the 
benefit of Specialists from the GCC Members  and in Cooperation with the United States Patent and 
Trademark Office (USPTO) to discuss several aspects of IP rights protection such as enforcement 
mechanisms and other to ols to combat trade in counterfeit goods.  
347.  The GCC technical cooperation and capacity building programmes has included also other IP 
issues such as enforcement of IP laws and IP crimes. During September  2019, GCC IP officials 
participated in an important ev ent organized in Indonesia in cooperation with the USPTO on the 
issue of IP rights enforcement at border. Also, an annual conference took place in  the State of  Kuwait 
on April  2019 in cooperation with IP Rights Centre and with the participation of Lawyers and patent 
attorneys. The conference was an opportunity to address various IP subjects in light of GCC IP 
Common laws, in addition to criminal protection of trademarks between national laws and 
international conventions.  
348.  Having in mind the WTO work program me on e-commerce and its relations with the 
TRIPS  Agreement and the IP rights, the GCC has organized a workshop in Oman during September 
2019 with the support of the WTO and the participation of GCC government officials, representatives 
from Telecom regula tory authorities as well as from Chambers of commerce and industry. The 
Workshop has given the opportunity for the participants to discuss many complex issues of 
e-commerce when it comes to intellectual property rights as well as the relation between 
e-commerce and the TRIPS Agreement. In this occasion, I would like to highlight the brilliant 
contribution of the WTO experts in this GCC workshop.  
11.12   World Intellectual Property Organization  
349.  The World Intellectual Property Organization is a major provider of technical cooperation 
activities related to the implementation of the TRIPS Agreement. For the reporting period of 
September 2018 to August 2019, WIPO carried out approximately 600 technic al cooperation 
activities. The cooperation covered a wide range of IP fields, including patents, trademarks, 
copyright, industrial designs, and IP enforcement.  
350.  Our needs -driven and tailor -made technical assistance activities focus on three main areas: 
policy and legislative advice, national IP strategies, and IP office business solutions.   
351.  Upon request from Members , WIPO provides legal advice relating to the drafting of new IP 
laws or regulations, the implementation of a new law, regulation or treaty, and n ational compliance 
with international treaty obligations, including advising countries on flexibilities.  
352.  WIPO also assists developing and least developed countries (LDCs) to produce national IP 
strategies to facilitate the effective creation, protection, m anagement, and use of IP.  
353.  In the area of IP office business solutions, WIPO provides business systems for IP offices in 
developing countries and least developed countries (LDCs) to enable them to participate effectively 
in the global IP system.  IP/C/M/93/Add.1  
 
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 354.  Overall, WI PO technical assistance activities contribute to supporting the efforts of Members  
in fulfilling their TRIPS obligations.  
355.  Finally, WIPO reiterates its commitment to continue providing assistance to Members  to 
facilitate the implementation of the TRIPS Agre ement.  
11.13   African Regional Intellectual Property Organization  
356.  Pursuant to its mandate, ARIPO organizes activities and programmes either solely or in 
collaboration with its coop erating partners. These programmes and activities are mainly aimed at 
assisting ARIPO 's Members  in intellectual property matters in order to capacitate them to better use 
the IP system for the benefit of their populations.  
357.  ARIPO circulated earlier a detailed report as per the Secretariat 's request. I will hence not 
delve into details of the report, but I wish to sin gle out some highlights in the awareness creation 
and capacity building.   
358.  For the awareness creation component on Intellectual Property, 2019 was mainly marked by 
activities organized in the framework of a Tripartite Agreement that was signed in 2018  betwe en 
WIPO, ARIPO and OAPI.  These activities include the IP Week programme in Ghana, Kenya and 
Rwanda; a high-level round table on geographical indications; the first  Regional meeting for African 
Heads of Copyright Offices from 45 countries across Africa , and  a conference that will be held in 
November in Harare, Zimbabwe, on IP, Innovation and Value Addition for Business Competitiveness 
in Africa.  
359.  On capacity building, one of the flagship programmes of ARIPO is the master's degree 
programme on intellectual pr operty  that was established 12 years ago. Through this programme 
324 participants from 26 African countries were graduated. After launching a similar programme in 
Ghana in 2018 , the Organization launched in 2019  a new programme in Tanzania in collaboration  
with the University of Dar es Salam.  
360.  Other activities that were undertaken in collaboration with our cooperating partners include: 
a workshop on patent drafting; a regional meeting on the development of Technology and Innovation 
Support Centres ( TISCs) n etwork; training on intellectual property enforcement for judicial 
instructors;  publication of a Model Law on Copyright and Related Rights; and a Regional Seminar for 
ARIPO Members  on the TRIPS flexibilities and access to medicines  that will take place fro m 28 and 
29 October 2019 in Harare, Zimbabwe .  
361.  Finally, this delegation wants to thank once again the Secretariat for having associated ARIPO 
and its Members  in the Workshop on the Implementation of TRIPS Article  66.2 : Incentives for 
Technology Transfer, that was held earlier 2019 and express the wish that the Secretariat will 
continue organizing similar events as they are a good platform for expressing priorities in technology 
transfer especially for LDCs.   
11.14   United Nat ions Conference on Trade and Development  
362.  The UNCTAD Secretariat, through its Intellectual Property (IP) Unit, located within the Division 
on Investment and Enterprise, implem ents a work programme on the development dimensions of 
IP rights. The work programme is designed to respond to the mandate received from Members  at 
the Ministerial Conference in Nairobi of July 2016, as well as to intergovernmental requests under 
the WIPO Development Agenda and the World Health Assembly 's Resolution 61.21 on a Global 
Strategy and Plan of Action on Public Health, Innovation and Intellectual Property. It is partially 
funded by donor governments and institutions. Currently, the work programme targets:  
• IP rights, policy coherence and local pharmaceutical production and supply. UNCTAD was 
requested by its Commission on Investment, Technology and Related Financial Issues of 
2005 to assess ways in which developing countries can develop their domest ic productive 
capability in the supply of essential drugs in cooperation with pharmaceutical companies.1 
                                                
1 See at http://www.unctad.org/en/docs/c2l22_en.pdf  (paragraph 9 (c) of the Agreed  
Recommendations).  IP/C/M/93/Add.1  
 
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 In the pursuit of this mandate, UNCTAD implements a work programme on local 
pharmaceutical production, with a view to assisting developing countries an d least  developed 
countries (LDCs) in particular, to utilise IP rights as tools that facilitate increased access to 
affordable medicines, and, where feasible, to promote domestic and foreign investment to 
create local or regional pharmaceutical production and supply capacities. Currently, the work 
programme focuses on the role of local production and supply management to address 
vaccines and antimicrobial resistance (AMR).  
• IP rights, technology partnerships and regional economic integration. UNCTAD implements 
a programme on IP and technology partnerships, with the financial support from BMZ. The 
programme focuses on IP rights and regional economic integration. It also includ es capacity 
building on technology transactions including voluntary IP licensing and research and 
development (R&D) cooperation for industrial development ; 
• IP rights for participation in the digital economy and e -commerce. In the context of a broader 
work programme on e -commerce, UNCTAD addresses the interface between IP rights and 
digital economy.  
 
363.  In implementing its work programme, UNCTAD conducts research and policy analysis, 
facilitates consensus -building and responds to requests for technical assista nce for successfully 
integrating developing countries into the world economy. Our submission to the Council for TRIPS 
provides an overview of UNCTAD 's IP and development -related activities from 1 November 2018 to 
20 September 2019.  For more information on UNCTAD 's activities related to IP, please visit the 
website as indicated in our submission. In general terms, UNCTAD works in the following areas.  
Research and policy analysis  
364.  UNCTAD undertakes research and analysis and provides advisory services for deve loping 
countries on trade and development aspects of IP rights. During the reporting period, UNCTAD : 
• Worked together with United Nations Economic Commission for Africa (UNECA) and African 
Union Commission (AUC) for the preparation of the report on "Assessi ng Regional Integration 
in Africa (ARIA IX): Next Steps for the African Continental Free Trade Area (AfCFTA) ". The 
report addresses investment, intellectual property, competition and e -commerce issues, 
among others. The report underscores the opportunity p resented by the AfCFTA to a 
balanced IP rights  system that responds to the aspirations contained  in the continental 
programmes, including Agenda 2063  of the African Union . It recommends a step by step 
approach on cooperation in the field of IP rights, beginning with the issues critical for regional 
trade and value chain integration;  
• UNCTAD also published an analysis of intellectual property rights policies in the digital 
economy, as part of UNCTAD 's Digital Economy report, 2019.  
Consensus -building  
365.  Consensus -building among stakeholders on IP, trade and development is an important element 
of the programme 's work. UNCTAD 's substantive contributions on the analysis of issues related to 
development and IP have enabled it to become an important forum, through its intergovernmental 
machinery, where governments, academia, civil society and the private sector can meet to exchange 
ideas. During the 2019 World Health Assembly,  UNCTAD  signed an "Interagency Statement on 
Promoting Local Production of Medicines and Other Health Technologies " together with the  World 
Health Organization (WHO), the United Nations Industrial Development Organization  (UNIDO), the 
Joint United Nations Programm e on HIV/AIDS (UNAIDS), the United Nations Children 's Fund 
(UNICEF), and the Global Fund  to Fight AIDS, Tuberculosis and Malaria (Global Fund) . 
Technical cooperation  
366.  On a request basis, UNCTAD conducts technical cooperation activities with developing 
count ries in the integrated areas of investment, trade and IP rights.  UNCTAD delivers its technical 
cooperation through:  
• Capacity building programmes for beneficiary countries and regions under donor funded 
projects on IP rights and policy coherence for local p harmaceutical production and access to 
medicines, technology partnerships and regional economic integration, as well as IP rights 
for participation in the digital economy and e -commerce ; IP/C/M/93/Add.1  
 
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 • Advisory reports on the development dimensions of intellectual proper ty (DDIP). The 
objective of a published DDIP report is to provide advice on developing countries ' and LDCs ' 
policy, legal and institutional framework for IP rights, particularly as it relates to important 
development objectives such as innovation, technolo gy, investment, competition, education 
and health. Developing countries specify the key development objectives they wish to 
examine. A DDIP report will take into consideration the socio -economic situation of the 
requesting country, the bilateral, regional and international commitments the target 
countries have entered into and the flexibilities available to them. Based on this analysis, 
the reports incorporate medium to long -term recommendations on how governments and 
other stakeholders could make these fra meworks more coherent and transparent, with a 
view to making IP rights contribute to a country 's sustainable economic and human 
development goals and respond to emerging global opportunities;  and 
• Finally, we also provide technical cooperation through ad ho c studies on IP and development 
issues as requested by developing countr ies. 
Cooperation with other providers of IP -related technical assistance.  
367.  UNCTAD partners with major technical assistance providers on IP rights and development.  
During the reporting period, UNCTAD inter alia  partnered with the United Nations Development 
Programme (UNDP), WHO, WIPO, and the WTO.  Staff of UNCTAD 's IP Unit frequently participate in 
capacity -building workshops on IP and development issues organized by  other providers of IP -
related technical assistance. For instance, UNCTAD was invited by WIPO and WTO to contribute to 
the 2019 WIPO -WTO Advanced Course on IP for government officials in March 2019.  
11.15   World Customs Organization  
368.  The IPR, health and safety programme of the WCO maintains its decision to protect consumer 
health and safety, and continues to combat counterfeiting and piracy through  a variety of activities.  
369.  The WCO 's main activity is to raise awareness about customs work in other international 
organizations as well as promoting capacity building activities for our Member  administrations. The 
capacity building consists of two factors; a training through workshops, edu cation and a training 
through operational activities.  I am going to introduce workshops, operations as the WCO activities 
for IPR border enforcement.  
370.  The WCO delivers various capacity building activities, mainly in the form of legislative training,  
documen ts for importation training to find suspected counterfeit goods and identification training to 
distinguish counterfeits with private sector cooperation .  
371.  The WCO also performs diagnostic missions. In the diagnostic missions, the WCO experts visit 
the Membe r country and assess the customs administrations capabilities in the domain of combatting 
counterfeits. The evaluation of diagnostic missions includes both the legal base and practical and 
procedural arrangements, and leads to a recommendation from the WCO. The detailed list of 
workshops the WCO implemen ted after the last report to the TRIPS Council is attached in the annex 
1 of the document, IP/C/W/654/Add.2.  
372.  The WCO organizes simultaneous enforcement activities with multiple customs 
administrations. These operations are aimed at knowing the scale of glo bal counterfeiting as well as 
providing participating customs officers with hands -on experience. Operations, which quantity and 
qualify the impact of counterfeit activities, can also serve as an excellent opportunity to strengthen 
customs ' enforcement capa city.  
373.  Between October 2018 and September 2019, the WCO, in partnership with Interpol and 
Europol and health authorities, co -organized a large -scale operation, the global operation PANGEA 
which is against pharmaceutical products sold online. Th is result ed in 859 arrests worldwide and the 
seizure of USD 14 million worth of potentially dangerous pharmaceuticals. It involved customs, police 
and health authorities from a record 116 countries.  The impact of such a substantial level of 
interventions around the wo rld sends a strong message both to offenders and the general public.  IP/C/M/93/Add.1  
 
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 374.  Last, I would like to mention our annual counterfeit and piracy group meeting.  The meeting 
provides a forum for customs, other international organisations and private sectors to exchange 
information, experience and best practices on combatting counterfeiting and piracy . 
375.   I would like to thank the WTO Secretariat for participating in the previous meeting.  
376.  At its 16 th meeting from 30 September to 1 October 2019, Member s explored the challeng es 
posed by the internet and cyber investigations, e -commerce, small consignments, and food and 
plant varieties related IP rights were discussed. During the meeting, Member s also shared their 
experiences and exchanged practices on fighting counterfeits.  
12  AN INCLUSIVE APPROACH TO TRANSPARENCY AND NOTIFICATION REQUIRE MENTS  
12.1  South Africa  
377.  I have the honour of introducing this item on behalf of the co -sponsors of document 
JOB/IP/33/Rev.2 which include the African Group, Cuba, India and Oman.  
378.  Transparency remains an important issue within the operation and monitoring function of the 
WTO. The issue of compliance with notification obligations has been contentious. Developing 
countries often struggle to comply with onerous ob ligations, while in many instances, developed 
countr y Memb ers also do not comply with their notification requirements or do so selectively.  
379.  In general, it can be said that the capacity of developing countries to comply with notification 
obligations is ine xtricably linked with their level of economic development and access to resources. 
The capacity and resource constraints that developing countries face cannot be underestimated. 
Notifications require a deep understanding of the entire range of WTO Agreemen ts, mature 
institutional mechanisms and human resource capacities that are often lacking in developing 
countries. Any work in this area should be on supporting and incentivizing developing countries to 
address these difficulties, especially as it relates t o transparency obligations.  
380.  The capacity and resource constraints that developing countries face are well documented. 
Under these circumstances, it is natural for Members  to reserve economic resources for the most 
urgent and pressing matters. In so far as  obligations undertaken under the Marrakesh Agreement 
and its annexes are concerned, there is no doubt that treaty obligations must be performed in good 
faith. Having said this, it is clear that the obligation to comply is not blind to the situation that a  
particular Member  or groups of Member s may find themselves in.  
381.  There was already discussion on this issue in 1996 in the Working Group on Notification 
Obligations and Procedures. In those discussions, "some developing country participants pointed out 
that in view of the ever -increasing workload, combined with limited resources in the small 
delegations, they had great difficulty in advising their governments on all aspects of the notifications 
required. Many developing countries had difficulty understandin g the frequently complex and highly 
technical information demanded, and therefore faced a prohibitive task in providing complete 
responses to the notification requirements and formats. While they recognized that these 
notifications were part of their Membe rship obligations and they were prepared to respond to the 
maximum of their abilities, there were serious constraints to what they could achieve due to their 
limited resources. " 
382.  This proposal deals not only with general issues of transparency but also focu ses on specific 
TRIPS related issues.  
383.  TRIPS Article 66.2 requires developed country Member s to provide incentives to enterprises 
and institutions in their territories for the purpose of promoting and encouraging technology transfer 
to least  developed  country Member s in order to enable the creation of a sound and viable technology 
base.  
384.  Developed countr y Member s have a positive legal obligation to provide incentives to 
enterprises and institutions in their territories to promote and encourage technology tr ansfer to least  
developed countries (LDCs). For the longest time, LDCs have demanded that this requirement be IP/C/M/93/Add.1  
 
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 made more effective. Pursuant to the Doha Ministerial Conference, the TRIPS Council has put in 
place a monitoring mechanism, however this mechanis m does not evaluate whether developed 
countr y Member s are compliant with their obligations under Article 66.2.  
385.  The obligation articulated in TRIPS Article 66.2 is not only mandatory but also continuous since 
no time limit has been set for the termination of this obligation. The record of compliance by 
developed countries is abysmal since information submitted under TRIPS Article 66.2 is so 
wide-ranging that in most cases it is not possible to distinguish where the information applies to 
developing countrie s in general or only to LDCs.  
386.  Information provided in this context in no way targets LDCs. In order to enhance Member s' 
understanding of Article 66 .2 it may be necessary to agree on a definition of what constitutes 
'technology transfer ', whereas the lack of a common understanding of the type of incentive required 
for promoting and encouraging technology transfer to LDC Member s may further clarify developed 
country Member s' understanding of the TRIPS Article 66.2 obligation. More transparency in this area 
would be supportive of LDCs ' efforts to build a viable technological base.  
387.  On disclosure of origin of biological resources and/or associated traditional knowledge in patent 
applications, paragraph 39 of the Ministerial Declaration of 18 December 2005 requires that WTO 
Member s agree to amend the TRIPS Agreement to establish an obligation for Member s to require 
patent applications to disclose the origin of biological resources and/or associat ed traditional 
knowledge, including prior informed consent (PIC) and access to benefit sharing (ABS).  
388.  Despite a long discussion in the TRIPS Council in Special Session, no outcome has been 
produced on an implementation issue. Non -disclosure of such resour ces severely effects developing 
countries ' efforts at improving substantive examinations and in assuring the integrity of 
determinations under traditional intellectual property legal requirements, in providing greater 
certainty as to the validity of grante d rights or privileges. Traditional communities are severely 
affected by unlawful appropriation of biological resources and/or associated traditional knowledge. 
It would be useful to require WTO Member s to make annual notifications on the number of patent 
applications based on traditional knowledge.  
12.2  India  
389.  We believe that transparency is an important pillar for the effective functioning of the WTO. 
As enumerated in the paper, LDCs and developing countries have genuine capacity con straints in 
terms of institutional requirements and human resources to fulfil the onerous notification obligations. 
Delays in notifying cannot be attributed to wilful non-compliance. Therefore, instead of punitive 
measures, we need to adopt an inclusive ap proach to incentivize the participation of LDCs and 
developing countries for complying with notification obligations. The other aspect which we need to 
consider is that transparency permeates all areas of our work in the WTO including processes of 
decision  making in the organi zation and the ministerial conferences. It should, therefore, be applied 
to our work including priorities in negotiations and deliberations in the various regular bodies. We 
also need to ensure that the processes are transparent, inclu sive and provide opportunity for 
participation of all Member s.  
390.  Notification obligations cannot be seen in isolation only for certain areas related to goods. They 
should be applied holistically to all Agreements under the WTO. There are significant notific ation 
gaps which have been listed in the paper, in areas such as agriculture, services and TRIPS, where 
transparency needs to be strengthened. Our efforts should be to create a suitable ecosystem to 
strengthen the capacity of Member s by providing technical  assistance, simplification of notification 
requirements and reducing the administrative and technical burden for delegations who do not have 
the resources and capacity.  
391.  Lastly, we again wish to reiterate that any approach suggesting a resort to counter 
notifications, additional obligations and punitive measures will only deepen the divide amongst 
Member s and we should rather focus on engaging in an inclusive and constructive approach to 
strengthen our work in this area.  IP/C/M/93/Add.1  
 
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 12.3  European Union  
392.  The E uropean Union appreciates this contribution , that was just presented by South Africa,  to 
the important debate about how to improve transparency in general and compliance with our 
notification obligations in particular. Building on the extensive discussion at the last Council for Trade 
in Goods, let me share some observations.  
393.  The EU agrees  with the African Group, Cuba and India that notifications are not the only aspect 
of transparency. We also recognise that notification task is resource -intensive and can be 
challenging, particularly for small developing countries.  
394.  Notifications are, howe ver, the enabler of the WTO 's monitoring function. Without Members 
providing the information about our trade policies to the WTO which we all committed to provide, 
we cannot expect the WTO to do its job properly. The n otification task, in our own experienc e, is 
also capacity building in and of itself, as it strengthens inter -agency cooperation.  
395.  In any case, our suggestion was to move the debate from the meta -level into the respective 
committees and councils with the relevant expertise.  
396.  Furthermore, the EU  is in no way opposed to deepening the discussions on notifications in the 
relevant other bodies – to the contrary, we look forward to engaging with all Members on these 
issues.  
397.  In order to reply to the document submitted by South Africa and the African G roup, introduce d 
by our excellent colleague from South Africa , I would like to add something. EU actions usually do 
not target groups of countries or regions. The reason is because the EU supports regional integration. 
That fosters better understanding and political and econom ic links between neighbouring countries. 
That is w hy many technology transfer programmes of the EU and its member States target regions 
including both LDCs and also other developing countries. So that is the reason why  we do not 
subscr ibe to the point of view made by South Africa , saying that the record of compliance  by 
developed countr y Member s is "abysmal " since information submitted under Article 66.2 is so wide. 
Actually, there is a reason behind  it.  
398.  We look forward to working with  all Members on making tangible improvements to our 
collective notification compliance and enhancing transparency for the benefit of all.  
12.4  China  
399.  China appreciates the efforts made by the African Group, Cuba, India and Oman for submitting 
this document.  
400.  As reflected in the document, the capacity constraints of developing Member s, especially LDCs, 
should be fully considered. The concerns and proposals related to TRIPS given in the document are 
worth deep discussion. In this regard , we encourage direct dialogues among Member s so that the 
difficulties of developing Member s could be better understood and addressed.  
401.  For China, we share the concerns of other developing Member s, and at the same time, as 
many other developing Member s, we always try our best to fulfil the notification requirements.  
402.  For developed  country  Member s, as the document shows, they are far from fully implementing 
their notification obligations. So, here, I would like to reiterate that, to enhance transparency and 
strengthen notifications, developed country Member s should take the lead and developing ones 
should also endeavour  to do so at their best.  
12.5  Brazil  
403.  Brazil appreciates the contribution by the African Group, Cuba, India and Oman. We also thank 
the statement made by the EU.  IP/C/M/93/Add.1  
 
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 404.  Brazil is in favour  of enhancing transparency and strengthening notifications in the WTO. We 
are ready to engage in discussions to explore alternative ways to address the issue and ensure a 
good combination of incen tives for enhanced transparency, which should permeate all areas of the 
WTO.  
405.  As an example, this  current  week in the General Council, Brazil joined the United States in a 
statement for more transparency in the dispute settlement system. As noted in the sta tement, 
greater transparency can be promoted in different ways, all of them consistent with existing rules.  
12.6  Japan  
406.  This delegation thanks the proponents for the useful communication that raised in particular 
developing and LDC Members' concerns. On the other hand, we re -emphasi ze that notification is an 
obligation which is embedded in the WTO Agreement. All Member s made a commitment to comply 
with that obligation when they became Member s. 
407.  In addition, the same subject has been dis cussed at the WTO General Council . This subject 
includes several issues which do not fall within the ambit of the TRIPS Agreement . This delegation 
believes the WTO General Council is the more appropriate forum for holding discussion s on this 
subject.  
408.  As Japan stated in agenda  item 10, Japan understands that incentives to enable technology to 
be transferred include a variety of measures such as financial support and business environment 
support, because one of the main obstacles for en terprises and institutions in developed countries 
to transfer technologies to LDCs is the lack or insufficiency of the business environment in LDCs. 
Furthermore, improving the business environment helps create incentives that are stable and 
self-sustainabl e, which is especially important considering that technology transfer often takes time.  
409.  This delegation would like to point out that Ministerial Declaration paragraph 39 adopted on 
18 December 2005 just confirmed to address the issue related to the relati onship between the 
TRIPS  Agreement and the Convention on Biological Diversity. Therefore, we have recognized that 
there was nothing committed to impose  a disclosure requirement on patent applicants in that 
conference.  
12.7  South Africa  
410.  Having introduced this particular item , I would like to thank all delegations that took the floor. 
I think many constructive interventions have been made. This particular paper evidences the fact 
that all Members of the WTO have obligations to co mply with the treaty undertaking which is clearly 
evidenced under the covered agreements. We recognize the international principle of pacta sunt 
servanda  which means that when we enter into contracts or obligations that we should own them. 
This does not me an in the context of the WTO that we cannot differentiate between Members that 
are clearly in different situations. We believe that good faith implementation of obligations means 
that when Members require additional flexibility that this should be accorded . In 148 instances across 
the covered agreements , we have indicated that developing Members have access to these particular 
flexibilities.  
411.  This paper goes in the direction to recognize that there are common and shared obligations to 
ensure the proper func tioning of this Organization. Nonetheless, there are issues that we need to 
address. For this purpose, as announced in Japan's intervention, we intend to introduce a draft 
decision at the level of the General Council at the next meeting calling for certain  measures to be 
implemented under the heading of transparency. We would also like to thank India, China and the 
European Union for their interventions and we certainly think that this is a topic worth pursuing on 
something that is necessary for us to ensur e the proper functioning of this Organization including 
this particular body.  IP/C/M/93/Add.1  
 
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 13  INTELLECTUAL PROPERT Y AND INNOVATION: PU BLIC -PRIVATE COLLABO RATIONS IN 
INNOVATION - IP COMM ERCIALIZATION  
13.1  Switzerland  
412.  Switzerland is pleased to propose this agenda item on Intellectual Property and Innovation 
and co -sponsor submission document IP/C/W/657 in partnership with Australia; Canada; Chile; the 
European Union, Hong Kong, China; Japan; Singapore; the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu; and the United States of America.  
413.  Protection of intellectual property is not an end in itself. It shall promote inventions and 
creativity. But inventions by and on their own are  of not much use, either. Inventions, and innovation 
more broadly, must reach the potential beneficiaries, the users, the customers, the patients, and 
respond to their needs. Only then is innovation in the public interest and can contribute meaningfully 
to technological and economic development. The commercialization of intellectual property is thus 
key, but poses often also a considerable challenge to inventors and creators.  
414.  Public -private  collaboration can be one way of addressing this challenge in a suc cessful 
partnership. This is the topic of document IP/C/W/657 and of the discussion suggested under agenda 
item 13, for which the co -sponsors propose at the end of their submission a number of questions 
which may help to guide the Council 's discussion.  
415.  Switzerland would like to contribute by sharing some of its own experience concerning 
public -private collaboration and IP -commercialization.  
416.  The Chair  and me, and probably most delegates in th e room, spend a good deal of their 
professional life in seated po sition. Unfortunately, nature had not intended us to do so and reminds 
us of this regularly - with backpain!  
417.  Almost one out of five patients going to hospital in Switzerland suffers from a musculoskeletal 
disorder (or in short: MSD)2. MSDs are among the l eading causes of work disability and productivity 
loss. According to a study on the economic impact of MSDs, the total cost attributable to MSDs in 
Europe amounts to almost 2% of the gross domestic product (GDP)3. MSDs therefore have a 
significant socio -economic impact. In the following, we will explain how IP is an important piece in 
the puzzle of public -private partnerships for the development and commercialization of new 
therapeutic technologies to treat and heal MSDs.  
418.  Commercializing academic innovatio ns in the medical and med -tech field is often a challenge. 
The reason why IP commercialization does not take off, lies sometimes with those doing research at 
universities. They often tend to focus on their academic career rather than investing the time and  
resources necessary for exploiting the commercial potential of their research. Not knowing how to 
go about this and lacking the necessary network of expert partners, are other reasons why they 
often shy away from the financial risk of a business venture. Lack of awareness of the IP system, 
and how to take advantage of it to promote their own research and development (R&D) is another 
reason. Careless disclosure of valuable information, for instance in publications or presentations, 
might make them miss out on later opportunities to commercialize their IP. Fortunately, a growing 
number of universities and medical technology teaching institutions establish technology transfer 
offices and incubators that support academics in developing and transferring their ba sic research to 
the stage of applied research, and support them in teaming up with knowledgeable partners from 
the private sector to reach the stage of commercializing their innovation.  
419.  In the following, we would like to present an example of such a succe ssful cooperation in the 
health care sector, more specifically: in the treatment of MSDs. Innovation is vital to the health care 
industry. And governments face rising healthcare costs and increasing demand for new and more 
effective medicines. There are th us shared concerns and interests. For their partnership to function 
smoothly, IP plays an indispensable role.  
                                                
2 State Secretariat for Education, Research and Innovation SERI , Swiss Roadmap for Research 
Infrastructures in view of the ERI Dispatch 2021 -2024, 2019.  
3 Bevan S. , Economic impact of musculoskeletal disorders (MSDs) on work in Europe , 2015. IP/C/M/93/Add.1  
 
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 420.  Public and private actors in innovation greatly value having access to collaborative research 
infrastructures. Medical trials, for instance, invo lve cooperation with hospitals. For innovation to 
happen in the complex field of medical technology, cross -disciplinary teams are often required. 
Innovative diagnostic instruments, for example, regularly feature elements from a number of fields 
of expertis e like genetics, chemistry, software and engineering. The challenge is to find the right 
partners, including appropriate commercialization partners, within suitable research infrastructures. 
Careful planning is necessary if limited funds are to be used as efficiently as possible.  
421.  An example where such interdisciplinary partnerships work together, to research, produce and 
commercialize innovation in the medtech area, is the Balgrist Campus , which is closely associated 
and directly located next to the Balgri st University hospital in the city of Zurich. The Campus is an 
initiative of two foundations dedicated to creating an optimal infrastructure. It is not merely an 
infrastructure to optimize research for the purposes of the University hospital; the Balgrist Campus  
has also established a Swiss platform for nationwide research, development, and commercialization 
to resolve problems such as the high number of patients suffering from MSDs. The aim is to connect 
universities and academics with partners from the pr ivate sector. Many other hospitals have also 
dispatched expert staff to the Campus on a temporary basis. Collaborations exist with several private 
industry partners who seek to implement the knowledge gained into viable commercial solutions and 
marketable products. These partnerships enable companies to gain access to the latest research 
knowledge and open up new business relationships to the researchers. By establishing cross -licenses 
between each other, they develop and share their work and the IPRs attac hed to it. Once 
commercialized, IPRs enable involved parties to reap and share equitably the economic benefits 
from their collaboration. Without sound protection of the created IP, companies would not be willing 
to take the risk of commercializing an inven tion, nor would they probably receive the necessary 
financing. Strong IP portfolios make the Balgrist Campus  an attractive partner to potential sponsors 
from industry and leading researchers, and academics from universities elsewhere in Switzerland or 
abroad. 
422.  The Campus additionally invests in promising start -ups. These start -ups benefit from the 
public -private funded infrastructure, the collaboration with public hospitals and private corporate 
entities. At the same time, they are considered as a fundamenta l link between the researchers and 
industries. From ideas to basic research, to applied research and to market ready solutions: they 
can all be carried out under the same roof. This strategy has so far been very fruitful.  
423.  One of the successful start -ups b ased on the campus is called "ZuriMED ", which produces 
devices for ligament reconstruction. Such devices are applied, for instance, to swiftly restore the 
function of the knee after an injury, allowing MSD patients to recover faster.  
424.  "The Balgrist Campus  is a perfect incubator for translational medicine ", says CEO Elias 
Bachmann, referring here to the interdisciplinary branch of the biomedical research and development 
field. The goal of translational medicine is to combine disciplines, resources, expertise , and 
techniques from different domains to promote enhancements in prevention, diagnosis, and 
therapies. Bachmann emphasizes that without the infrastructure and the teamwork through public 
and private partners at the Balgrist Campus , commercial success wou ld not have been possible. He 
underlines the importance of IPRs, not only as a prerequisite for commercial success, but also as a 
means to promote a good reputation and attract potential investors.  
425.  Steven Johnson, a science author and media theorist, once said: "If you look at history, 
innovation does not come just from giving people incentives; it comes from creating environments 
where their ideas can connect. "  
426.  IPRs help public -private partnerships to commercialize great inventions. Such team work 
between public and private partners offers synergetic and competitive advantages such as access to 
technology and infrastructure, collaboration on scientific expertise, innovative development and, not 
least, the joint commercial exploitation of the resulti ng intellectual property.  
13.2  United States of America  
427.  The United States is pleased to co -sponsor this agenda item and contribute to the discussion 
of "Public -Private Collaborations in I nnovation - IP Commercialization. " IP/C/M/93/Add.1  
 
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 428.  I would like to thank Australia; Canada; Chile; Chinese Taipei; the European Union; Hong 
Kong, China; Japan; Republic of Korea; Singapore; and Switzerland for co -sponsoring this  agenda  
item.  
429.  I would also like to take the  opportunity to invite Member s and the Secretariat to the annual 
IP and Innovation side event sponsored by Japan, Switzerland and the United States.  The 2019  side 
event focuses on the year -long theme discussed in TRIPS Council concerning Public -Private 
Collaborations in Innovation.  We have a diverse panel for the side event that will discuss experiences 
concerning R&D partnerships, brand promotion, support for the creative industries and IP 
commercialization.  For further reference, there are flyers with the  schedule of the event in the back 
of the room.  I hope to see you there at 1:00 pm in Room E and an "innovative " lunch will be provided.   
430.  In general, the experience of the United States with public -private collaborations in innovation 
arises in the context  of an economy in which private firms operate without substantial Government 
intervention.  In the United States, innovation and development are the result of competition in the 
marketplace, without heavy state direction.  One useful function of public -private collaborations is to 
help address the space that markets on their own cannot fill.  
431.  For the next few minutes, I would like to talk briefly about the importance the United States 
places on research and development to solve today 's challenges and improve l ives, as well as the 
funding mechanisms and legal framework that facilitate innovation and technology 
commercialization for the benefit of the public.  
432.  The United States Government spends about USD 150 billion annually for R&D activities.  
433.  The federal R&D b udget covers both research conducted by federal agencies or their 
contractors in government -owned facilities, and research conducted by universities and other 
contractors under funding agreements.  
434.  The Government itself conducts over USD 50 billion of R&D. Eleven (11) federal agencies have 
substantial R&D facilities, or "federal laboratories ". Each of the 310 or so federal laboratories has a 
specified mission, which addresses the needs of different users, and pursues the development of 
different technologies and products.  
435.  About 50% of academic research in the United States is funded by the federal government. 
That corresponds to over USD 30 billion of federal research funding awarded to the higher education 
sector.  
436.  The federal R&D investments are critical for US innovation, competitiveness and economic 
prosperity.  
437.  The American innovation framework involves partnering with the private sector to further 
develop early stage inventions arising from federal investment in  science and technology and 
bringing them to the marketplace.  
438.  However, in the absence of strong intellectual property (IP) protection, investment in 
early-stage inventions would be too risky for businesses and most of these inventions would never 
see the light of day.  
439.  Thus, patenting of inventions is critically important for licensing, securing investment and 
forming partnerships that lead to the commercialization of inventions.  
440.  I would  like to talk briefly about two very important pieces of legislation, both passed by 
Congress in 1980, that facilitated transfer and commercialization of technologies developed with 
federal funding.  
441.  The first major US technology transfer law, the Stevenson -Wydler Act of 1980, established 
technology transfer as a federal pol icy.  IP/C/M/93/Add.1  
 
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 442.  It required federal laboratories to set up formal technology transfer programmes and to 
actively seek opportunities to transfer technology to industry, universities, and state and local 
governments.   
443.  The Federal Technology Transfer Act of 1986, which  amended the Stevenson -Wydler Act, 
created a collaborative mechanism to encourage federal agencies and laboratories to work with 
non-federal entities, such as universities, foundations and private companies, on joint research and 
development.  
444.  Under a Coope rative Research and Development Agreement, or CRADA, a federal laboratory 
may provide personnel, services, facilities, intellectual property, equipment and other resources, but 
no funds, to the joint R&D effort.  A non -federal party may provide funds, in ad dition to personnel, 
services, facilities, equipment, IP and other resources.  
445.  A CRADA defines the tasks to be undertaken within an area of collaboration and the allocation 
of IP rights resulting from such cooperation. The laboratory may grant to a collabor ating party patent 
licenses or assignments, or options thereto, in any invention made under the agreement.  The federal 
government always retains a non -exclusive, royalty -free license to practice the invention or have 
the invention practiced throughout the world by or on behalf of the government (the so -called 
"government use " license).  
446.  Let me give you a few examples (and there are many more!) of technologies developed in 
federal laboratories that found their way to the market because of public -private partn erships.  
447.  The camera in every cell phone runs on a sensor originally developed at the National 
Aeronautics and Space Administration (NASA) Jet Propulsion Laboratory in the 1990s. These digital 
image sensors were significantly smaller and more efficient tha n the technology of the day and 
eventually enabled tiny, battery -friendly cell phone cameras, high -definition video cameras -such as 
GoPro -and social media as we know it today. It took nearly two decades for the technology to achieve 
its dominance in the fi eld of digital imaging. By 2015, the market for these sensors reached nearly 
USD 10 billion.  
448.  Another example is an earpiece system (ACCES) developed by the Air Force Research 
Laboratory and Westone, a hearing protection technology company, through a CRADA.  ACCES 
includes a silicone custom -moulded earpiece that joins with a speaker cable to deliver audio to the 
user at very high altitudes and detaches easily if the pilot needs to eject. It reduces risk of hearing 
loss due to extreme noise, increases pilots ' ability to communicate with others during flight, and 
reduces risk of injury if they eject from the aircraft while wearing this earpiece. Although the Air 
Force remains the dominant purchaser of ACCES, Westone also markets the product to other 
branches of the military, law enforcement, and the commercial space industry.  
449.  Of course,  there are many success stories of technologies invented in federal laboratories and 
commercialized by private industry partners. But let 's turn now to federally -funded research 
performed at universities. As I mentioned earlier, universities perform over USD 30 billion of publicly -
funded research annually.  
450.  In the United States, technology transfer from universities to the private sector is made 
possible in large part by legislation commonly known as the Bayh -Dole Act.  
451.   In fact, at the time the Bayh -Dole Act was enacted in 1980, the federal government held title 
to approximately 28,000 patents, fewer than 5 % of which were licensed to industry for development 
of commercial products.   
452.  Companies were reluctant to invest in developing new products and markets, since competitors 
could later acquire the same licenses from the Government and then manufacture and sell the same 
products. This meant that American taxpayers were not getting the f ull benefit from the billions of 
dollars invested in cutting -edge research.  IP/C/M/93/Add.1  
 
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 453.  The Bayh -Dole Act created for the first time a uniform patent policy for government -funded 
research. It allowed universities and other recipients of federal funding to retain titl e to their 
government -funded inventions and grant exclusive licenses.  
454.  As a result of this policy, universities are encouraged to collaborate with industry to translate 
research results into products that benefit the public.  
455.  Robust university research, co upled with the enabling legal environment created by the 
Bayh-Dole Act, spawned entire new industries in the United States, such as biotechnology, where 
the United States continues to have a leadership role.  
456.  Since the enactment of the Bayh -Dole Act in 198 0, over 200 drugs and vaccines have been 
developed through public -private partnerships, more than 11,000 start -ups have formed based on 
the results of university research, millions of jobs have been supported and hundreds of billions of 
dollars have been c ontributed to US gross domestic product.  
457.  Let me give you an example of successful collaborations between federal agencies, universities 
and private industry.  
458.  Melanoma, the most dangerous form of skin cancer, is caused by uncontrolled growth in 
pigment -producing skin cells. Highly curable in the early stages, it often spreads to other parts of 
the body, making treatment more difficult. In the late stages of metastatic melanoma, the average 
survival rate is just six months. In 1995, James Allison, a professo r at the University of California, 
Berkeley, discovered ways to activate the immune system to unleash a robust antitumor response. 
Dr. Allison transformed the field of immunology and achieved clinical success by performing basic 
research on T -cells. This b asic research was funded, at least partially, by federal dollars, through 
National Institutes of Health (NIH), and later, by private funding.  It took many years and a number 
of private industry partners to translate Dr Allison 's discovery into a life -saving medicine. In 
March  2011, the immunotherapy treatment for melanoma was approved by the U.S. Food and Drug 
Administration, and it is now being tested for the treatment of other cancers. Dr Allison shared a 
Nobel Prize in Medicine in 2018 for his discovery on how to fight cancer using the body 's immune 
system.  
459.  Federally funded university research also ignited the innovative engines of Qualcomm, 
Symantec and Netscape, among many other companies.  
460.  The United States ' experience with public -private collaborations  in innovation has been a 
positive one.  
461.  Important legislation such as the Bayh -Dole Act, the Stevenson -Wydler Act and the Federal 
Technology Transfer Act, created a policy and legal framework that encourages, facilitates and 
promotes public -private partne rships and the transfer of technology developed with public funding 
or in federal research institutions to private industry for further development and commercialization.  
462.  It is important to keep in mind the main objective of this framework - public benefit  in the 
form of new products and technologies, jobs and local economic development. We are proud of our 
achievements and happy to share our experience with others.  
463.  We look forward to hearing from other Member s on this topic.  
13.3  Chinese Taipei  
464.  A nation 's competitive edge and economic development depend on the establishment of a 
national innovation system, which can facilitate more efficient production, faster accumulation, and 
broader p roliferation of knowledge. Generally, universities and research institutes have a large 
number of innovation and R&D talents. However, they do not necessarily have commercialization 
resources and experiences. On the other hand, the industrial sector has th e ability to manufacture 
but may lack innovation and R&D talents. Therefore, the research and industrial sectors can 
complement each other through collaboration. Over the past decade, we have been actively IP/C/M/93/Add.1  
 
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 promoting academia -industry R&D collaboration in h opes of bringing about a major improvement in 
our industrial competitiveness.  
465.  Currently, our academia -industry cooperation programmes on IP commercialization include 
the "PIONEER Grants for Frontier Technologies Development by Academia -Industry Cooperation  (the 
Major Alliance Projects), " the "Academia -Industry Technological Alliance Projects (the Minor Alliance 
Projects), " and the "Chinese Taipei Industry Innovation Platform Programme (TIIP). " Each 
programme runs from three to ten years.  
466.  Take the Major Alli ance Projects for instance, it is led by the industry sector to encourage 
domestic corporations to form alliances and submit R&D proposals. The programme also promotes 
cooperation between corporations and universities and research institutes to jointly eng age in the 
R&D of innovative technologies so as to narrow the industry -academia gap, strengthen key patent 
portfolios, develop standards or system integration, as well as assist corporations in long -term R&D 
talents cultivation in key technologies and indu stry upgrade. Since its launch in 2013 until 
September  2019, the Major Alliance Projects had drawn 70.6 million USD from the industry investing 
in R&D, with up to 545 patent applications being filed domestically and abroad, as well as nearly 
1,000 job oppo rtunities being created.  
467.  Take the "Project on the Establishment of an Intelligent Platform for Integrating Key Driving 
Modules of New -Generation Vehicles " under the Major Alliance Projects for instance, it is led by eight 
universities and corporations, and  is aimed at developing intelligent motor systems for electric cars. 
So far, the project has successfully developed the globally -competitive, high -quality wafer -thin 
electrical steel sheet, which has been used in the supply chain of world -renowned electric  vehicle 
brands.  
468.  Also, the "Pioneer Next -Generation Mobile Terminal Key Technology Project, " jointly led by 
four universities and corporations, is by far our largest academia -industry project focusing on 5G 
and AI. So far, a total of 69 patent applications  associated with this project have been filed 
domestically and abroad. In addition, for the first time, two universities joined in the project have 
participated in the International Organization for Standardization (ISO) as educational institutes and 
submi tted 55 proposals associated with key technologies.  
469.  IP and innovation are the integral driving forces of economic growth. However, how the 
government may help innovators develop their businesses through comprehensive strategies 
remains an important lesson . We welcome Member s sharing their measures and experiences.  
13.4  European Union  
470.  The E uropean Union is happy to contribute once more to the important debates that have been 
taking place in the TRIP S Council on different aspects of "IPR and Innovation ".  
471.  The IP is most of the time generated from collaborative research. The results of research and 
innovation are, more often than not, protected by IP in order to reimburse costs related to the 
research and development carried out.  
472.  Of course, the right -holder s are then responsible for the level of licensing they grant to third 
parties and the future sharing of benefits if an innovation becomes a product sold on the commercial 
market.  
473.  The IP portfolio is beneficial to all parties and thus also a good developme nt tool for developing 
countries.  
474.  In general, collaborative research agreements are governed by four principles:  
• The parties will mutually notify each other the IP generated and will undertake to protect 
the IP within a period of time;  
• The parties will ex ploit effectively the IP generated;  IP/C/M/93/Add.1  
 
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 • The parties will not exercise any discriminatory treatment; and  
• The parties will protect confidential information.  
475.  The EU has supported partnerships among Universities all over the world for many years.  
476.  During the ongoi ng research and innovation (R&I) Framework Programme, Horizon 2020, the 
Commission has been promoting public -private collaboration for IP commercialization and academic 
entrepreneurship through a dual -pronged approach by fostering seamless approach from Op en 
Science to Open Innovation.  
477.  In fact, for the multiannual financial framework of the EU budget (2021 -2027), we have 
proposed an ambitious €100 billion research and innovation programme, Horizon Europe, that will 
boost the scientific, economic and societa l impact of EU funding and ultimately increase the 
prosperity and well -being of Europeans.  
478.  Innovation is a key driver for the EU to continue delivering prosperity to its citizens and 
meeting challenges of the future. Implementing it requires a systemic, c ross-cutting and 
multifaceted approach. The quest for acceleration of new ideas, products and processes is driving 
Horizon Europe objectives and implementing modalities.  
479.  Horizon Europe builds on lessons learned and on experience gained under the previous 
framework programme. It follows a three -pillar approach addressing fundamental science, global 
challenges and innovation. One of the pillars of the programme is called Innovative Europe that will 
help the EU become the frontrunner in market -creating innova tion. This pillar provides for the launch 
of the European Innovation Council (EIC) that will mainly promote breakthrough and disruptive 
technologies and innovation by serving as a one -stop shop for innovation to help small companies 
to innovate and scale u p.  
480.  Through Horizon Europe the Commission will support Universities to develop i.a. 
entrepreneurship, in particular by fostering the integration of universities in innovation ecosystems, 
and enabling the entrepreneurial aspirations of researchers at all ca reer stages with adequate 
knowledge, skills, and resources, including IPR skills training and support for knowledge transfer 
capacity.  
481.  Horizon Europe also urge beneficiaries to use their best efforts to exploit their results, 
particularly in the European Union. The exploitation of results can also take place through the 
transfer and licensing or results, encouraging public -private uptake and valorisation  of IP for wider 
societal benefits and economic value.  
482.  In addition, to further foster the academia -industry cooperation, the European Commission is 
considering the revision of the 2008 EC Recommendation on the management of intellectual property 
in knowledge transfer activities.  
13.5  Japan  
483.  First of all, the delegation of Japan would like to thank the delegation of Switzerland for 
introducing our concept paper.  
484.  This delegation would like to share our experiences and national policies regarding 
public -private collaboration in innovation in Japan, especially , commercialization of academia 's IP 
collaborating with industry.4 
485.  As the document IP/C/W/657 points out, bringing innovative goods and services to the market 
is often the ultimate goal of research and development (R&D) efforts. From this point of view, we  
would like to show briefly the history regarding tasks of Universities stipulated by Japan 's law. In 
the past, it had been thought that the roles of universities were "education " and "academic research " 
in Japan. In fact, Old School Education Act was pres cribed as such. After that, we started thinking 
                                                
4 The PowerPoint presentation is available in Room Document RD/IP/ 36/Rev.1 . IP/C/M/93/Add.1  
 
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 "Contribution to society " i.e., "Dissemination of research outcomes " was the third task of 
universities. As a sign of its importance, new School Education act stated that "Universities shall 
teach and conduct  researches to realize their aims, and contribute to the development of societies 
by providing the results of such teaching and research to societies. " In addition, other legislations 
which were intended same aim have been enacted.  
486.  Under these circumstance s, Japan has been implementing various initiatives to support 
universities and research institutions, in order to further strengthen academia -industry collaboration 
activities and promote commercialization of research results.  
487.  Since universities have crea ted various new knowledge which could be valuable seeds for 
innovations, the importance of transferring technology among academia -industry collaborations has 
increased worldwide even further. This being done to successfully commercialize valuable intellect ual 
property and knowledge created by universities and research institutions.  
488.  This delegation would like to talk about some of our initiatives.  
489.  This gives an outline of the scheme of "Academia -Industry Collaboration Advisor. " The JPO 
and the INPIT (Nationa l Centre  for Industrial Property Information and Training) send IP experts in 
business development to universities that are advancing academia -industry collaboration in order to 
commercialize their research results. The role of advisors is not only to supp ort IP management of 
projects conducted through academia -industry collaboration but also to facilitate commercialization 
of the research results.  
490.  For example, advisors give advice on how to develop R&D strategies and business strategies 
for projects based  on certain business models, and give scenarios for commercializing products. 
Also, they provide support to formulate commercialization projects and analy se patent information 
and market information in the fields of the projects. In addition, they advise h ow to build a better 
patent portfolio, which is necessary for commercialization of their research results, through 
evaluating advantages of their inventions and supporting patent acquisition.  
491.  At the 22 universities, "academia -industry collaboration adviso rs" have been engaged in the 
commercialization projects so far.  
492.  We would like to introduce a successful support activity. In this case, a university and its 
partner company were collaborating on commercializing a medical device, which they developed 
together. In order to start commercial production, they had to solve several issues. On the business 
level, the partner company did not have enough experience to file an application to the 
Pharmaceuticals and Medical Devices Agency (PMDA), an authorized agency,  to obtain approval for 
manufacturing the device. Also, the company could not find sales channels for the device.  
493.  The Academia -Industry Collaboration Advisor conducted various support activities. Major 
supports include: (1) review the business model; (2) s elect appropriate partner companies for 
manufacturing and selling the device; (3) check the need for a second supplier and select it; (4) 
study effective filing strategies to obtain patents under the Patent Cooperation Treaty; (5) gather 
information on how  to file an application seeking approval for manufacturing and selling medical 
devices and about insurance; and (6) conduct patent clearance searches. Thanks to the advisor 's 
appropriate  advice, the collaboration succeeded in obtaining the insurance for th is medical device.  
494.  In addition to Academia -Industry Collaboration Advisers, in fiscal year 2019, the JPO started 
sending IP -Strategy Designers to universities, who explore outstanding research outcomes and 
manage IP strategies from the viewpoint of resear chers.  
495.  In this project, IP Strategy Designers, who are knowledgeable about and experienced in 
handing "intellectual property " at universities, team up with persons in charge of supporting R&D 
activities, including research administrators (URAs), to share their expertise. This is done to explore 
potential research outcomes that have not been protected by IP rights. IP Strategy De signers 
propose future visions to researchers, which can further develop their research results, such as plans 
for large -scale joint researches and commercialization. Moreover, to achieve future visions that 
researchers hope to accomplish, the Designers fo rge IP strategies from the viewpoint of researchers IP/C/M/93/Add.1  
 
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 by focusing on research results that should be protected by IP rights and determining the timing 
when they should acquire IP rights. By doing so, Designers help researchers create new economic 
value and s ocial value by using their research outcomes and utilizing IP rights.  
496.  This delegation is sure that dissemination of research outcomes to society is one of the 
important tasks for universities. These outcomes would have a possibility for further economic a nd 
social development.  
497.  In order to facilitate commercialization of research outcomes, universities, which do not have 
their own resources to commercialize their knowledge, need to collaborate with companies that have 
the capacity to commercialize the resea rch results. Because of this situation, private sectors also 
have opportunities to create high -value added products. We believe that, if the government can 
promote such collaborative activities, this will contribute to creating innovations and further 
economic growth throughout the country.  
498.  In order for collaborations between companies and academia -industry to be successful, it is 
essential that they effectively protect their intellectual property and obtain enough human resources 
who can manage the  collabo rative activities and IP strategies. The Government of Japan is expected 
to play key roles in this regard.  
499.  Going forward, the Government of Japan is committed to make contributions to further 
promoting innovations.  
500.  This delegation hopes that its informati on helps other delegations create their own domestic 
policies. And this delegation is very much looking forward to hearing many experiences from other 
Member s. 
13.6  Australia  
501.  Australia would like to sin cerely thank Switzerland  for leading this discussion on IP 
commercialization.  We were glad to join the discussion paper as a co -sponsor.  
502.  The Australian Government recogni zes the value of encouraging linkages between companies 
and universities on the one ha nd, and investors on the other.  The Department of Industry, 
Innovation and Science supports collaboration between universities and industry through a number 
of initiatives, including the Cooperative Research Centres Program, the Entrepreneurs Program, and 
the IC Global platform recently developed by the Commonwealth Scientific and Industrial Research 
Organisation , or CSIRO.  
503.  The Cooperative Research Centres Programme supports collaboration by providing competitive 
grants for industry -research partnerships a imed at solving industry -identified problems.  It is a 
proven model for linking researchers with industry to support the transition from  research and 
development to commercialization.  
504.  The Programme comprises two elements:  
• Cooperative Research Centre Grants,  which offer cofounding  for up to ten years for 
industry -led collaborative research, to resolve challenges facing industry,  and improve the 
competitiveness, productivity and sustainability of Australian firms; and  
• Cooperative Research Centre Project Grants , which offer cofounding  for up to three years 
for industry -led collaborative research, to develop new technologies, products and services.  
505.  The Entrepreneurs Programme is the Australian Government 's flagship initiative for boosting 
business competitiveness and productivity. The Innovation Connections element of the Programme 
encourages and assists small -and-medium -sized businesses to access knowledge, engage with 
researchers and foster innovation.  
506.  Innovation Facilitators help  businesses to assess gaps in their corporate knowledge and 
provide specialist support, which may include assisting businesses to:  IP/C/M/93/Add.1  
 
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 • Identify critical and strategic research needs and opportunities;  
• Find and access expertise, techn ology and advice; and  
• Work with the research sector.  
507.  Businesses may also be eligible to apply for a matched funding grant that provides direct 
access to research capabilities.  
508.  IC Global is an integrated suite of platforms developed by CSIRO in collaboratio n with over 70 
partners from across industry, the research sector and government. It is designed to catalyse 
innovation by facilitating capability discovery, problem solving and data visualization.  
509.  The Expert Connect element of IC Global is a publicly sear chable database of Australia 's 
research expertise, containing more than 70,000 expert profiles from over 220 research 
organisations.  
510.  Expert Connect has been designed to boost industry -researcher collaboration. Anyone can 
search for a topic of interest usin g simple, non -scientific language, and find the most relevant 
researcher to connect with.  
511.  The platform considers both academic and business nous, presenting users with a list of 
relevant experts that are most likely to understand the business context.  
512.  Turning to the forms of public private collaboration that successfully supported IP  
commercialization, federal government programmes such as Cooperative Research Centres  and 
Innovation Connections both stand out. The Government is also investing in the Challenge Based 
Innovation program,  which fosters opportunities for business, research institutes and Government 
to work together to solve real -world problems.  
513.  Australia 's IP Office, IP Australia, has developed several initiatives to help individuals, 
companies and public institutions to commercialise their IP.  
514.  Source IP , for example,  connects businesses with those Australian public sector research 
organisations that have  patented technology available to license. Launched in November 2015, 
Source IP  is focused on making it easier for businesses to access innovation and technology 
generated by the publicly funded research sector.  
515.  The platform allows Australian patent holders to include additional information about their 
patents, such as their potential industrial applications and commercial advantages, to promote the 
technology and encourage collaborative partnerships.  
516.  With the assistance of the Department of Industry, Innovat ion and Science, the "IP Toolkit " 
was developed to simplify the administrative management of IP in collaborations between 
researchers and businesses.  
517.  The toolkit can help researchers and businesses to:  
• Develop and build effective commercial partnerships;  
• Identify the important issues in developing collaborations;  
• Deal with key issues before launching collaborative relationships; and  
• Reduce the need for legal advice, freeing up resources to focus on partnership building.  
518.  The toolkit includes resources such as: 
• A checklist covering the key issues that need to be considered before initiating collaboration;  IP/C/M/93/Add.1  
 
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 • Contract, confidentiality agreement and term sheet templates; and  
• Guidance and information to help collaborating parties manage their IP.  
519.  The Australian Government offers various forms of training and educational resources to help 
innovators commercialise their IP. For example, the Australian Copyright Council (ACC) provides 
accessible and affordable legal advice and education on copyright law f or Australian content creators 
and consumers. It also organises customised in -house training for creators through online webinars 
and in -person seminars.  
520.  The Australian Government 's Department of Communications and the Arts contributes to the 
educational c ampaigns and awareness raising efforts of WIPO . For example, the Department 's 
Copyright Section has hosted student visits under the WIPO -Queensland University of Technology 's 
Master of Laws in Intellectual Property Programme and presented on issues relatin g to copyright law 
in Australia.  
521.  Finally, experimental facilities such as science parks have largely been the responsibility  of 
Australia 's state governments . In recent years the States  have developed a range of tech precincts, 
science parks and business parks, which appear to have been successful in boosting the volume of 
patent applications.   
13.7  Hong Kong, China  
522.  Hong Kong, China would like to thank Switzerland for placing this item on the age nda and 
giving us an inspiring introduction.  I am also thankful to previous speakers who shared their 
experiences.  
523.  Innovation is the driving force for business upgrading and restructuring of industries, while IP 
is the engine behind powering innovation. IP  commercialisation is important for reaping the social 
and economic benefits of IP and innovation, and for the long -term development of modern 
knowledge -based economies.  Hong Kong, China treasures the value of IP commercialisation and is 
devoted to be proa ctive in this area.   
524.  Over the years we have cultivated all the ingredients that are necessary for the growth of IP 
commercialisation, including a sound legal system, a robust IP protection regime, capable research 
personnel, world -class professional servic es as well as government and funding support.  To further 
strengthen our advantages in these areas, our Government has put in place different measures and 
let me share with you some highlights and successful stories.   
525.  "SME" is a major pillar of the Hong Kon g, China  economy.  To unleash their potential in 
engaging in IP commercialisation, we have been working with relevant stakeholders in taking 
forward some supportive initiatives.  For example, the Intellectual Property Department has been 
collaborating with the Law Society of Hong Kong , China  to provide free consultations to SME on IP 
commercialisation, protection and management.  An IP manager scheme has also been launched to 
provide training for SMEs to build up their IP manpower capacity and boost competitiveness through 
IP commercialisation.  These consultation services and trainings are well received by the business 
sector.   
526.  We are also promoting IP and innovation in a direct and efficient manner through funding 
support.  Our Government ha s been providing funding support to local research institutes to promote 
R&D, technology transfers and commercialisation of research outcomes.  Among various funding 
schemes, the Technology Start -up Support Scheme for Universities was introduced in 2014 to 
provide funding support specifically for universities in starting technology businesses and 
commercialising their R&D results.   
527.  Starting in 2019 , a maximum amount of about USD 6 million is provided annually under the 
scheme.  Each funded technology start -up may receive up to USD 200,000 each year.  With the 
implementation of this funding scheme, we have seen a flourishing atmosphere of 
techno -preneurship at university campuses.  More professors, students and graduates are interested IP/C/M/93/Add.1  
 
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 in pursuing a career in tec hnology.  The technology start -ups of the universities have started to grow 
and thrive, injecting new impetus to the economy.   
528.  We have also launched a Patent Application Grant to provide funding support to local 
companies and individuals in their first pate nt application to help them protect and commercialize 
their intellectual work.  An approved application will be granted up to USD 30,000.  
529.  This kind of public -private collaboration has nurtured some successful start -ups and 
commercialised products over the y ears. For example, with funding support from the Government, 
a start -up associated with the Hong Kong , China  Polytechnic University has successfully developed 
soft contact lens using the "Defocus Incorporated Multiple Segments ( "DIMS ")" technology for 
short-sightedness control.  The same team has utilised the DIMS technology to produce spectacle 
lens comprising hundreds of micro -lenses segments which employ the natural homeostatic 
mechanism to regulate the size of the eyeball based on the physical characteri stics of optical input. 
To put it in a more layman way, the lenses constantly defocus the short -sighted vision of myopia 
sufferers which in turn enables them to see clearly.  
530.  The device has been shown to slow the progression of short -sightedness in children  by 60%, 
and even stop the progression in 20% of the subjects tested.  They also significantly reduce the 
overall risk of associated diseases, such as retinal detachment and glaucoma.   The DIMS technology 
is widely acclaimed by the technology sector and has  won the Grand Prix of the 46th International 
Exhibition of Inventions of Geneva in 2018.    
531.  Another successful example of IP commercialisation is a face mask created and manufactured 
in Hong Kong , China  based on a nanofiber technology.  The company collabor ated with the Nano and 
Advanced Materials Institute Limited, a research and development centre under the Government, 
and produced the first Nanofibrous N95 Smart Mask which was later launched in the market under 
the branding of "NASK " in 2016.  The technolo gy, upon further enhancement, was used in the PM2.5 
Sport Mask and won a gold medal with "jury recommendation " in the 45th International Exhibition 
of Inventions of Geneva in 2017.  According to the company, this invention has a strong capability 
of commerc ialisation, because, out of more than 30 Nanofiber product manufacturers worldwide, the 
company is one of only two entities that can apply this technology for mass production.  
532.  In conclusion, the experiences in Hong Kong , China  show that public -private collaboration is 
effective in promoting innovation and IP commercialisation.  We would like to encourage Member s to 
provide further assistance for your public bodies and private sectors in this regard.   
13.8  Singapore  
533.  I would like to thank Switzerland for submitting this discussion paper on "IP 
commercialisation ", which builds on the productive discussions we had in the February and June 
sessions on "Public -Private Collaborations  in Innovation ". Switzerland 's paper is useful in stimulating 
discussions on how public -private collaborations in innovation on IP commercialisation can bring 
benefits to everyone, and Singapore is pleased to co -sponsor it.  
534.  Singapore 's efforts in IP comme rcialisation are guided by a national IP Hub Masterplan, which 
was launched in 2013 and updated in April 2017. In order to build up our reputation as an IP hub 
further, the revised Masterplan undertook a comprehensive review to strengthen Singapore 's 
innov ation ecosystem, and to better facilitate and encourage IP commercialisation. In this regard, 
allow me to share three key pillars of Singapore 's efforts to support and facilitate commercialisation 
of IP across a wide range of industries and sectors.  
535.  First, the Government worked with the private sector to develop programmes and academic 
courses to grow domestic IP expertise to support our economy 's needs. Consultations were held with 
IP professional bodies, industry and academia to design and introduce two n ew graduate certificate 
courses for working adults interested in IP and innovation in 2017. In tandem, a salary support 
programme was also introduced to encourage employers to allow their staff to sign up for IP -related 
training courses. In August 2019, Singapore launched a Skills Future Framework for IP that mapped 
the required skills and career pathways to encourage more Singaporeans to consider and enter the 
IP profession.   IP/C/M/93/Add.1  
 
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 536.  Second, the Government is continually working internally to update its practices and improve 
openness to innovation in its work. In this regard, we introduced a National IP Protocol in 
January  2019 to encourage government agencies in the course of their work to generate novel 
solutions in addressing issues faced by the citizenry. The P rotocol additionally lays out options and 
best practices for these government agencies to work with relevant private sector bodies to 
commercialise these inventions while ensuring public interests are upheld.   
537.  Third, we also acknowledge that IP protection is a fundamental enabler in IP 
commercialisation. To that end, we are continually improving our IP regime, to ensure that it remains 
up to date with technological and commercial developments. For example, Singapore revised its 
Register Design laws in 2017 to allow for, among other things, the registration of virtual and 
projected designs as well as graphical user interfaces. It is also in the midst of a review of its 
copyright laws that, among other things, tries to give clarity to issues relating to the st reaming of 
audio -visual content from unauthorised devices and exceptions for text and data mining for 
analytical purposes. Meanwhile, the IP Office of Singapore is also continually improving its own 
services based on feedback from its stakeholders. New ser vices like a fast track application 
programme for Fintech and AI patents as well as a mobile phone app for Trademark applications 
were recently launched as a result.  
538.  Let me close by emphasising that IP commercialisation is not something that governments ca n 
do on their own. Public -private collaboration is essential in ensuring that the right policies are 
implemented in a manner that not only helps bring new products and services to the market, but 
also facilitates job -creation, prosperity, and societal prog ress. We look forward to further discussions 
on this important issue with Member s. 
13.9  Canada  
539.  Canada would like to thank Switzerland for drafting the paper for "IP and Innovation " theme 
of "Public -Private Collaborations in Innovation – IP Commercialization ", under document 
IP/C/W/657. We would also like to thank the co -sponsors of this discussion a nd those TRIPS Council 
Member s that have shared their national experiences and insights on public -private collaborations 
in innovation so far.  
540.  Moving to the topic for this current  discussion, we would like to take the opportunity to present 
an overview of two particular initiatives, building on presentations that Canada has made on other 
IP and innovation -related initiatives at past TRIPS Council discussions under this  agenda  item. First, 
we will present on the "Strategic Innovation Fund ", which has been designed to provide financial 
support to projects that will improve innovation performance while providing economic, innovation 
and public benefit. Second, we will briefly present o n Canada 's "Agricultural Clean Technology 
Program " which provides non -repayable, federal contributions to implement and deliver clean 
technology projects that support activities across the innovation continuum.  
541.  With respect to the Strategic Innovation Fun d, the fund serves to simplify application 
processes, accelerate processing, and provide assistance that is more responsive and focused on 
results. In allocating funding, the Strategic Innovation Fund looks to accelerate areas of economic 
strength, strengt hen and expand the role of Canadian firms in regional and global supply chains, 
support economic strategies, and attract investment that creates new and well -paying jobs.  
542.  With respect to IP, under the Strategic Innovation Fund, recipients must own the bac kground 
IP or hold sufficient background IP to allow their project 's activities to be carried out. Additionally, 
recipients must hold sufficient rights to permit them to exploit the IP resulting from their project 's 
activities. Recipients are also required  to take appropriate steps to protect the IP resulting from 
activities supported through the program.  
543.  Second, with respect to Canada 's Agricultural Clean Technology Program, the Government of 
Canada 's Budget 2017 allocated CAD  25 million (or approximately USD 18.75 million) in funding to 
develop a clean technology programme for the agriculture, agri -food and agri -based products sector 
in Canada. The Agricultural Clean Technology Programme provides non -repayable, federal 
contributions to implement and delive r clean technology projects that support activities across the 
innovation continuum, ranging from R&D and technology and knowledge transfer, to 
commercialization and adoption. Projects are selected as those that generate positive impacts on IP/C/M/93/Add.1  
 
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 land, water and  air, while reducing the intensity of greenhouse gas emissions in agricultural 
production. For the purpose of the Agricultural Clean Technology Program, innovation is defined as 
an invention, significant modifications to a pre -existing technology, or impro vements to an existing 
technology specifically noting changes to functionality, cost or performance.   
544.  To conclude, Canada would be pleased to discuss these and other initiatives to any interested 
Member  on these margins of this meeting . In the meantime, we  would like to thank those Member s 
that have shared their insights and experiences thus far, and look forward to further views on the 
topic of public -private collaborations in innovation and IP commercialization going forward.  
13.10   Korea , Republic of  
545.  Korea shares with other countries recognition of the great importance of linking industries and 
universities on the one hand and investors on the other in promoting IP commercialization. As part 
of efforts to facilitate the supply of much needed innovation and technology to industries, KIPO has 
been conducting the "IP-Plug" project since September 2015. This aims to build a human network 
linking investors, academia as well as the "Korea Institute for  Patent Strategy Development " which 
serves as an IP broker. This network functions as a forum where industries share information and 
explore emerging demand for innovative technology and IP.  
546.  In addition, KIPO has been holding a series of nationwide "roads hows" to facilitate the IP 
commercialization of universities and public research institutions through better connecting 
academia and companies, with a particular focus on small and medium sized enterprises. Such 
efforts have resulted in the development and  commercialization of numerous new technologies by 
universities and public research institutes.  
547.  KIPO has also been implementing "A project to build product -specific patent portfolio. This 
project aims to facilitate top notch technology and innovation developed by universities and public 
research institutions and to provide such technology and innovation to companies which have a rea l 
need for them. There are several unique features of this project, which have led to its success. First, 
taking account of market demand, patents for several different technologies which are associated 
with a single product are provided as a package. That  way, companies that need those technologies 
can easily access such patents. Secondly, the Government is assisting with the "proof of concept ", 
which makes development of a new technology less risky for a company.  
548.  Recognizing that financing is one of the crucial elements for IP commercialization, the 
Government is also seeking to expand its support for IP -based financing. What is meant by IP 
financing is the use of IP assets (such as trademarks, design rights, and patents) to gain access to 
credit. Two of the leading forms of IP -based financing are IP -based collateral and IP -based credit.  
In most cases, tangible assets are used to secure asset -based loans, however, the collateralization 
of IP can also increase the amount of available credit. Some banks also  use IP assets as a credit 
enhancer. Given that valuation is a key tool in the process of IP financing, KIPO has designated a 
qualified IP -valuation institute, thereby controlling the quality of technical valuation. KIPO has also 
provided assistance in ter ms of the cost of valuation for SMEs so that SMEs can gain easy access to 
IP financing.  
549.  IP Commercialization can be promoted and facilitated through the greater exchange of 
information related to transactions in the field of technology and patents. In this  vein, KIPO has 
launched a website (www.ipmarket.or.kr) through which individual companies, in particular SMEs, 
can have easy access to various forms of market information relating to technology and patents. In 
many cases, due to its unique features, such as the divergence of views on valuing of a patent, a 
number of obstacles are faced in carrying out a transaction in the field of IP. To better facilitate 
IP-related transactions, KIPO has also established a channel where SMEs can receive consulting 
service s on IP -related transactions from government -certified experts.  
13.11   China  
550.  China appreciates the submission of the document IP/C/W/657 and the efforts made by the 
co-sponsors. We also thank the previous spe akers for sharing their experience.  IP/C/M/93/Add.1  
 
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 551.  In July 2019, WIPO published the Global Innovation Index 2019(GII), in which China ranked 
the 14th of all countries, arising in four consecutive years. At present, the amount of trademark and 
patent applications of China  runs in the first place of the world, as the patent applications through 
the PCT ranks the NO.2 and the trademark applications through Madrid Agreement ranks the NO.3 
globally.  
552.  Until late June 2019, China has registered 5,090 GI trademarks and approved 2, 380 GI 
products. Till the end of August  2019, 24,000 layout -designs of integrated circuits have been 
registered in China.  
553.  There is another figure, which could also provide the proof to the work done by the Chinese 
Government in the protection of the IPR. A ccording to a survey conducted every year in China, the 
satisfaction rate of the public society to the protection of the IPR increases by 13 points, from 63.69 
in 2012 to 76.88 in 2018.  China has made and is still making progress in the creation, protectio n 
and utilization of the IP.  
554.  As we all know, transformation of the IP plays a crucially important role in the whole circle of 
creation, protection, utilization and management of IP. Chinese Government pays great attention to 
the transformation of IP and it s positive effect on job creation, economy development as well as 
public benefit. As a result, China has legislated a specific law, named "Law of the People 's Republic 
of China on Promoting the Transformation of Scientific and Technological Achievements ", which 
encourages the in -time transformation of the scientific and technological achievements. Especially, 
it emphasizes the function of universities and R&D institutions, and encourages universities and R&D 
institutions to cooperate with enterprises, of ac hieving the goal of the transformation of IP through 
establishing collaborative R&D platforms, technology transfer entities, and technology innovation 
alliances. In order to enhance the implementation of the above -mentioned law, the State Council of 
China has legislated relevant regulation, and the local provincial governments also made their 
correspondent statutes and acts. Furthermore, in the "Outline of the National Intellectual Property 
Strategy " of China, we also have such kind of wording, which Member s that "exerting the important 
function of the universities and R&D institutions in the process of the creation of IP ". 
555.  Besides positive support at the policy level, China has also taken concrete measures. Chinese 
Government authorities, the Ministry of Fi nance together with the CNIPA (China National Intellectual 
Property Administration), established a national public service platform for the operation of IP, 
promoting the transformation of IP nationwide. The website of the platform is www.sipop.cn, which 
provides a service platform for online IP transactions. Till now, there are more than 200 IP service 
agencies as well as investing and financing entities settling in the platform, and around 20,000 IP 
projects are listed.  
556.  It is worth mentioning that, in th e middle part of China, the city of Wuhan, the Chinese 
Government is now implementing a pilot project regarding the transformation of IP, which is setting 
up a "spin-off" under the collaboration of the enterprise, the university, and the CNIPA Hubei centre . 
The approved spin -off will play a very important role in the transformation and commercialization of 
IP, and it also demonstrates a good model of the public private cooperation in the commercialization 
of IP.  
557.  In the recent years, the Chinese Govern ment also held a number of training workshops, 
inviting the experts in the IP field to give lessons to the university professors, students and R&D 
institution staffs, so as to cultivate and increase their awareness of the IP rights.  
558.  China reaffirms the tra nsformation and utilization of IP is one of the targets of protecting the 
IP, and China also welcomes other Member s for sharing their good experience regarding the 
transformation and commercialization of IP.  
13.12   Brazil  
559.  Brazil thanks the proponents for their communication on public -private collaborations in 
innovation and IP commercialization. We are very pleased to deliver this intervention, because in 
the following day  we celebrate Brazil 's Innovation Day . The date was chosen because, on 
19 October  1901, the Brazilian airman Santos Dumont encircled the Eiffel Tower in his airship.  IP/C/M/93/Add.1  
 
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 560.  Effective commercialization of R&D produced in universities is fundamental to the development 
of an ecosystem conducive to inn ovation. Brazil 's Innovation Act, launched in December 2004, was 
amended in 2016 to include "academic spin -offs" as a legal entity. In Brazil, they are known as 
Scientific, Technological and Innovation Institutions (ICTs). The Innovation Act also created t he 
Technology Transfer Offices (TTOs), a structure established by one or more ICTs, whose purpose is 
to create innovation policies guided towards the generation of innovation and technology licencing. 
The goal is to transform knowledge in tangible assets, protected by intellectual property, to be 
incorporated into production processes or products.  
561.  Brazil 's innovation policy also relies on incubators, science and technology parks and 
accelerators. Start -Up Brazil, the Brazilian Start -up Acceleration Program , is an initiative of the 
Ministry of Science, Technology and Innovation (MCTI) in partnership with private accelerators. The 
Program, created in October 2012, aims to select and support technology -based start -ups. 
562.  Another feature of Brazil 's public -private initiative for commercialization of innovation is the 
implementation of open laboratories. In 2010, the first Fab Lab was established in Brazil, which 
propelled the emergence of different private open labs based on the provision of service s for 
innovation. This infrastructure has spread rapidly, with a wide variety of its types installed in schools, 
enterprises, and other institutions.  
563.  Brazil also sees public procurement as an instrument of incentivizing and spreading innovation. 
According  to Article 20 of the Innovation Act, Public administration bodies and entities, may directly 
contract ICTs, non -profit private law entities or companies for the realization of research, 
development and innovation activities that involve technological risk , to solve a specific technical 
problem or to obtain an innovative product, service or process.  
564.  Another very important institution is the National Fund for Scientific and Technological 
Development (FNDCT). From 1967 to 2017, the Fund sponsored more than 3 0,000 projects including 
hydrogen -fuelled  buses for public transportation, the Santos Dumont supercomputer, the Brazilian 
Geostationary Defence  and Strategic Communications Satellite and the Exoskeleton, which was 
demonstrated during the World Cup in Brazi l. 
565.  Since 2008, Business Mobilization for Innovation (MEI) has brought together the main business 
leaders in Brazil to stimulate and streamline policies for competitiveness and innovation in the 
country in a dialogue between private sector, public sector an d academia. Examples of companies 
participating in this initiative are Natura, Suzano and Whirlpool.  
566.  Referring to SME 's, the "Brazilian Micro and Small Business Support Service " assists small 
businesses with solutions to boost innovation, including suppor t in intellectual property matters and 
adaptation to technical standards.  
567.  For the future, Brazil is in the process to enact legislation that simplifies the direct funding of 
enterprises for research in public universities. The expectation is to lead univer sity research to 
market -oriented purposes and facilitate partnerships between the private sector and academia.  
568.  While thanking the proponents for this important topic, and considering our future work in the 
TRIPS Council, we would like to shed some light in  another feature of licensing technologies, which 
are patent law provisions that contribute for them to be effective. One of them is sufficiency of 
disclosure.  
569.  Brazil finds that sufficient disclosure requirements in the patent registration stage is of 
fundamental importance. A patent request should be accurate enough to enable the reproduction by 
a person skilled in the art without further need of consultations with the patent previous owner. 
Brazil believes that Member s could also explore this theme furth er under the agenda item "IP and 
Innovation ". 
13.13   Costa Rica  
570.  For Costa Rica, investment in human capital, innovation and knowledge that fully translate 
into economic growth require a robust intellectu al property right framework. In that line, our IP/C/M/93/Add.1  
 
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 Government aims to the implementation of policies and rules that create effective incentives for the 
production, appropriation and assimilation of knowledge.  
571.  Above all, it is critical to ensure a high level o f cooperation between academia and the private 
sector. To foster such cooperation, the Government has created Bureaus of Transfer of Technology 
and University -Enterprise Linkages . While there are still many challenges, this cooperation system 
has already p roven its usefulness, as 45 new licence technologies have been created and are ready 
to be implemented.5 The Government also created an information platform6, called Hipatia that 
allows universities to publicize the available research with licensing potential.  
572.  Allow me to cite some specific activities performed by public universities in relation to IP and 
innovation:  
• The Unit on Management and Transfer of Knowledge and Innovation of the University of 
Costa Rica issued 18 different licenses i n 2018, while an additional 25 were transferred 
through other means.  
• The Institute of Technology of Costa Rica , works on intellectual property management 
through its Connection Center. Th is Centr e offers guidance on transfer of technology and it 
is in charge of intellectual property training for researchers and students. The Connection 
Center also offers guidance on intellectual property protection for innovation that is 
developed in house . 
• The Center Cadenagro7 of the National University, supports the agricultural sector by 
creating distinctive signs, and offering advice on issues related to protection and registration. 
It has played a ke y role by working directly with producers on the development of 
geographical indications such as Turrialba cheese, Chorotega ceramics and Tarrazu Coffee.  
573.  The Government has also identified the need for basic IP training for innovators. Within the 
framework  of the National Innovation System, the Ministry of Science, Technology and 
Telecommunications has an active role in the promotion of Intellectual Property. The Ministry created 
a programme to help entrepreneurs with one -on-one advice on management of inte llectual property 
rights. Furthermore, the Ministry and the Industrial  Property  Registry regularly hold joint lectures 
and capacity building activities on the importance of IPR in innovation for entrepreneurs.   
574.  To conclude, Costa Rica strongly believes in strengthening the link between innovation and 
intellectual property, as innovation has proven to be a driver and enabler for growth and job creation.  
13.14   Norway  
575.  Norway would first like to thank the propon ents of the communication contained in document 
IP/C/W/657. We agree with the basic assumption that the protection and use of intellectual property 
rights can be an enabling component for successful commercialisation. The document touches upon 
many issues which the Norwegian Government is focusing on heavily in our national innovation 
policy.  
576.  The Norwegian Government recently forwarded to Parliament a  White Paper on the Health 
Industry in April 2019 (a summary in  English can be found on the homepage of the Norwegian 
Government8). 
577.  The main objective of the White Paper is to contribute to improving  the competitiveness of the 
Norwegian health industry.  We percei ve the starting point for the Norwegian health industry  to be 
good, with decent growth rates through the last few years. At  the same time, we also see substantial 
potential to do even better in  the future – not the least through more, and more professional  use of 
                                                
5 https://www.elfinancierocr.com/tecnologia/universidades -tienen -a-la-venta -45-
tecnologias/COPQEWQWG5HWXBFMTM5S2JJWEY/story/ .  
6  https://hipatia.cr/dashboard/tecnologias -licenciables . 
7 www.cadenagro.org . 
8 https://www.regjeringen.no/contentassets/41435798a618491e902935a5 90967502/en -
gb/pdfs/stm201820190018000engpdfs.pdf . IP/C/M/93/Add.1  
 
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 IPR. This includes both academic institutions, the public health  sector (state -owned hospitals etc.) 
and private enterprises.  
578.  We see an untapped potential for increased and better  commercialisation of research results 
and business ideas generated  by both academia and the public health sector. Many Norwegian  health 
industry enterprises, but also universities and hospitals etc.  find the process of commercialisation 
challenging.  
579.  We have identified certain barriers to growth in the Norwegian  health sect or which the 
Government can help overcome; two of  these are : 
• Getting public health institutions to develop into being more  attractive partners for private 
enterprises ; and  
• Facilitating more and better commercialisation of medical and  health -related research and 
of ideas generated within  the health and care sector.  
580.  In this field, public -private cooperation on the basis of sound IP  portfolios  will be key, and the 
Government aims to contribute to  increased professionalization on both side s. 
581.  The deliberate and professional use of IPR will be a core element  at the base of achieving this 
goal. An increasing level of  competencies in this field is needed. A broad and appropriate offer  of 
education in the field of IPR at institutions of Higher L earning is  also of the essence.  
582.  We will look more deeply into the question of whether more  measures from the part of the 
Government will be necessary and  meaningful in order to bring this about.  
13.15   South Africa  
583.  We would like to thank the proponents for introducing this important item. South Africa has 
an active policy that promotes public -private partnership models. We followed a global trend in the 
popularity of PPPs by establishing a more formal PPP structure within the National Treasury in 1999.  
584.  Industrial Policy Action Plan (IPAP) 2017/18 – 2020/21, the latest annual iteration of a 
continuous action plan to re -industrialize our economy, sets out the implementation tasks. The plan 
stresses  the pressing need for structural change in the economy. The severe shortage of human 
resources for R&D has been identified as a fundamental constraint to economic growth and R&D. 
There has been a distinct, if not deliberate, change in the profile of publi c (government) funding for 
R&D in South Africa since 2003. This change reflects an international trend in the role of governments 
with regard to their support for R&D.  
585.  South Africa has a strong culture of innovation, supported by a well -established resear ch base. 
In the 2019 Global Innovation Index by the World Intellectual Property Organization (WIPO), South 
Africa came in the 63rd place worldwide and first place in the Sub -Saharan region.9 South African 
universities and research institutions have done ex ceptionally well in producing world -class research 
and publications in peer -reviewed journals. However, there is still a gap in the National Innovation 
System (NIS), as most of the research outputs have not translated to commercially -viable products 
and se rvices and the creation of new industries.  
586.  In 2008 of the Ten -Year Innovation Plan. This plan proposed five 'bold interventions in critical 
areas', labelled as grand challenges and covering the bio -economy, space science and technology, 
energy security, gl obal change science with a focus on climate change, and human and social 
dynamics. The Department of Science and Technology - and more broadly government in general - 
implemented the plan by directing at least a portion of the additional funding from the S outh African 
National Treasury to large projects with close alignment to the grand challenges. These projects 
included the Karoo Array Telescope (now the SKA) which in its first trail run discovered 1200 new 
galaxies that had never been observed and whilst  13-member countries are the cornerstone of the 
SKA, around 100 organizations across about 20 countries are participating in the design and 
                                                
9 https://www.wipo.int/global_innovation_index/en/ . IP/C/M/93/Add.1  
 
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 development of the SK, the pebble bed modular reactor, the electric car (Joule), and the 
development of a HIV microb icide.  
587.  The Government via its programs and agencies will embark on an extensive skills development 
programme aimed at training one million young people by 2030 in Robotics, Artificial Intelligence, 
Coding, Cloud computing and Networking. The South African Government’s commitment to ensuring 
greater inter -ministerial and intra -governmental coordination as well as supporting an Inventor 
Assistance Programme which was launched in October 2017, in partnership with WIPO to assist 
inventors to protect their IP wi th some assistance from IP lawyers and WIPO.  
588.  Public funding of R&D has risen from 28% to 45% of gross domestic expenditure on R&D, and 
is now the dominant source of funds. Much of the additional funding has been allocated to 
universities, whose R&D perfor mance - as measured by higher education expenditure on R&D - has 
risen from ZAR 3.6 billion in 2007 to ZAR 7.3 billion in 2012. Universities now account for 34% of 
the total R&D performance, up from 19% in 2007. South African universities have increased th eir 
activities in applied research. They have done so by establishing closer links with the private sector, 
setting up technology transfer offices, pursuing the registration and licensing of intellectual property 
arising from their R&D, and adopting the co mmercialisation of knowledge within institutions as a 
significant component of their mandates (in addition to teaching and research). Rising levels of 
public -funded R&D within universities has the additional benefit of producing the necessary human 
resourc es to directly support the economy's transition from a resource -based to a knowledge 
intensive structure.  
589.  Higher education institutions are also forging links with private companies on applied research 
projects. The government’s huge Technology and Human R esources for Industry Programme (Thrip) 
embraces government, industry, science councils and higher education institutions in joint ventures 
to develop new technology and skills for the country. PPP remain an important tool available for the 
South African g overnment to promote R&D in core areas that will promote the implementation of 
our National Development Plan and spur economic growth and development for all our citizens.  
590.  In conclusions, in relation to the submission IP/C/W/657, we have a few questions:   
• Could Member s share best practices on measures to ensure reasonable pricing agreements 
for publicly funded R&D?  
• What remedies do Member s employ to mitigate the failure to disclose public funding on 
patent filings?  
13.16   Ukraine  
591.  Ukraine welcomes the WTO document IP/C/W/657 and thanks its co -sponsors for putting the 
topic of private -public collaborations in innovation on the agenda of t he meeting.  
592.  To contribute to this discussion, we would like to note t hat Ukraine has significant opportunities 
for innovative development, especially in the field of IP commercialization. The main benefits of 
Ukraine are advantageous geographical location, large market, the existence of a Deep and 
Comprehensive Free Trade A rea between Ukraine and the EU and relatively high level of Human 
Development Index.  
593.  In order to stimulate innovations in all sectors of Ukrainian economy, in July 2019 the 
Government approved the Strategy for the Development of Innovative Activity for the  Period up to 
2030.  
594.  This Strategy determines the purpose, main elements of national innovative ecosystem, its 
problems, strategic goals and tasks on which the implementation of the state innovation policy is 
based, in particular for creation of favourable  conditions to bring innovative products to the market, 
including possibility of its commercialization in Ukraine and abroad.  
595.  We expect that the implementation of the Strategy will contribute to the growing number of 
natural persons and legal entities engag ed in inventions, research and development, especially in IP/C/M/93/Add.1  
 
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 the private sector; and to the growing number of business entities that provide commercialization 
service. It will promote the growth of the share of innovative enterprises, in particular small 
businesses, as well as provide the increase in revenues from sale and use of IP and high technology 
products.  
596.  The Strategy stipulates the necessity of the development of its implementation Plan for the 
Period of 2019 -2021. This work is ongoing today with participation of different interested authorities.  
597.  To share some practical examples of private -public collaboration in the field of IP 
commercialization we would like to shortly present Ukraine`s experience in creating a network of 
technology and innovatio n support centres (TISC).  
598.  Establishment of such centres in Ukraine is conducted under the Cooperation Programme 
between WIPO and the Ministry of Economic Development and Trade of Ukraine for 2018 -2019 with 
the main objective to provide innovators with acc ess to locally based, high quality technology 
information and related services, to assist in exploring their innovative potential and to create, 
protect, and manage their intellectual property rights.  
599.  The project is being implemented through the creation o f a TISC network on the basis of higher 
education institutions and other specialized institutions. Such network provides, firstly, territorial 
accessibility for stakeholders, and secondly, the specialization of TISC employees in the areas and 
areas of serv ices provided.  
600.  The first centr e was opened in November 2018 within the National Office of Intellectual 
Property of Ukraine and became a coordinator of the whole network. So far , eight technology and 
innovation support centres have been established and two new centr es will open the doors in the 
nearest future.  
601.  It is expected that successful implementation of this Project will promote development of 
creative industries, accelerate intelle ctual capital of higher education institutions, put down leakage 
of innovative technical solutions abroad and reduce labour migration in Ukraine.  
602.  Technology and innovation support centres work with start -ups, inventors, innovative 
companies, product -based  companies and export engaged companies covering inventions, 
trademarks, utility models and industrial design.  
603.  Services offered by such centres include:  
• Facilitated access and assistance in scientific and technical information search, contained in 
free of charge and commercial patent and non -patent data bases;  
• Access to hardware and software TISC's instruments to allow innovators to conduct patent 
search based on TISC's hardware and software resources and to get an assistance on the 
patent search procedure;  
• Consultation on resources, necessary for the full cycle of innovation development and 
implementation, starting from an idea to commercialization of the idea; and  
• Distance learning with NIPO programmes - to provide access to the programmes of distance 
learning on basics and specifics of intellectual property right.  
13.17   Switzerland  
604.  Switzerland would like to thank Member s for their highly interesting and inspiring contributions 
and the sharing of their experience with public private collaboration for IP commercialization with 
the Council .  
605.  We have had a rich discussion. My delegation has heard many new ideas, measures and 
projects from which we can learn and we feel inspired to bring this information hom e to discuss with IP/C/M/93/Add.1  
 
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 our stakeholders to see how we could promote and improve further public private partnerships in IP 
commercialization - for the sake of providing a more conducive innovation ecosystem.  
14  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST: R&D COS TS AND PRICING OF 
MEDICINES AND HEALTH  TECHNOLOGIES  
14.1  South Africa  
606.  This topic is a continuation of a sustained debate regarding the intersection between 
intellectual property and the public interest. The p ublic interest is a central component of the 
TRIPS  Agreement, which recognizes underlying public policy objectives of national systems for the 
protection of intellectual property. The protection and enforcement of intellectual property rights is 
not an end in itself. Article 7 of the TRIPS Agreement recognizes that intellectual property rights 
must contribute to the promotion of technological innovation and the transfer and dissemination of 
technology  to the advantage of all stakeholders, including the users of technological knowledge , and 
in a manner conducive to social and economic welfare.  
607.  In September 2015, 193 members  of the United Nations adopted the 2030 Agenda for 
Sustainable Development (2030  Agenda). This agenda includes Sustainable Development Goal 
(SDG) three  that aims to ensure healthy lives and promote the well -being of all people of all ages.  
608.  The WTO is central to achieving the 2030 Agenda for Sustainable Development Goals (SDGs), 
which  sets targets to be achieved by 2030 in areas such as poverty reduction. Trade has proven to 
be an engine for development and poverty reduction by boosting growth, particularly in developing 
countries. Target 3.b underscores the importance of support for R &D of vaccines and medicines for 
the communicable and non -communicable diseases that primarily affect developing countries. The 
Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries 
to use to the full the provi sions in the TRIPS Agreement regarding flexibilities to protect public health 
and, in particular, provide access to affordable medicines and medical technologies for all.  
609.   The Doha Declaration on the TRIPS Agreement and Public Health recognizes both the 
importance of intellectual property for the development of new medicines and concerns that 
intellectual property rights affect medicine pricing. The UN Secretary General 's High -level Panel on 
Access to Medicines observed the following: "The rules governing human rights, trade and public 
health exist in separate but overlapping spheres; their implementation rests at different levels. An 
important factor behind the incoherence between trade, intellectual property laws, human rights and 
public health lies in th e different accountability mechanisms and uneven levels of transparency. " It 
further observes that transparency is a core component of good governance, especially where civil 
society and patient groups rely on transparency of information. Transparency, as further stated, can 
also ensure fairness during negotiations that take place between biomedical companies and 
procurement organizations.  
610.  I do not propose to read the entire paper . However , I would want to focus on one or two 
further areas before I turn to the questions. Pricing strategies are based on determinants such as, 
inter alia , the cost of R&D, costs of production or financial returns to incentivize future R&D 
programmes. The true costs of R&D for pharmaceuticals are often unknown and highly variable , 
while the contribution made by public and non -profit -making sectors towards the R&D of medicines 
is not always accounted for. The marginal production costs of medicines are relatively small 
compared to their market prices while a significant proportion o f this expenditure might be for 
marketing and promotional activities, which are costs not related to the development of the product.  
611.  South Africa calls on Member s to share their experiences of how TRIPS flexibilities have been 
used to address high prices and barriers to access to medical technologies and medicines in order 
to achieve public health and related national objectives. In the past the impact of competition and 
anti-trust laws on access to medicines was explored in document IP/C/W/643. The issue of abuse of 
IP rights remains relevant in the context of the application of national and regional norms to ensure 
cheaper and more effective access to medical technologies and medicine. Policies that influence the 
pricing of health technologies or the appr opriate rewards for successful research outcomes can be 
better evaluated when there is reliable, transparent and sufficiently detailed data on the costs of 
R&D inputs (including information on the role of public funding and subsidies), the medical benefits  
and added therapeutic value of products.  IP/C/M/93/Add.1  
 
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 612.  We would like Member s to share their experiences around the following questions:  
• What are the TRIPS flexibilities adopted by Member s in their patent laws to ensure 
availability of patented medicines at reasonable prices?  
• What are Member s' experiences with escalating prices of patented medicines and what are 
the policy responses implemented to address this trend through the use of TRIPS flexibili ties?  
• What approaches have Member s implemented regarding price regulation of patented 
medicines such as a combination of cost -based pricing, value -based pricing, reference 
pricing, and/or through tendering and negotiation, and regulating mark -up levels? I f any of 
these approaches have been used, what are the results and challenges that Member s face 
to ensure compliance and disclosure of necessary information or their effect on the prices of 
medicines?  
• What measures have Member s implemented to enhance the publicly available information 
on the costs of manufacturing medicines, vaccines and health technologies, in particular 
information on grants, tax credits or any other public sector subsidies and incentives relating 
to the initial regulatory approval and a nnually on the subsequent development of a product 
or procedure?  
• Can Member s share their experiences to improve the transparency of the patent landscape 
of medical technologies to ensure that no barriers are created to generic competition through 
sharing complete and up -to-date information?  
14.2  India  
613.  We support the statement delivered by South Africa.  
614.  At the outset, allow me to thank and compliment my South African colleague for this extremely 
pertinent and timely submission that attempts to facilitate sharing of experiences between countries 
on the steps taken by them to maintain a balance between the pricing of medicines and the public 
interest.  
615.  The National IPR Policy introduced by the Government of India in 2015 envisions an India 
where creativity and innovation are stimulated for the benefit of all. The policy emphasizes that a 
dynamic and vibrant i ntellectual property system must focus on enhancing access to health  care, 
food security and environmental protection among other sectors of vital social, economic and 
technological importance. Our existing laws were either enacted or revised after the 
TRIPS Agreement came into existence and are fully compliant with it. India has incorporated a wide 
array of flexibilities available under the TRIPS Agreement in its Patent Law.  
616.  Certain specific examples of such flexibilities include -higher patentability stand ards to ensure 
a balance between the public interest and intellectual property rights protection. Prior to 2005, India 
prohibited the grant of pharmaceutical product patent s, which had to be changed as part of the 
TRIPS commitment.  The concern at that time  was that while genuine invention s should be patented, 
evergreening should not be allowed. Higher patentability standards have tried to address this 
concern.  
617.  A system of pre -grant opposition that allows any third party to oppose a patent application 
that i s awaiting a decision at the patent office has augmented the examination capabilities of our 
patent office so that frivolous inventions are not patented. This has helped to keep the prices under 
control. Robust compulsory licence provisions to address situ ations where prices become 
unreasonable or where supply of the medicine is inadequate, strong disclosure requirements and 
transparency provisions that require a patent applicant to disclose the status of his application in 
other countries and the requireme nt that every patentee and every licensee furnish a statement as 
to the extent to which the patented invention has been worked on a commercial scale in India have 
helped in creating an equilibrium between the obligations taken under the TRIPS Agreement and  the 
rights available.  IP/C/M/93/Add.1  
 
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 618.  The Bolar provision is very important for entry of generics as soon as the patent expires. The 
Indian Patent Law allows a generic company to seek regulatory approval ahead of the expiry of the 
patent. This in turn facilitates the ent ry of the generics as soon as the patent expires, thereby 
ensuring that the patent monopoly does not extend beyond the required period. The p atent 
landscape is recognized by our National IPR Policy to be critical for enabling innovation and also to 
know wh ether there is freedom to operate. The Policy mentions that efforts should be made for the 
creation of a public platform to function as a common database of IPRs. It states that such a platform 
would help in scouting the technology landscape to identify wh ite spaces and thereby promote 
innovative activities in uncovered areas. In India patent landscape work is being carried out by the 
Unit for Research and Development of Information Products (URDIP) of CSIR. They carry out 
landscaping work across technologi es for small and medium enterprises, start -ups, research 
institutions among others.  
619.  Lastly, we want to mention that the questions raised in the submission address the issue of 
access to medicines as a whole and Members  need time to respond. Therefore, the issue should be 
kept open for inputs/experiences to be shared by Members  in subsequent meetings of the TRIPS 
Council.  
14.3  European Union  
620.  The E uropean Union views critically a number of issues discussed in the communication from 
South Africa.   
621.  As previously stated in this Council, the work conducted by the United Nations 
Secretary -General 's High -Level Panel on Access to Medicines started from an assumption that "[a]n 
important factor behind the incoherence between trade, intellectual property laws, human rights and 
public health lies in the different accountability mechanisms and uneven lev els of transparency. "  
622.  This statement is recalled in the communication.  
623.  As the European Union already indicated in its written contribution to the UN Panel and in 
various interventions in the framework of this Council, we do not share that assumption. We d o not 
subscribe to this point of view.  
624.  The Commission encouraged the Panel at that time to adopt a holistic approach to the problem 
of access to medicines that could result in a valuable contribution to the wider debate.  
625.  However, due to its limited mandate , unfortunately, the High -Level Panel has focused its 
proposals exclusively on addressing an alleged conflict between a R&D model that (partially) relies 
on IPR and the possibility of providing affordable medicines. In doing so, it has missed an opportunit y 
to advance more balanced, comprehensive and workable solutions to the problem of access to 
health.  
626.  As we all know, IP -protected medicines are only a very small fraction of the medicines that 
patients in need in many developing countries lack access to.  
627.  As already stated at the TRIPS Council of November 2018, in general, we do not consider the 
TRIPS Council the appropriate forum to discuss competition policy regarding pricing of medicines 
and health technologies. There are other international fora, such a s the International Competition 
Network, where such international exchanges and cooperation are taking place.  
628.  While the submission from South Africa seems to consider the use of competition policy a 
TRIPS flexibility, the EU would be cautious. While TRIPS is obviously compatible with the application 
of competition policy measures, it clearly does not allow for an "absolute policy space ". As provided 
for in Article s 8.1 and 2, as well as in Article 40 .2, these measures have to be consistent with the 
provisio ns of the TRIPS Agreement and cannot be used as tools in avoiding the obligations under 
the Agreement.   
629.  Generally, competition policy plays an important role in controlling and sanctioning 
anti-competitive market behaviour in any sector, including the phar maceutical sector.  IP/C/M/93/Add.1  
 
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 630.  The examples concerning excessive pricing as a competition law infringement in the 
pharmaceutical sector in the EU show that competition law enforcement in the EU is done on a 
case-by-case basis.  
631.  Furthermore, compulsory licences to phar maceutical patents as a remedy to excessive pricing 
would have a negative impact on innovation incentives and appear to be superfluous, because a 
competition authority, once it has established unlawful market behaviour , has the normal toolbox of 
competitio n policy remedies.  
632.  The EU seeks to ensure, on the one hand, that medicines are accessible to those in need and, 
on the other hand, to promote the financing of research in new and better medicines through 
effective IP protection.  
633.  The challenge is to strike the right balance between the need to promote and finance the R&D 
of new and better medicines, ensuring that medicines are accessible and affordable to those in need, 
while guaranteeing the sustainability of health systems. We believe that these goals are not 
contradictory and must be pursued jointly.  
634.  In order to be able to make innovative medicines available, these medicines have to be 
researched and developed in first place. The current innovation model has delivered consistent 
progress in global public health, continuous ly leading to important new and improved treatments as 
well as much extended life expectancy, both in developed and developing countries.  
635.  This model integrates a variety of tools, such as incentives for innovation based on IP, public 
and private financing  and awards, or public research. This variety is necessary to address situations 
where there is a functioning market and those where there could be market failures.   
636.  Since , in a market economy, most medicines are created not by public authorities but by th e 
pharmaceutical industry, which, as all industries, needs an adequate return on investments to 
finance innovation, the challenge is how to use all levers available to public authorities to promote 
affordable access to medicine without affecting negatively  the investments of the pharmaceutical 
industry and therefore the availability of new and innovative medicines.  
637.  The development of new drugs requires very significant and long -term research, coupled with 
clinical trials and regulatory approval procedures. The exclusive right conferred by a patent is a 
critical incentive for innovator pharmaceutical companies to make the necessary investments into 
that research and development. The often-long time period of rigorous (clinical) testing for 
marketing approval,  which is important to ensure the new medicines are safe, limits the economically 
effective time of patent protection.  
638.  It has to be noted that the shorter that time span becomes as a result, the higher the price 
for new medicines will have to be to recove r the research cost in the remaining time of patent 
protection. The higher the price, the more it will limit access to the innovative medicines and their 
affordability.  
639.  Finally, evidence shows that there are many different and significant causes of lack o f access 
to medicines, which renders it misleading to attribute the problem merely to, or even principally, 
IPR-related aspects.  
640.  In fact, IPR issues seem to play a minor role in the problem but a disproportionately large role 
in the debate. This has also been echoed in a joint -report from the WHO, WTO and WIPO stating 
that the "lack of access to medical technologies is rarely due to a single isolated factor ".  
641.  Additionally, I recall that, currently, most medicines on the WHO list of essential medicines 
(i.e. more than 90%) are available in a generic format, either because they were never protected 
by a patent or because protection has expired.  
642.  Still these medicines do not reach all in need. In fact, many developing countries apply tariffs, 
taxes and substa ntial mark -ups to medicines and lack an efficient procurement and healthcare IP/C/M/93/Add.1  
 
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 system, with the result that medicines are not available to the population or at least not at an 
affordable price.  
643.  I would like to recall also that, the Global Fund, distributing  medicines to patients in need in 
developing countries with diseases such as HIV or malaria drugs, has been financed by the EU and 
its Members  with over EUR 19 billion from 2001 -2016. For the period of 2017 -2019 the EU and its 
Members  finance the Global Fu nd with around 17 billion (out of the EUR 29 billion pledged by all 
countries).  According to the calculation of the Global Fund, this has allowed the Fund to save 22 
million lives. The Global Fund also cooperates closely with the Medicines Patent Pool, whi ch receives 
licences from some of the world 's leading innovative pharmaceutical companies for free or at a 
dramatically discounted price. Hence, innovations such the world 's latest HIV drugs can also reach 
patients in need in places where the countries ' government are not able to provide universal health 
care. 
644.  Contrarily to the perception of some, international trade is vital for access to medical 
technologies, since no country can aim to be entirely self -sufficient, in particular not developing 
countries.  
645.  In trade negotiations, the EU always takes into consideration the development status and 
public health concerns of our trading partners. For example, we never have nor will we ever ask for 
provisions which would be contrary to or otherwise undermine the D oha Declaration on the 
TRIPS  Agreement and Public Health.  
646.  The Declaration underlines the importance of public health measures and allows the granting 
of compulsory licences for the production and importation of generics where necessary and the 
freedom to determine the grounds upon which such licences are granted. To ensure this, the 
Commission proposes a legally binding provision in its trade agreements referring to the Doha 
Declaration to guarantee that these flexibilities granted by the TRIPS Agreement remain available.  
647.  In conclusion, questioning IPR s in trade for pharmaceutical products as a means to improve 
their affordability would not only be looking at the wrong target, but also have consequences 
opposite to the intended ones. It would red uce investments and the number of resulting new 
medicines and treatments or lead to higher prices of new medicines available worldwide.  
14.4  China  
648.  China appreciate s the efforts made by South Africa in submitting the document.  
649.  The TRIPS Agreement came into force in 1995, which established a comprehensive 
international intellectual property protection system and set minimum standards for intellectual 
property protecti on for all Member s. Compared to other international intellectual property 
agreements negotiated before, the TRIPS Agreement has broader IP protection scope, better 
implementation mechanism and more extensive protection standards.  
650.  Strengthening intellectual  property protection does not necessarily lead to the improvement 
of economic efficiency and the increase of social interests. The negotiators of the TRIPS Agreement 
recognize this point, so Article s 7 and 8 of the TRIPS Agreement clear ly stipulate that  "the protection 
and enforcement of intellectual property rights should contribute to the mutual advantage of 
producers and users of technological knowledge and in a manner conducive to social and economic 
welfare; Member  may, in formulating or amending their  laws and regulations, adopt measures 
necessary to protect public health and nutrition, and to promote the public interest in sectors of vital 
importance to their socio -economic and technological development " and relevant Articles like Articles 
6 and 31 ar e recognized by Member s as TRIPS flexibilities. The TRIPS flexibilities are considered by 
Member s to be an important right to safeguard their public interest.  
651.  At the  2001 Doha Ministerial Meeting, ministers adopted the Declaration on the TRIPS 
Agreement an d Public Health; they reaffirm ed the right of WTO Member s to use, to the full, the 
provisions in the TRIPS Agreement, which provide flexibility for this purpose.  IP/C/M/93/Add.1  
 
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 652.  China emphasizes the importance of intellectual property protection and commits to fully 
comp ly with the provisions of the TRIPS Agreement since accession to the WTO. And as many other 
developing Member s, China attaches great importance to intellectual property and the public 
interest, and it was one of the first Member s to accept the Protocol Amending the TRIPS Agreement.  
653.  At the domestic level, the compulsory licensing system is specifically stipulated in the Patent 
Law of China. In the event of a state emergency or very urgent situation, or for the public interest, 
the patent administration under the State Council may grant compulsory licenses for the 
implementation of inventions or utility models. In addition, the Patent Law also permits parallel 
imports and the Bolar exception.  
654.  Actually, as of now,  China has not issued any compulsory license. We provide the medicines 
at reasonable prices mainly in two ways. First, we include some expensive patented drugs in the 
medical insurance catalogue through government procurement. Second, we set up a platform to 
help drug purchasers in different regions to buy medicines together at the same time. By those 
ways, pharmaceutical companies reduce the price of drugs through the increase in sales volume and 
profits. And government can effectively ensure the availabil ity of medicines, and maintain public 
health.  
655.  China believes the protection of intellectual property rights should contribute to the mutual 
advantage of producers and users and to a balance of innovation and the public interest. When a 
public health proble m occurs, Member s should have the right to use the TRIPS flexibilities to protect 
their public interest. China also hopes to hear from other Member s' experience in using TRIPS 
flexibilities to safeguard the availability of medicines.  
14.5  Chinese Taipei  
656.  We understand that intellectual property and the public interest are central components of the 
TRIPS Agreement, and how to strike a balance between intellec tual property protection and the 
public interest are important public policy objectives for Members. There are relevant provisions in 
our Patent Act as follows : 
657.  In order to implement the spirit declared by the Doha Declaration on the TRIPS Agreement 
and Public Health and the WTO General Council resolution, and for purposes of assisting Members 
with insufficient or no manufacturing capacity in the pharmaceutical se ctor to obtain pharmaceutical 
product(s) needed for treating HIV/AIDS, tuberculosis, malaria and other epidemics, according to 
Article s 90 and 91 of our Patent Act, when complying with certain requirements and agreeing to 
comply with the relevant regulatio ns prohibiting the re -export of compulsory licens ed 
pharmaceuticals, the Specific Patent Agency may, upon request, grant a compulsory license to the 
requestor to exploit a patent concerned for the purpose of producing and importing pharmaceutical 
product(s ) to these Members.  
658.  Besides, according to Article 60 of our Patent Act, the effects of the patent right shall not 
extend to research and trials, including their practical requirements, necessary for obtaining 
registration and market approval of drugs under  the Pharmaceutical Affairs Act or obtaining market 
approval of pharmaceuticals from a foreign country. It will help the pharmaceutical companies to 
obtain marketing approvals, so that the general public can choose and obtain more reasonable 
pharmaceutical  product(s) as soon as possible.  
659.  Regarding drug prices, our National Health Insurance adopts a value -based pricing mechanism 
in new drug pricing wh en a new drug has to obtain market approval before listing. To ensure rational 
allocation of medical resource s, a new drug has to undergo pricing review procedures prior to listing, 
in which the economic and therapeutic values of the new drug are evaluated, and the listing prices 
are decided based on the evaluation results.  
660.  Regarding drugs covered by our Nationa l Health Insurance, to ensure reasonable listing prices, 
price and volume surveys are implemented, so that price adjustments can be done by referring to 
the actual transaction prices and to reflect the real situation on the market. Besides, patents are 
taken into consideration in the price adjustments, in which listed drugs are classified into various 
categories based on their patent status and different price adjustment formulas are applied to 
different categories.  IP/C/M/93/Add.1  
 
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 661.  Our National Health Insurance adopts a va lue-based pricing mechanism in new drug pricing. 
In terms of pricing methods, a new drug is priced based on international prices of the new drug, or 
the listing prices or the international prices of the comparators, and may enjoy mark -ups in certain 
cases such as drugs with better clinical benefits. Certain drugs such as those used for rare diseases 
can not only be priced based on the international prices of related products, but can also be priced 
by cost -calculation methods.  
662.  The decision o n new drug prici ng review is made by a joint meeting composed of stakeholders 
including authority officials, scholars and experts, beneficiaries, employers, healthcare providers , 
etc. Moreover, the meeting minutes and meeting sound records are disclosed on the website.  
663.  Regarding the improvement of the transparency of the patent landscape of medical 
technologies, our Pharmaceuticals Affairs Act was amended on January 31 last year (2018) to 
introduce the system of patent linkage of drugs, entered into force on August 20 this  year. According 
to the main points of the amendments, the holder of a new drug permit should submit the patent 
information regarding such drug within 45 days after the receipt of the drug permit. The holder of a 
new drug permit should also list and make p ublic the patent information of the new drug in the 
Registration System for Patent Linkage of Drugs.  
664.  Through patent linkage, we ask the holders of new drug permits to disclose patent information 
of the drugs soon after market launch. By making such inform ation public, we encourage generic 
drug companies to learn the patent status of the new drugs first, and carry out necessary 
circumvention as they develop their own drugs. This shall help to reduce risks of suspension of sales 
caused by infringement disput es after the drugs are put on the market and also provide more 
comprehensive IP protection for drugs.  
14.6  Brazil  
665.  We thank South Africa for its communication to t he Council. As a country that offers universal 
health and medical care, a constitutional right in Brazil, we reaffirm the importance of reaching the 
right balance between access to medication and the development of new treatments by the 
pharmaceutical indu stry.  
666.  The increasingly high prices of health products and therapies are not only the reality of several 
developing countries but also many developed countr y Members . 
667.  The latest multilateral initiatives on the promotion of transparency of costs of health products 
– such as the "WHO Technical Report on the Pricing of Cancer Medicines ", the "WHO Roadmap on 
Access to Medicines and Vaccines ", the "Transparency Resolution " adopted by the 72nd World Health 
Assembly, and the resolution on "Access to medicines and vaccines " adopted by the Human Rights 
Council, promoted or sponsored by Brazil - have relied on substantial support from a wide range of 
countries from different econo mic and geographical backgrounds.  
668.  While acknowledging that the matter of pricing of medicines is a complex one, involving 
questions relating to supply, taxation, infrastructure, or regulatory aspects, we should not refrain to 
acknowledge that patents, mark et practices and lack of data also play a significant role.  
669.  The WTO Multilateral Agreements and, consequently, the TRIPS Agreement were built upon a 
very fine balance of rights and obligations, where mutual concessions led to agreement. Therefore, 
discussi ons on the use of TRIPS flexibilities, including the provisions of the Doha Declaration on 
TRIPS and Public Health, which is an integral part of this fine balance, should not be considered 
politically sensitive.  
670.  Brazil remains committed to promoting access  to quality, safe, effective and affordable health 
products, which we believe is an essential role of governments and multilateral organizations.  
671.  In this sense, it is fundamental that all interested actors – governments, civil society and the 
private secto r – dialogue and contribute to creative solutions to achieve these goals.  IP/C/M/93/Add.1  
 
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 14.7  Switzerland  
672.  This delegation acknowledges the importance of , and fully supports  the goals contained in , the 
2030 Agenda for Sustainable Development, including goal number three  to ensure healthy lives and 
promote wellbeing for all at all ages.  
673.  By incentivizing research and development of new medicines, the IP system and patents play  
a key role in making further progress towards achieving goal number three  by 2030.  
674.  The communication of S outh Africa further refers to the TRIPS flexibilities, confirmed in the 
Doha Declaration on the TRIPS Agreement and Public Health in 2001. Member s are free to use these 
flexibilities in situations where they have to address a public health problem under the Declaration.  
675.  In addition, Member s agreed on including Art icle 31bis in the TRIPS Agreement, providing for 
a compulsory license for export purposes  to address the particular needs of WTO Member s with 
insufficient or no manufacturing capacities in the pharmaceutical sector.  
676.  While these TRIPS flexibilities are there for Member s to be used in appropriate circumstances, 
it is important to underline that the IP system and patents can only perform their function and 
incentivize the necessary investment needed to develop new drugs for unmet medical needs, if IP 
protection is the rule - and making use of a flexibility remains the exception.  
677.   The IP system pro ved to be instrumental in the unparalleled success story of modern 
medicines over the last 100 years, for the benefit of both developed and developing countries.  
678.  This said, more progress is needed to address illnesses that still today are not curable, whe ther 
communicable or non -communicable diseases. The IP and patent system will play a crucial role in 
mastering this challenge. Where not sufficient on their own to incentivize investment in R&D - as 
may be the case in areas such as neglected tropical disea ses or drug -resistant bacteria - additional 
incentives are needed to complement the incentives of the patent system.  
679.  It is the essence of the patent system to grant to the inventor a time limited right for the 
commercial exploitation of her or his inventio n. The patent system is central as it addresses and 
remedies an economic market failure, in order to reward and promote innovative and creative 
activity. As any right, an IP right can be abused. In such cases competition law may provide a 
remedy. Beyond th is, competition and or anti -trust law are outside of the field of responsibility of 
this Council.  
680.  My delegation considers also the pricing of medicines as well as the cost of research and 
development to be outside of the purview of the TRIPS Council. The WHO is currently examining 
questions in this regard, as the communication of South Africa also notes.  
681.  Having said this, it would be misleading in this delegation 's view to imply that the price of a 
medicine is directly related to patents. To ask for a spe cific price, is not a right conferred by a patent 
on its owner.  
682.  In sum, the IP system, and for cases such as neglected diseases, complementary  incentive 
and financing systems are needed, to ensure that innovative and more effective medicines and 
medical technology continue to be developed also in the future, to reach the goal of healthier lives 
and wellbeing for all.  
14.8  Japan  
683.  For the purpose of having me aningful discussions under this agenda item, the delegation of 
Japan would like to suggest other Members  to note that it might be better to take a more thorough 
and cautious approach, taking into account not only the interests of third parties but also tho se of 
patent -rights holders.  
684.  We all should note that the development of new and innovative medical technologies needs so 
much cost and takes so much time as well, and therefore Japan believes that there should be an IP/C/M/93/Add.1  
 
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 appropriate mechanism to incentivize the  development of such technologies not only for the 
developed country Member s but also for the whole world.  
685.  In addition, this delegation would also like to point out that it should not be focused on the 
price too much since there is a huge difference in cos ts between a medicine based on a new chemical 
entity (NCE) not previously used in any pharmaceutical product, and an incremental modification of 
an existing medicine. However, even for NCEs the stated costs differ widely.  
686.  Generally speaking, we have the ne ed to protect intellectual property to encourage 
development of new and effective drugs so that new essential drugs will continuously be developed.  
14.9  United States of America  
687.  The United States respects Members ' right to protect public health and, in particular, to 
promote access to medicines for all, as affirmed in the Doha Declaration on TRIPS and Public Health.   
688.  The United States is firmly of  the view that international obligations such as those in the 
TRIPS  Agreement have sufficient flexibility to allow trading partners to address the serious public 
health problems that they may face.  
689.  The United States supports the vital role of the patent s ystem in promoting the development 
and creation of new and innovative life -saving medicines and urges Member s to consider ways to 
address their public health challenges while also maintaining IP systems that promote innovation.  
690.  Pricing of medicines is a ve ry important issue that is currently being discussed in the United 
States.  
691.  However, we do not believe that it is an appropriate topic for TRIPS Council.  
692.  It is important to recognize that drug pricing and drug availability are complex issues. There 
are ma ny factors that play a role in it, with IP rights being just one of those factors.  
693.  As has been noted during this discussion, the WHO -WIPO -WTO joint study on Promoting 
Access to Medical Technologies and Innovation (the "Trilateral Study ") highlighted many f actors that 
contribute to the availability of medicines.  Such factors include regulatory barriers; taxes and tariff 
policy; procurement mechanisms; increase in the production, sale and use of the 
substandard/fake/counterfeit medicines; complex supply chain s; and the list goes on.  
694.  We believe that the narrowly -focused mandate of the UN High Level Panel was flawed and 
therefore cannot lead to outcomes that adequately address this issue.  
695.  While patents do play a role in the pricing of products covered by patent protection, the 
primary role of patents is in incentivizing the development of new drug products.  Discussions on the 
pricing of new drug products are moot if there are no new drug products being developed.   
696.  In our view, a robust patent system does not prev ent countries from taking measures to 
protect public health.  
697.  An effective patent system not only incentivizes the discovery of new drugs, new uses for 
existing drugs, and improvements on existing drugs, such as methods that improve drug efficacy, 
but also importantly enriches the public domain as patents expire.  
698.  This balance is best shown by the leading role of the United States in pharmaceutical 
innovation and by the strength of the generic market, with nine out of ten prescriptions being filled 
in the Uni ted States with generic drugs.   
699.  Without patent protection, especially in the pharmaceutical field, research into new drugs, new 
uses of existing drugs, and improvements to existing drugs would dramatically decline.  IP/C/M/93/Add.1  
 
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 700.  In terms of pricing, it is important that  patents are not issued for old and obvious ideas and 
that the patent term is not inappropriately extended, so that generic manufacturers can make 
medicines available at lower prices.  
701.  It is necessary to look at the whole picture in order to improve the sit uation.  A narrow focus 
on patent rights as ostensibly obstructing the availability of reasonably priced medicines would 
distort a complex and multifaceted picture and would leave out many factors that are fundamental 
in addressing pricing and access to med icines issues.  
702.  The experience of the United States shows how patent and pharmaceutical data protection 
stimulate an environment that promotes innovation, R&D, job creation, and the creation of new life -
saving products.  In turn, this environment maintains a nd promotes a strong generic pharmaceutical 
industry, which accounts for over 90% of all prescriptions filled in the US.  
703.  Finally, with respect to the proposal to keep this agenda item open, we request that the Council 
follow the agreed rules of procedure r egarding how items are added to the agenda.  
14.10   South Africa  
704.  We would like to thank all delegations that took the floor. Just a short refle ction on this debate. 
We thank especially the European Union delegation for having intervene d and having ra ised 
important points.  
705.  I would like to point out that this particular item does not deal with competition policy as such. 
It deals with price transparency and so is different in emphasis. I believe that in respect of the UN 
High Level Panel Report we disagree that the panel ’s mandate was narrowly focus ed on the issues 
that both the European Union and the US point out. We note that some o f the EU member  States  
have taken different views on the issue including in the World Health Organization related to 
transparency of medicine pri ces.  
706.  We would also like to address the issue of competition. The paper does not deal with 
competition per se . We would like to point out that the TRIPS Agreement is replete with references 
to competition. This specific Division has competition in its titl e. So, essentially, I think that as 
Members of the WTO we are competent to talk about competition . This is  not to say that competition 
is the only issue on the table. We also thank some of the interventions which focus ed on the fact 
that access to medicine s is complicated by various factors. I think we could agree. Anyone who reads 
the Trilateral Study which was issued fully understand s that it is a complex landscape. The only 
purpose of putting this item on the agenda was essentially to focus attention on high medicine prices , 
and to also highlight the fact that transparency may  be one of the main issues that we could use to 
look at this particular issue.  
707.  South Africa ha s been proactive in ensuring that when it comes to the pricing of medicines ,  
all the r ight policy and regulatory frameworks are in place , including a single price existence which 
is compose d of a bas ket of various inputs based on purchasing parity of consumers , which is revised 
from time to time when authorization s are given for medicine as such. We also would like to touch 
on one of the points raised by the EU in respect of the WHO Essential Medicine s List. Many of the 
medicine s on the  list are of f-patent  as correctly indicated . Over the course of time also patente d 
medicines would be added to that list. These medicines remain quite expensive  and so one of the 
issues i s that given the fact that these medicines remain expensive they do put pressure on budgets 
that countries have for health purposes.  
708.  We also would li ke to thank Switzerland for their intervention. We believe that prices 
necessarily imply that the patent exist s, but pricing is also relevant in how companies essentially 
make a decision as to what level of pricing to introduce for that particular product or technology. As 
we indicate in our paper there are other factors which need to be included in this pricing decision 
including the fact that some of the research into medicine and high technology is from public funding , 
and as a result these inputs must b e reflected and essentially the saving s or support must be pas sed 
on in how final pricing methodologies are reach ed. I also recall the intervention of the United States 
which indicated that w here public money is invested by the United States Government int o the 
development of a product , the government usually insist s on some government use license . These IP/C/M/93/Add.1  
 
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 are all things that we have to take into account. I think this is a useful opportunity for us to reflect 
on the factors that affect access to medicines , one of them being the pricing.  
709.  We also want to emphasi ze, as we have throughout this discussion on IP and the public 
interest , that there is no one magic bullet . We have to ensure that the system works overall . All of 
us have to do certain things including us developing countries getting our regulatory systems to 
work, ensuring that we have the right mechanism to invo ke flexibilities . We emphasis e this fact over 
and over again , and essentially also to ensure that the right balance is struck between private and 
public interest s as maybe the case when it comes to patents . So from that perspective, I would like 
to thank delegations for the positive constructive intervention s that we heard in this regard.  
14.11   World Health  Organization  
710.  The World Health Organization carefully reviewed the communication from South Africa 
contained in document IP/C/W/659 on Int ellectual Property and The Public Interest: R&D Costs and 
Pricing of Medicines and Health Technologies , and in order to contribute to the debate of the TRIPS 
Council in relation to this topic we would like to share recent related information and activities  from 
WHO.  
711.  During the last World Health Assembly in May 2019, WHO members , "Seriously concerned 
about high prices for some health products, and inequitable access to such products within and 
among Members , as well as the financial hardship associated with  high prices which impede progress 
towards achieving universal health coverage ", approved the so -called "Transparency Resolution ", 
WHA72.8, co -sponsored jointly by more than 20 developed and developing countr ies (including 
South Africa), on improving the transparency of markets for medicines, vaccines, and other health 
products.  The Resolution recognizes "that the type of information publicly available on data across 
the value chain of health products, including  prices effectively paid by different actors and costs, 
vary among Members  and that the availability of comparable price information may facilitate efforts 
towards affordable equitable access to health products ". The Transparency Resolution urges 
members , inter alia , to share information on net prices of health products as well as on costs from 
human subject clinical trials; to facilitate improved public reporting of patent status information and 
the marketing approval status of health products; and to impr ove national capacities, including 
through international cooperation and open and collaborative R&D and production of health products 
in particular in LMICs.  
712.  The WHO Secretariat will continue to support members  in collecting and analy sing information 
on economic data across the value chain for health products and data for policy development towards 
achieving universal health coverage and SDGs.  We will continue supporting efforts to determine the 
patent status of health products and promote publicly availab le user -friendly patent status databases 
for public health actors and procurement agencies.  In the context of WHO 's work on the Global 
Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, th e current  week 
we launched a questi onnaire addressed to members , which requires an intersectoral response, in 
particular from national public health authorities and patent offices, to collect information to facilitate 
implementation of the prioritized recommendations included in the global strategy.  In order to 
provide information on and an opportunity to ask questions and/or request further clarifications on 
the completion of the questionnaire, the WHO Secretariat is inviting member  State missions covering 
health and intellectual property t o an information session at WHO headquarters on Tuesday, 12 
November 2019.  
14.12   European Union  
713.  I would like to thank South Africa and WHO for what they have said  and also, I would like to 
thank other delegates for the points they have raised.  
714.  When it comes to transparency of the cost of medicines members of the E uropean Union and 
the EU would agree that we have to provide guaranties and we hav e to work together so we can 
boost transparency in the marketplace . But the actual cost of producing medicines is relatively low 
or basically zero in some cases.  IP/C/M/93/Add.1  
 
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 715.  As was said by colleagues of WHO, other factors have to be borne in mind such as research 
and development : these costs are the highest and the most bur densome  for the pharmaceutical 
industr y.  
716.  If we look at the procedure  for bringing to market , clinical  and pre -clinical  tests can take years . 
Public funding differ s between EU Members and differs ar ound the world. Everyone knows that such 
help, subsidies which vary , are quite often part of the pricing.  
717.  I would like to add that the communication which  was shared by South Africa is very interesting 
but is something that we also raised during the panel discussion a t the UN .  
718.  A patent gives you a monopoly , gives you an operating monopoly , there is no doubt of that , 
and a monopoly is allocated to all medic ines of the same company. There are medicines , there is 
development , there is research  but out of that research only very few medicines get to market and 
that cost s money. Therefore , there is a transparency cost here because pharmaceutical companies 
are in  a very competitive market and must have return on investment. We cannot leave aside those 
facts. Those are market facts.  
719.  We do not think in the EU that we confuse competition policy with this. In the EU , within a 
single market , competition in the pharmac eutical sector is treated  in the same way  as for any other 
sector. We recognize the actual cost of the medicine is something which is very delicate . I did not 
want you to be confus ed and let South Africa 's communication say what it does not.  
15  INFORMATION ON RELEV ANT DEVELOPMENTS ELS EWHERE IN THE WTO  
15.1  Dispute Settlement  
720.  No statements were made under this agenda item.  
15.2  IPR-Related Issues in Trade Policy Reviews and the Director -General 's Monitoring 
Reports  
15.2.1   WTO Secretariat  
721.  As on previous occasions, the Secretariat will provide a brief update of the issues related to 
intellectual property policy that have come up in the most recent Trade Policy Reviews.  
722.  Since the last TRIPS Council Meeting in June, the Trade Policy Reviews of Canada, North 
Macedonia, Suriname and Costa Rica have taken place. These reviews have covered a very wide 
range of intellectual property and related trade policy issues. During these reviews, developed and 
devel oping -country Members have continued to actively register their interest in TRIPS -related 
issues, by addressing specific follow -up questions on current aspects of the IP system of the Member 
under review. The areas of particular interest shown by Members i nclude:  
• Implementation of the TRIPS Agreement;10 
• Copyrights and related rights;11 
• Trademark regime;12 
• Geographical indications;13 
• Patent regime;14 
• Protection of plant varieties;15 
                                                
10 Suriname . 
11 Canada, North Macedonia, Suriname, Costa Rica . 
12 Suriname . 
13 Canada, Costa Rica . 
14 Canada, Costa Rica, Suriname . 
15 Canada . IP/C/M/93/Add.1  
 
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 • Protection of trade secrets;16 
• Enforcement, online and at the border;17 
• Implementati on of national intellectual property strategies;18 
• Accession to, and implementation of, WIPO instruments.19 
723.  The Secretariat has also prepared the TRIPS -related sections for the end -year G20 and 
WTO-wide Director -General's Monitoring Reports, which will be circulated in late November.  
724.  The section on "Policy Developments in Trade and Intellectual Property" in the Monitoring 
Reports highlights the national IP strategies being implemented by China, Myanmar and Turkey; as 
well as the information on developments in domestic legislation and administrative issues submitted 
for the monitoring exercise by Australia, Brazil, Chile, China, Indonesia, Mauritius, the Philippines, 
Chinese Taipei, the Kingdom of Saudi Arabia, South Africa, Thailand and Turkey.  
16  OBSERVER STAT US FOR INTERNATIONAL  INTERGOVERNMENTAL O RGANIZATIONS  
16.1  Bangladesh  
725.  On the issue of observer status, the delegation of Bangladesh reiterates its position stated in 
earlier meetings. Bangladesh would like to support the South Centre to be granted observer status 
to this Council.  
16.2  Venezuela, Bolivarian Republic of  
726.  My delegation maintains its position regarding this agenda item, that is, admitting the South 
Centre as obser ver to the TRIPS Council.  
16.3  South Africa  
727.  South Africa would like to reiterate its previous statements in this regard.  
16.4  United States of America  
728.  The United States cannot join  the Member s seeking to include the South Centr e as an observer, 
either on a permanent or ad hoc  basis.  
729.  The United States values the contributions of Members  and is satisfied with the current set of 
ad hoc  and permanent observers.  We do not see a gap that needs filling by adding new observers 
at this time.  
16.5  China  
730.  China supports that the CBD Secretariat and South Centr e should be granted observer status, 
at least on an ad hoc  basis.  
17  ANNUAL REPORT  
731.  No statements were made under this agenda item.  
                                                
16 North Macedonia . 
17 Canada, North Macedonia, Costa Rica, Suriname . 
18 Canada, North Macedonia, Costa Rica . 
19 Canada, Costa Rica . IP/C/M/93/Add.1  
 
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 18  OTHER BUSINESS  
18.1  Dates for TRIPS Council Meetings in 2020  
732.  No statements were made under this agenda item.  
18.2  Work Programme on Electronic Commerce  
18.2.1   Norway  
733.  First, I like to admit that it is good to be back in the  TRIPS Council after 19 years absence.  
734.  Many of the current discussions circle around the same issues as then. That shows that these 
issues are of great importance to the Member ship. 
735.  But if it is one single issue that has had a major role in turning my hair grey in those 19 years , 
it is the Council’s lack of addressing  the obligation to discuss electronic commerce given to the TRIPS 
Council by numerous and consecutive  Ministerial Conferences. It 's been a while since the work 
programme has been on the agenda for the Council and the mandatory  repor ting to the 
General  Council has reflected this.  
736.  The world has changed. The basic principles are still the cornerstones but technological  
developments have changed the way IPR s are used, misused, shared, stolen and utilized. When 
consumers buy the right to read an e -book on a tablet it is a far more limited right than buying a 
book, and the right to stream audio -visual  content for listening and viewing normally does not include 
the right to resell or to distribute that content to others via electronic networ ks. 
737.  Norway will therefore thank you for putting this important issue on the agenda for th e meeting.  
738.  Norway looks forward to this discussion and is ready to participate actively in discussions about 
how the development of the digitalized society affects trade-related intellectual property rights and 
the pivotal role of IPR in such a society.  
18.2.2   South Africa  
739.  We would ec ho Norway's intervention in many ways. We do have a mandate and we also have 
a work programme. South Africa together with India has been active in trying to highlight a certain 
aspect of this mandate , including an approach to the moratorium. We believe that  a more active 
discussion on these matters would enhance the overall status and understanding of matters that 
arise out of what we call the fourth industrial revolution. From this p erspective, South Africa may 
put something on the agenda of the next TRIPS Council. I cannot say for certain that this would 
happen because I may not be here. I t would depend on my colleagues who take over from me to 
continue this particular debate. Also, I would like to thank my colleagues for the support that I have 
received in  the TRIPS Council and specifically from the Secretariat. I really appreciate that and I 
believe that there is much to talk about.  
18.2.3   Mexico  
740.  I thank the Council for granting the exception which now allows us to include an intervent ion 
on this topic.  
741.  Regarding the outcome of discussions on the draft Review of the Standard for Follow up 
Formula at the last meeting of CODEX Alimentarius, Mexico is working on a paper that will outline 
its concerns with respect to the provisions of the T RIPS Agreement, and which it will present at the 
next meeting.  
 
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