RESTRICTED  
  
IP/C/M/92/Add.1  
 
22 July 2019 
(19-4843) Page: 1/53 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
MINUTES OF MEETING  
HELD IN THE CENTRE W ILLIAM RAPPARD ON 6 JUNE  2019 
Chairperson: H.E. Ambassador Lundeg Purevsuren  (Mongolia ) 
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held on 
6 June  2019.  
 
_______________  
 
Table of Contents  
 
1   ELECTION OF CHAI RPERSON  ................................ ................................ .......................  5 
2   NOTIFICATIONS UN DER PROVISIONS OF TH E AGREEMENT  ................................ ........  5 
3   REVIEW OF NATION AL IMPLEMENTING LEGI SLATION  ................................ ..............  11 
4   REVIEW OF THE PR OVISIONS OF ARTICLE 27.3(B)  ................................ ...................  11 
5   RELATIONSHIP BET WEEN THE TRIPS AGREE MENT AND THE CONVENT ION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................  11 
6   PROTECTION OF TR ADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ... 11 
7   NON-VIOLATION AN D SITUATION COMPLAIN TS ................................ .......................  18 
8   REVIEW OF THE IM PLEMENTATION OF THE TRIPS AGREEMENT UNDE R 
ARTICLE 71.1  ................................ ................................ ................................ .................  22 
9   REVIEW OF THE AP PLICATION OF THE PRO VISIONS OF THE SECTI ON ON 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 ................................ ....................  22 
10   TECHNICAL COOPE RATION AND CAPACITY BUILDING  ................................ ............  22 
11   INTELLECTUAL PR OPERTY AND INNOVATIO N: PUBLIC -PRIVATE 
COLLABORATIONS IN IN NOVATION - INNOVATIV E APPROACHES TO ASSI STING 
IN BRANDING AND PROM OTION AND THE CREATI VE INDUSTRIES  ................................  22 
12   INFORMATION ON RE LEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  48 
12.1   Dispute Settlement  ................................ ................................ ..............................  48 
12.2   Amendment to the TRIPS Agreement  ................................ ................................ ... 48 
12.3   IPR-Related Issues in Trade Policy Reviews  ................................ ........................  48 
13   OBSERVER STATUS  FOR INTERNATIONAL I NTERGOVERNMENTAL 
ORGANIZATIONS  ................................ ................................ ................................ ...........  49 
14   OTHER BUSINESS  ................................ ................................ ................................ .... 50 
14.1   Annual Review of the Special Compulsory Licensing System  ................................  50 IP/C/M/92/Add.1  
 
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  14.2   Annual Review under Paragraph 2 of the Decision on the "Implementation 
of Article 66.2 of the TRIPS Agreement " ................................ ................................ ........  50 
14.3   Other  Planned Activities for the Benefit of LDCs  ................................ ..................  50 
14.4   Work Programme on E -Commerce  ................................ ................................ ........  52 
14.5   Date of the Next Meeting ................................ ................................ ......................  52 
 
  IP/C/M/92/Add.1  
 
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  INDEX OF THE STATEMENTS MADE  
AT THE MEETING OF COUNCIL FOR TRIPS 13 FEBRUARY 2019 * 
 
 
 
Australia  
Biotech, Biodiversity, TK  ......................  17 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  24 
Notifications  ................................ ... 5, 11 
Bangladesh  
Biotech, Biodiversity, TK  ......................  13 
Non-Violation  ................................ ...... 21 
Observer Status  ................................ .. 49 
Planned Activities for the Benefit of LDCs  51 
Benin, on behalf of the LDC Group  
Biotech, Biodiversity, TK  ......................  11 
IP & Innovation – Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  39 
Non-Violation  ................................ ...... 18 
Planned Activities for the Benefit of LDCs  50 
Bolivia, Plurinational State of  
Biotech, Biodiversity, TK  ......................  12 
Observer Status  ................................ .. 49 
Brazil  
Biotech, Biodiversity, TK  ......................  14 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  46 
Non-Violation  ................................ ...... 20 
Observer Status  ................................ .. 50 
Canada  
Biotech, Biodiversity, TK  ......................  17 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  34 
Non-Violation  ................................ ...... 22 
Notifications  ................................ .........  9 
Chile  
IP & Innovati on - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  35 
China  
Biotech, Biodiversity, TK  ......................  15 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  43 
Non-Violation  ................................ ...... 22 
Observe r Status  ................................ .. 49 
Colombia  
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  39 
Cuba  
Amendment to the TRIPS Agreement  ..... 48 
Notifications  ................................ .........  6 
European Union  
Date of the Next Meeting  .....................  52 IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  36 
Notifications  ................................ .........  8 
India  
Biotech, Biodiversity, TK  ......................  15 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  45 
Non-Violation  ................................ ..... 21 
Observer Status  ................................ .. 49 
Indonesia  
Biotech, Biodiversity, TK  ......................  14 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  44 
Non-Violation  ................................ ..... 21 
Japan  
Biotech, Biodiversity, TK  ......................  14 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  22 
Notifications  ................................ .........  5 
Korea, Republic of  
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  38 
Mexico  
Biotech, Biodiversity, TK  ......................  11 
Date of the Next Meeting  .....................  52 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  43 
Notifications  ................................ ....... 10 
New Zealand  
Biotech, Biodiversity, TK  ......................  16 
Nigeria  
Biotech, Biodiversity, TK  ......................  13 
Non-Violation ................................ ..... 19 
Norway  
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  41 
Peru  
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  47 
Russian Federation  
Biotech, Biodiversity, TK  ......................  17 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  42 
Singapore  
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  33 IP/C/M/92/Add.1  
 
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  South Africa  
Biotech, Biodiversity, TK  ......................  16 
Non-Violation  ................................ ...... 18 
Observer Status  ................................ .. 49 
Switzerland  
Biotech, Biodiversity, TK  ......................  12 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  31 
Non-Violation  ................................ ...... 21 
Chinese Tai pei 
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  29 
Notifications  ................................ .........  8 Ukraine  
IP & Innovation - Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  39 
United States of A merica  
Biotech, Biodiversity, TK  ......................  18 
IP & Innovation – Public -Private 
Collaborations in Innovation - Promotion 
and the creative industries  ................  26 
Non-Violation  ................................ ..... 20 
Notifications  ................................ .........  9 
Observer Status  ................................ .. 49 
Venezuela, Bolivarian Republic of  
Observer Status  ................................ .. 49 
WTO Secretariat  
Information on Developments in WTO  ... 48 
Notifications  ................................ .........  9 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_______________  
*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/92/Add.1  
 
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  1  ELECTION OF CHAIRPER SON 
1.  No statements were made under this agenda item.  
2  NOTIFICATIONS UNDER PROVISIONS OF THE AG REEMENT  
2.1  Australia  
2.  Since Australia last updated the Council under this agenda item, we have introduced further 
legislative and regulatory changes, which have been notified to the WTO Secretariat using the 
e-TRIPS platform.  
3.  In brief, the changes are as follows:  
a. First, the Int ellectual Property Laws Amendment (Productivity Commission Response Part 
1 and Other Measures) Act 2018 [IP/N/1/AUS/19]:  
▪ clarifies the circumstances in which the parallel importation of trademarked 
goods does not infringe a registered trademark;   
▪ changes  the period that must elapse before certain non -use actions of a 
trademark can be taken;   
▪ closes a loophole to improve how essentially derived variety declarations can 
be made for plant breeders ' rights;    
▪ removes a requirement for patentees to provide c ertain data relating to 
pharmaceutical patents with an extended term; and  
▪ implements a number of measures intended to streamline and harmonise the 
administration of the Australian IP system.  
 
b. Second, new regulations were introduced to give effect to these  legislative amendments 
[IP/N/1/AUS/20] . 
c. Third, the Wine Australia Regulations 2018  [IP/N/1/AUS/21] were introduced, replacing 
the former Australian Grape and Wine Authority Regulations, which were automatically 
repealed according to a pre -determine deadline. The new Regulations removed redundant 
provisions, simplified language and restructured provision s for ease of use.   
d. Fourth, the Copyright (International Protection) Amendment Regulations 2018  
[IP/N/1/AUS/18]  extended protection for secondary uses of sound recordings in Australia 
to recordings from an additional 32 countries which provide equivalent protection to 
Australian sound recordings.  
e. Fifth, the Copyright Amendment (Online Infringement) Act 2018  [IP/N/1/AUS/17]  
amended the online copyright infringement scheme in section 115A of the Copyright Act 
1968, which is aimed at allowing the Federal Cour t of Australia to issue injunctions 
requiring the blocking of access by users in Australia to overseas online locations that 
facilitate large -scale infringement of copyright.  
f. Sixth, the Copyright Amendment (Service Providers) Act 2018  [IP/N/1/AUS/15]  extended 
the operation of the safe harbour scheme in the Copyright Act 1968 and limited legal 
remedies available against carriage service providers to a broader range of service 
providers in the disability, educational and cultural sectors  
g. And finally, new reg ulations were introduced to give effect to the legislative amendments 
contained in this Act [IP/N/1/AUS/16].  
2.2  Japan  
4.  This delegation is pleased to inform the Council that Japan recently amended various laws. These 
include the Copy right Act; the Act on Protection of the Names of Specific Agricultural, Forestry and 
Fishery Products, and Foodstuffs; the Trademark Act; the Patent Act; and the Act concerning 
International Applications. Japan notified this Council about the amendments in  accordance with IP/C/M/92/Add.1  
 
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  Article 63.2  of the TRIPS  Agreement . The reference numbers are IP/N/1/JPN/36 , 37, 38, 39 and 40. 
Taking this opportunity we would like to briefly explain some major points about the amendments.  
5.  First, the Copyright Act was amended in order  to meet various new needs that have arisen with 
the development of digitalization and networking. Based on this amendment, works can be easily 
used in the information industry, without requiring authorization from right holders, as long as the 
works are u sed for the purpose of learning as a means to develop artificial intelligence. The Copyright 
Act was also amended in order to comply with the Comprehensive and Progressive Agreement for 
Trans -Pacific Partnership (CPTPP ). Based on this amendment, the term of protection of works was 
extended to 70 years after the author 's death.  Japan notified t he amendment in document 
IP/N/1/JPN/36.  
6.  Secondly, the Act on Protection of the Names of Specific Agricultural, Forestry and Fishery 
Products and Foodstuffs was amended to add a transitional period of prior use and expand the 
regulatory scope to encompass advertisement and price lists. Japan notified the amendment in 
document IP/N/1/JPN/37.  
7.  The Trademark Act was also amended and notified in document  IP/N/1/JPN/38.  
8.  Lastly, the Patent Act and the Act concerning International Applications were amended in order 
to implement a new system for reducing and exempting fees. Japan notified these amendments in 
IP/N/1/JPN/39 and 40.  
9.  The Government of Japan will continuously fulfil its obligation to ensure the accessibility and the 
transparency of the Japanese intellectual property system.  
2.3  Cuba  
10.  In November 2001, Cuba commenced review of the implementing legislation for the 
TRIPS  Agreemen t. At that time, it submitted Decree -Law No. 203 of 24 December 1999 on 
trademarks and other distinctive signs and its implementing regulations, approved by Resolution 
No. 63/2000 of 22  May 2000, together with the legislation supplementing the measures on 
compliance and the replies to the Checklist of Issues on this topic.  
11.  Subsequently, in 2002, it submitted Decree -Law No. 228 of 20 February 2002 on Geographical 
Indications  and the replies to the Checklist of Questions pursuant to Article 24.2 of the Agreem ent. 
12.  In 2013, it submitted laws on patents, industrial designs, plant varieties and layout -designs of 
integrated circuits, which are the subject of Decree -Laws Nos. 290, 291 and 292 of 
20 November  2011, respectively, which entered into force in April 2012.  
13.  In 2014, the Council of Ministers approved the policy on the industrial property system, based 
on the country 's economic and social development guidelines.  
14.  The policy underpinning the industrial property system in Cuba enables the adoption of 
measures to protect public health and nutrition, safeguard public interests for scientific -technological 
and socioeconomic development, and counteract any inappropriate use of acquired industrial 
property rights or practices that unjustifiably restrict trade or underm ine technology transfers. It 
also ensures the protection, management and commercialization of industrial property rights and 
undisclosed information.  
15.  In order to implement this policy and supplement the current regulatory framework, two 
Decree -Laws, two De crees and five Resolutions have been adopted. They are as follows:  
Decree -Law No. 336 of 30 June 2016: "Contractual provisions on industrial property in 
legal transactions " 
16.  This Decree -Law establishes the contractual provisions on industrial property that must be 
included in legal transactions for the purchase of technology, and economic, scientific and technical 
collaboration, and identifies restrictive contractual provisions that impede, limit or distort trade in 
an unreasonable or unjustified manner.  IP/C/M/92/Add.1  
 
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  17.  It seeks to ensure that the productive and commercial exploitation of industrial property 
intangible assets is based on contracts that do not include restrictive or unreasonable commercial 
clauses that undermine industrial and commercial performance in nation al and foreign investment, 
and that balance considerations and ensure that the recipient of the technology is granted freedom 
of business and commercial performance and the rights to future intangible goods. It also seeks to 
ensure that economic and scient ific-technical collaboration agreements include industrial property 
provisions that guarantee the protection of the parties ' rights to pre -existing knowledge, innovations 
and technologies and to the fruits of joint collaboration.  
Decree -Law No. 337 of 30 J une 2016: "Protection against unfair practices concerning 
industrial property " 
18.  The provisions of this Decree -Law apply to unfair practices concerning industrial property carried 
out by any means, by natural or legal persons, provided that such practices oc cur during the exercise 
of industrial or commercial activities.  
19.  The Decree -Law defines the acts considered to be unfair practices concerning industrial property 
(any act that runs counter to honest practices in industry and commerce, especially acts causin g 
confusion, false assertions, etc.) and provides for the protection of undisclosed information that is 
legitimately under the control of natural and legal persons, and of test data stored by regulatory 
bodies that authorize the marketing of pharmaceutical  and chemical products for agriculture that 
use new chemical entities. It also establishes who may apply to  the competent court and the actions 
that may be brought when economic interests are directly harmed or threatened by an unfair practice 
concerning i ndustrial property.  
Decree No. 342 of 28 February 2018: "Regulations implementing Decree -Law No. 290 on 
inventions and industrial designs " 
20.  This Decree establishes the Regulations implementing Decree -Law No. 290 of 
21 November  2011 on inventions and industr ial designs, which regulate the procedure for the 
granting of patents and certificates for the registration of utility models and industrial designs.  
Decree No. 343 of 28 February 2018: "Industrial property system " 
21.  This Decree seeks to establish the princi ples, objectives, rationale and indications for the design 
and implementation of the industrial property system of the Republic of Cuba. It provides a 
methodological guide for the management of the industrial property of the various social actors.  
Resoluti on No. 151 of 29 June 2018 of the Minister of Science, Technology and the 
Environment: "Regulations governing the implementation of the Patent Cooperation 
Treaty (PCT) in the Republic of Cuba " 
22.  This Resolution supplements Decree -Law No. 290 on inventions and industrial designs, updating 
the procedure for the implementation of the Patent Cooperation Treaty (PCT) in Cuba, especially in 
relation to the Cuban Industrial Property Office, which shall serve as the receiving, designated or 
elected Offic e for the filing of patent applications at the multinational level.  
Resolution No. 152 of 29 June 2018 of the Minister of Science, Technology and the 
Environment: "Procedure for the remuneration of inventors, authors and breeders " 
23.  This Resolution supplemen ts Decree -Law No. 290 on inventions and industrial designs and 
Decree -Law No. 291 on plant variety protection.  
24.  It establishes the procedure enabling authors, inventors and breeders to receive a share of the 
profits made by the entity through the exploitation of a creation obtained through a legal labour 
relationship or the provision of services, which has resulted in the issuance of a patent or registration 
that is in force in the territory of exploitation and generates economic benefits.  IP/C/M/92/Add.1  
 
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  Joint Re solution No. 1 of 29 June 2018 of the Minister of Agriculture and the Minister of 
Science, Technology and the Environment: "Procedure for the technical examination of 
plant varieties " 
25.  This Joint Resolution supplements Decree -Law No. 291 of 21 November 2011  on plant variety 
protection, which establishes the procedure for granting breeder 's rights over a plant variety.  
Resolution No. 60 of 29 June 2018 of the Director of the "Alejandro de Humboldt " Institute 
of Fundamental Research in Tropical Agriculture: "Regulation approving plant variety 
examination fees " 
Resolution No. 375 of 29 June 2018 of the Minister of Agriculture: "Regulation governing 
the establishment of the Examination Centre for the technical examination of plant 
varieties " 
26.  Both Resolutions supp lement Decree -Law No. 291 of 21 November 2011 on plant variety 
protection, which establishes the procedure for granting breeder 's rights over a plant variety.  
27.  This legislation demonstrates the implementation of industrial property in the Cuban legal 
system  in accordance with international standards, which contributes to the generation, 
development and protection of intellectual products, innovation, technology transfers, domestic and 
foreign investment, scientific and technological cooperation, and trade in  goods and services, which 
are balanced accordingly with national development interests and public policies.  
28.  I would like to thank the technical team of the TRIPS online platform for their assistance with 
the submission of this legislation through e -TRIPS.  
29.  Lastly, Cuba is ready to respond rapidly to any additional questions on the legislation presented 
in the meeting . 
2.4  Chinese Taipei  
30.  I am pleased to report that we duly notified to the TRIPS Council on 6 May 2019 our amend ment 
to the Patent Attorney Act in document IP/N/1/TPKM/22.  
31.  Articles 4, 37, and 40 of the Act have been amended to guarantee equal rights for persons with 
disabilities to engage in work and to pursue a freely chosen occupation. In addition, the Act no lon ger 
contains provisions that forbid people from practicing as patent attorneys or patent agents if they 
were diagnosed as suffering from mental illness or physical and mental abnormalities by specialist 
physicians commissioned by the relevant competent aut horities. The amendment entered into force 
on 23 November 2018.  
2.5  European Union  
32.  The European Union would like briefly to introduce  the notifications, documents IP/N/1/EU/22, 
IP/N/1/EU/23 and document IP/N/1/HUN/2 on beha lf of Hungary.  
33.  The two Acts notified by the EU are of an implementing nature. They supplement and give effect 
to rules on Geographical Indications  (GIs) in the wine sector contained in the basic acts, adopted in 
2013 Regulation (EU) No 1308/2013, which wa s notified to TRIPS in February 2017.1 
34.  The two Acts cover matters such as procedures for registration and for approval of the 
amendments to product specification, and clarify the roles of the producers, non -EU authorities and 
producers, and of the EU authorities.  
35.  Two main objectives have guided the Co mmission in this work: "to improve subsidiarity " and 
"to reduce the length of the procedures ". For example, producers in non -EU countries (or their 
national authorities) will be able to approve minor amendments to GIs protected in the EU without 
                                                
1 Document  IP/N/1/EU/G/4 -IP/N/1/EU/11.  IP/C/M/92/Add.1  
 
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  seeking EU  approval. This mirrors a similar simplification introduced within the EU. Six months 
deadline for the scrutiny of the Commission was introduced.  
36.  The two Acts represent a crucial simplification which will benefit to both EU and non-EU GI 
producers.  
37.  With re gards to document IP/N/1/HUN/2, Act LXVII of 2018 on the amendments to certain laws 
of industrial property (hereinafter referred to as Implementing Act) was published and the new rules 
are applicable from 1 January  2019 in Hungary. The Implementing Act pre dominantly introduces 
amendments to Act XI of 1997 on the Protection of Trade marks and Geographical Indications 
(hereinafter referred to as Trade mark Act) in order to transpose the Directive (EU) 2015/2436 of 16 
December 2015 to approximate the laws of the  Members relating to trademarks.  
38.  As the consequence of the amendments, trademark applications will no longer need to represent 
marks graphically. The new requirement is that the sign shall be capable of being represented in the 
register in a manner which e nables the competent authorities and the public to determine the clear 
and precise subject matter of the protection afforded to its proprietor.  
39.  The amendment also revises the system of absolute and relative grounds for refusal; redefines 
the scope and limi tations of trademark protection; clarifies the provisions on use of trademarks and 
details the procedural rules of renewal.  
40.  Furthermore, the Implementing Act translates changes into the legal text relating to 
international trademarks in the light of the re cent changes in the relationship of the 
Madrid  Agreement and the Madrid Protocol, Due to these changes, the Trade mark Act reflects the 
prevalence of the Madrid Protocol.  
2.6  Canada  
41.  Canada would like to note that we have submitted two notifications, regarding recent 
amendments to Canada 's Trademarks Act, as well as Canada 's new Industrial Design Regulations 
and accession to the Hague Agreement Concerning the International Registration of Industrial 
Designs. These amendment s have been submitted under document number IP/N/1/CAN/20 and 
IP/N/1/CAN/21, respectively, and will be circulated following the meeting.  
42.  Canada will be pleased to present both notifications in further detail at the next TRIPS Council 
meeting in Fall 2019, and thanks the Secretariat for accommodating Canada 's submission of both 
notifications prior to th e meeting.  
2.7  United States of America  
43.  The United States of America has thanked the EU for notifying these two reg ulations on 
geographical indications.  
44.  The US  understand that these two specific regulations have also been notified to the TBT 
Committee and there are active discussions in that forum.  
45.  The US  look forward discussing these regulations in a bilateral during the current  week.  
2.8  WTO Secretariat  
46.  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 upda ting 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 Sys tem, which is a means for submitting TRIPS 
notification 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.  
47.  Now, let me provide a quick update on the state of play of these two online tools.  IP/C/M/92/Add.1  
 
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  e-TRIPS Submission System  
48.  The e-TRIPS Submission System is an online tool for submitting:  
• TRIPS notifications, such as newly passed laws and regulations relevant to TRIPS;   
• TRIPS review materials , such as response s to the questionnaires established by the TRIPS 
Council; and  
• TRIPS -related Reports, such as regular reports on technical assistance and measures for 
technology transfer filed by some Members and some international intergovernmental 
organizations.   
49.  As ann ounced at the last TRIPS Council meeting in February and  mentioned in our email of 
8 March 2019 to TRIPS Council delegates, the e -TRIPS Submission System is now open and ready 
for your use.  
50.  As delegates will recall, the initial version released in March w as only available in English. Since 
then, the translation in French and Spanish has been completed and the e -TRIPS Submission System 
is now fully available in the three official WTO languages.  
51.  Please note that the e -TRIPS Submission System requires log -in credentials and is for Members ' 
use only. To date, over 35 Members have already requested their log -in credentials. 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 . 
52.  Our immediate emphasis is on supporting delegates and capital -based officials to become 
familiar with this tool and to assist them in its practical use. In this context, and as mentioned in 
our previous  message to TRIPS Council delegates earlier this week, we are holding an informal 
training session on the e -TRIPS Submission System on the day of the meeting  in Room E from 
13:45 -14:45. We will provide you with access to the testing environment during the session, and 
therefore we would encourage you to bring your own laptop. Simultaneous interpretation will be 
provided into French and Spanish.  
e-TRIPS Gateway  
53.  Let me now turn to the broader e -TRIPS Gateway – in other words, the online information portal 
that will allow you to search and extract the full range of TRIPS information managed by the 
Secretariat. In the coming weeks, the Secretariat will release a Beta version of the e -TRIPS Gateway. 
The so -called Beta version is a trial version for testing by Del egations. We hope that you – and your 
colleagues – will test and explore the e -TRIPS Gateway and subsequently offer any feedback or 
suggestions you might have on how the Gateway might be improved.  
54.  It is envisioned that, upon completion of the e -TRIPS Gate way, it will be integrated with the 
WTO website, and be open to the general public as well. We note that the data which is available in 
the e -TRIPS Gateway is the same as what is currently publicly available on the WTO Docs Online 
database and other releva nt WTO webpages. The e -TRIPS Gateway will simply make it easier for 
you to quickly research, retrieve and analyse TRIPS -related data.  
Next steps  
55.  Regarding next steps, we will reach out to you in the coming weeks with instructions on how to 
access the Beta version of the e -TRIPS Gateway. As ever, we are most grateful for your invaluable 
input and look forward to your continued guidance.  
2.9  Mexico  
56.  On this occasion Mexico did not submit any notification of laws or regulations in accordance with 
the provisions of the TRIPS Agreement. However, it would like to share its experience with the use 
of the new electronic document submission system which the WTO Secretariat has been developing.  IP/C/M/92/Add.1  
 
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  57.  Mexico recently presented its responses to two questionnaires in accordance with Article 27.3(b) 
of the TRIPS Agreement via the e TRIPS platform. Through this portal all types of 
intellectual -property related notifications, reports and responses to questionnaires can be sent and 
proces sed, subject to the provisions of the TRIPS Agreement. The system is user friendly and, 
although it is still under review, it can replace the previous system if all Members are ready to use 
it. 
58.  Mexico would like to thank the WTO Secretariat for all the yea rs of work dedicated to developing 
this platform and for the related clarifications provided to Members at different meetings.  
59.  Although the platform is in English, it is possible to submit documents in the other official 
languages. Mexico would soon like t o see it available in French and Spanish too.  
2.10  Australia  
60.  Australia thanks the Secretariat for the work done in putting together these online tools. 
Australia has successfully used the system to submit the recent notifications .  
3  REVIEW OF NATIONAL I MPLEMENTING LEGISLAT ION 
61.  No statements were made under this agenda item.  
4  REVIEW OF THE PROVIS IONS OF ARTICLE 27.3 (B)  
5  RELATIONSHIP BETWEEN  THE TRIPS AGREEMENT  AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY   
6  PROTECTION OF TRADIT IONAL KNOWL EDGE AND FOLKLORE  
6.1  Mexico  
62.  Although Items 4, 5 and 6 of the agenda, are dealt with collectively in ordinary meetings, Mexico 
would like to raise an issue relating to the first of these three items.  
63.  Mexico has respond ed in detail to the two questionnaires related to the Review of the Provisions 
of Article 27.3(b) of the TRIPS Agreement, contained in documents IP/C/W/122 and IP/C/W/126, 
with a view to providing a useful perspective on its patent laws. Mexico 's responses  were circulated 
by the WTO Secretariat in document IP/C/W/125/Add.25.  
64.  In our system of intellectual property, we do not grant patents to plant varieties, except for 
micro -organisms. However, we do have a sui generis system for the protection of plant vari eties 
that is compatible with UPOV 78. Thank you for your interest and attention.  
6.2  Benin, on behalf of the LDC Group  
65.   Benin is making this statement on behalf of the Group of least developed countr ies. 
66.  Discussions are underway within the Council for TRIPS, and have been for several years, 
regarding the three items: Review of the provisions of Article 27.3(b), the relation ship between the 
TRIPS Agreement and the Convention on Biological Diversity (CB D), and the protection of traditional 
knowledge and folklore. The Group of LDCs wishes to reiterate its position on this matter.  
67.  The Group of LDCs is of the view that the TRIPS Agreement and the CBD should be implemented 
so as to be mutually reinforcing. To that end, the Group wishes to propose that the TRIPS Agreement 
be amended to include the mandatory disclosure requirement of the origin of genetic resources and 
traditional kn owledge into patent applications.  
68.  This mandatory disclosure requirement would be crucial for those LDCs that are rich in genetic 
resources and traditional knowledge and who often fall victim to bio piracy. Therefore, the inclusion 
of such a requirement in the TRIPS Agreement would help combat piracy and facilitate the sharing IP/C/M/92/Add.1  
 
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  of profits generated by the exploitation of genetic resources and traditional knowledge as stipulated 
in the CB D. 
69.  Along the same lines, the Group of LDCs is also of the view that tradi tional knowledge and 
folklore must enjoy adequate international legal protection so as to allow their owners to benefit 
from the profits that result from their exploitation.  
70.  The Group of LDCs calls on the Council to continue to examine these three issues, including in 
forums outside the WTO.  
71.  In conclusion, the Group of LDCs supports Ecuador 's request to update the factual notes on 
review of the provisions of Article 27.3(b); the relationship between the TRIPS Agreement and the 
CBD; and the protection of tra ditional knowledge and folklore.  
6.3  Switzerland  
72.  The outstanding implementation issues treated under agenda items 4, 5 and 6 have been on 
the Council 's agenda for a long time. They have been on the agenda of both W TO and WIPO. A big 
number of Members consider them important topics.  
73.  In terms of the relationship between the TRIPS Agreement and the CBD, Switzerland has 
repeatedly stressed the importance of the transparency inherent to the patent system. A 
requirement f or the disclosure of the source of genetic resources (GR)  and traditional knowledge 
(TK), in case an invention is directly based on such GR or TK, further enhances transparency. 
Introducing such a requirement would be a major step to address some Members ' concerns.  
74.  Switzerland recognizes that those are significant concerns, especially for biodiversity rich 
countries. A Member of both the CBD and the TRIPS Agreement, Switzerland continues supporting 
the exploration of ways that further enhance the mutual sup portiveness of both international 
agreements.  
75.  We hold the firm view that the solution of a disclosure requirement will serve the advancement 
and promotion of the patent system, in particular in relation to inventions in the field of 
biotechnology.  
76.  The iss ue of TRIPS /CBD is one of the three topics, next to the GI  extension and the GI  Register, 
which are tabled in document TN/C/W/52. The document contains modalities proposals for such a 
disclosure requirement in patent applications, as well as for enhanced p rotection of geographical 
indications, thus combining working proposals on these two outstanding implementation issues.  
6.4  Bolivia, Plurinational State of  
77.  Bolivia 's position on these agenda items is widely known, and it maintains firmly and invariably 
its position in accordance with document IP/C/W/545 of 26 February 2010.  
78.  Review of the provisions of Article 27.3 (b) is an outstanding issue for this Council and responds 
to the mandate of the Doha Development Agenda by virtue of paragraph 19 of the Ministerial 
Declaration of 2001. As such, it should have been a topic of discussion four years after the entry 
into force of the WTO Agreement.  
79.  The patenting of life forms and parts thereof is  a cause for grave concern for many cultures and 
peoples of the world who consider that life and parts thereof are sacred and therefore should not be 
patentable.  
80.  Consequently, we reiterate the need to prohibit the patenting of all forms of life, 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.  
81.  Patenting of life forms promotes an imbal ance in the current intellectual property system. The 
TRIPS Agreement, while granting monopoly rights to private parties, does not explicitly recognize IP/C/M/92/Add.1  
 
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  the collective rights of indigenous peoples and local communities over their biological resources and 
traditional knowledge, farmers ' rights or the sovereign rights of Members . Nor does it require 
ensuring that the provisions of the Convention on Biological Diversity (CBD), including those relating 
to prior informed consent and benefit sharing, are respected . 
82.  Against this backdrop, Bolivia supports any and all initiatives and efforts aimed at finding a 
balance between the CBD and the TRIPS.  
83.  We consider that the absence of a balanced international framework that protects genetic 
resources, traditional knowledg e and traditional cultural expressions has enabled the proliferation of 
practices such as bio piracy, leaving developing countries above all without appropriate mechanisms 
to provide adequate protection, and that is why this topic should remain on the Coun cil's agenda.  
6.5  Nigeria  
84.  Allow me to stress the need for the mutual supportiveness of the TRIPS Agreement and the 
Convention on Biological Diversity. One of the principles of the TRIPS Agreement is to enhance 
cooperation of the TRIPS Agreement with other relevant international organizations and international 
instruments.  
85.  Biodiversity has evolved from an environmental issue to substantially a trade issue. Developing 
countries are home over 80% of earth 's biodiversity  and yet do not own many patents. In or der to 
develop a sound and viable technological base in developing countries, any utilization of genetic 
resources from developing countries must involve the 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. 
86.  Sovereigns have a right to their own biological resources. Therefore, we have to insist on 
traceability and a prior informed consent from the source in r espect of any product made from the 
utilization of genetic resources or traditional knowledge and folklore.  
87.  My delegation is of the view that Article 29 of the TRIPS Agreement is not sufficient as it is. We 
are therefore, in favour of full disclosure of th e origin and source of any genetic resources or 
associated traditional knowledge. Therefore, we encourage Members to consider past proposals with 
useful suggestions on the Amendment to the TRIPS Agreement.  
6.6  Bangladesh  
88.  On the agenda items 4, 5, and 6, the position of Bangladesh has not changed. We reiterate our 
position for the sake of record.  
89.  On the agenda item 4, on the issue of the review of the provisions of TRIPS Article 27.3 (b), 
Bangladesh does not support the patenting of life forms comprising plants and animals. We call for 
a review of this Article in order to protect developing countries and LDCs from the negative effects 
of this provision on the key sectors that affect their livelihood such as agricultur e, 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 at a multilateral level should be prohibited.  
90.  On the relationship between the TRIPS A greement and the CBD, Bangladesh holds that Member s 
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 bio logical materials to provide information on the source and country of origin of biological 
resources and traditional knowledge used in the invention.  
91.  In addition, applicants must show evidence of prior informed consent from, and benefit sharing 
arrangemen ts 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 an d biopiracy.  
92.  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/92/Add.1  
 
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  6.7  Japan  
93.  We have discussed this agenda at length during a series of meetings of the TRIPS Council. This 
delegation, therefore, believes that our position is well -recognized among Members, so we would 
like to make our intervention brief, highlig hting some major points.  
94.  The delegation of Japan would like to reiterate our position that 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 mi sappropriation 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 traditi onal 
knowledge.  
95.  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 dis closure requirement that Japan has been concerned 
about. The same holds true for not only developed countries but also emerging and developing 
countries. Japan believes that the disclosure requirement is not an adequate means for dealing with 
the misapprop riation of genetic resources.  
96.  In line with the above -mentioned position, we firmly believe that the protection of genetic 
resources (GRs), traditional knowledge (TK) and folklore should be designed in a manner that both 
supports creativity and innovation.  
97.  In addition, this delegation believes the WIPO's Intergovernmental Committee on Intellectual 
Property and Genetic Resources, Traditional Knowledge and Folklore (IGC)  is the most appropriate 
forum for holding technical discussions on GRs, TK and folklore fr om IP aspects, and the IGC will be 
held this month. 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 constr uctive and effective manner.  
6.8  Brazil  
98.  As we have been stressing in our previous statements, Brazil favours  the inclusion of a 
requirement in TRIPS for the disclosure of origin of genetic resources in patent applicatio ns.  
99.  We believe that a mandatory multilateral provision on disclosure is the most effective way to 
address the misappropriation of genetic resources and traditional knowledge protected by the CBD.  
100.  The ideal scope of disclosure in our view would require pa tent applicants to disclose the country 
of origin of a biological resource and provide evidence of compliance with prior informed consent 
and benefit -sharing.  
101.  In this Council, we have heard some Members stating that WIPO is already conducting 
negotiations  on genetic resources. We urge those same delegations to engage in the negotiations in 
order to allow for textual advances in this subject and enable the multilateral IP system to provide 
a concrete answer to the rights of countries hosting a rich biodiver sity. 
6.9  Indonesia  
102.  Indonesia reiterates his position on the importance of negotiation of relationship between 
TRIPS  Agreement and the Convention on Biological Diversity, as well as the protection of traditional 
knowledge and folklore under the agenda items.   
103.  Our delegation is of the view that Article 27.3(b) and Article 29 of the TRIPS Agreement do 
not provide legal ob ligation to its Members to take all necessary measures for fair and equitable 
sharing of benefits as required by the CBD and the Nagoya Protocol. Such lacuna provides a room 
for misappropriation and misuse of genetic resources and traditional knowledge. Th e lack of such 
legal norms in TRIPS will defeat the purpose and objective of the CBD and the Nagoya Protocol.  IP/C/M/92/Add.1  
 
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  104.  We should not delay substantive discussions of these issues in this Council for reasons that it 
is being negotiated in other fora, such as WIPO. The discussions to take place in this Council should 
reinforce what has already been agreed at the multilateral level, such as CBD, and should 
complement discussions in other fora. We believe that parallel discussions will enhance effort and 
understanding in achieving a fair and balanced trading system with regard to intellectual property. 
In line with this, Indonesia believes that it is timely for the Council to give simultaneous and adequate 
attention to address the issue towards a common goal to ensure t hat genetic resources and 
traditional knowledge and folklore  are protected in an appropriate manner.  
6.10  China 
105.  About TRIPS/CBD, China re tains the same position on this issue.  
106.  The relationship between TRIPS Agreement and CBD is a very important issue in this Council. 
Over years, Members have conducted a lot of useful discussions on this issue.  
107.  China  attach es great importance to TRIPS and CBD and  hopes that Members could be more 
constructively involved in this discussion.  
108.  Regarding the substantial issues, China notes that the majority of Members support to amend 
the TRIPS Agreement so as to ensure the mutual support of TRIPS Agreement, the CBD and its 
Nagoya Protocol.  
109.  As to the issue of disclosure, China ha s provided the detailed suggestions on negotiation 
modes, improving the transparency on genetic resources utilization, preventing the misappropriation 
of genetic resources and traditional knowledge, and preventing the grant of erroneous patent in two 
documents, namely TN /C/W/52 and TN/C/W/59 co -sponsored by China and a number of other 
Members.  
110.  We believe that setting up a reasonable system for the prior informed consent and benefit 
sharing could provide better protection for genetic resources.  
111.  As regard to procedure, Ch ina supports to invite CBD Secretariat to brief on the Nagoya 
Protocol and hopes that the Secretariat could renew the three  factual notes （IP/C/W/368/Rev.1, 
IP/C/W/369/Rev.1 ，IP/C/W/370/Rev.1 ）, which can contribute greatly to our discussion.  
112.  We have noticed that WIPO's Intergovernmental Committee on Intellectual Property and 
Genetic Resources, Traditional Knowledge and Folklore (IGC)  has made extensive discussion on 
genetic resources protection, and progress was made. But we still believe that  the discussion and 
negotiation in WIPO  IGC could not hinder the Members to find a solution in the WTO.  
6.11  India  
113.  There is no change in India 's position on the issues of review of the provisions of Article 
27.3( b), Relat ionship between TRIPS and CBD and Protection of Traditional Knowledge and Folklore. 
However, India would take this opportunity to highlight some of the important points from our last 
submission. India is a country rich in traditional knowledge associated w ith biological resources. This 
traditional knowledge is both coded, as in the texts of Indian systems of medicine, such as, 
Ayurveda, Unani and Siddha; and non -coded, which exists in the oral undocumented traditions. India 
is also amongst top 20 identified  mega diverse countries in the world.  
114.  Countries have adopted various methods to protect traditional knowledge and associated 
genetic resource at the national level. However, in the absence of an enforceable international 
regime, such domestic/national reg imes on their own cannot address misappropriation of existing 
knowledge in foreign patent offices and biopiracy.  
115.  Therefore, it has been one of our long -standing demand that there should be an international 
enforceable regime that makes patent offices the check point to contain such misappropriation. 
Patents should not be granted for existing traditional knowledge and associated genetic resources, 
and where traditional knowledge and associated genetic resources form the basis of scientific 
development, the patent applications must disclose source or origin of the resource and also disclose IP/C/M/92/Add.1  
 
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  whether the access was on mutually agreed terms. The TRIPS -CBD linkage is, therefore, important 
for all countries because it seeks to address bio -piracy.  
116.  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 large majority of the Membership 
of this Council. India also supports updating of three factual briefs by the Secretariat on these issues.  
6.12  New Zealand  
117.  As we have previously stated, New Zealand agrees with the views expressed by many Members 
about the importance of preventing the misappropriation of genetic resources an d associated 
traditional knowledge.  
118.  At a broader level, we have a systemic interest in preventing the granting of erroneous patents. 
Measures that contribute to high quality patent examinations are important to ensuring the health 
and integrity of the pat ent system.  
119.  New Zealand considers that there is a significant degree of common understanding amongst 
Members over these high-level objectives. That said, there is still much disagreement over the 
appropriate policy responses that would best achieve these o bjectives.  
120.  New Zealand 's domestic policy is still evolving in this area. We are however committed to 
engaging constructively in relevant international fora to address these important issues.  
121.  As others have mentioned, WIPO 's Intergovernmental Committee on Intellectual Property and 
Genetic Resources, Traditional Knowledge and Folklore (IGC) has been mandated to undertake a 
detailed consideration of the relationship between intellectual property and genetic resources, as 
well as traditional knowledge and tra ditional cultural expressions, and to develop a text of an 
international instrument or instruments on the protection of these three subject matters.  
122.  As we have stated previously New Zealand considers that WIPO 's IGC is an appropriate forum 
to discuss in detail issues relating to the protection of traditional knowledge and genetic resources 
because it is able to look at these issues in a holistic and coordinated way. In this regard, 
New Zealand looks forward to en gaging constructively in this forum in order to contribute to the 
fulfilment of this mandate.  
6.13  South Africa  
123.  Recalling South Africa 's statement delivered at the previous TRIPS Council meeting, South 
Africa remai ns committed to upholding its obligations under the Convention on Biological Diversity 
and the Nagoya Protocol on Access to Genetic Resources and  the Fair and  Equitable Sharing of 
Benefits Arising from their Utilization . The National Environmental Manageme nt: Biodiversity Act [No 
10, 2004], includes provisions that relate to access and benefit sharing (ABS). Furthermore, the 
disclosure of the use of traditional knowledge or biological resource in a patent application is a 
mandatory requirement in terms of S ections 30 (3 a) of the Patents Act No. 37 of 1952 as amended 
in 2005.  
124.  South Africa recently conducted a workshop on Indigenous Knowledge Systems and 
Intellectual Property. The workshop was successfully co -hosted by the Department of Science and 
Technology and Department of International Relations and Cooperation. Said workshop served as 
an opportunity for participating African States to present their legislative frameworks on indigenous 
knowledge, and for South Africa to profile its provincial IKS systems, national recordal system and 
national IK Management System. However, despite the necessary legislation and systems 
established by South Africa to protect IK and GR, the unlawful use of biological resources and 
traditional knowledge continues to be perpetua ted through misappropriation and biopiracy. South 
Africa advances its position that these issues are best addressed and regulated within the ambit of 
the TRIPS  Agreement.  
125.  In respect of procedural issues, South Africa once again calls on the Secretariat to update the 
three factual notes contained in documents IP/C/W/368/Rev.1, IP/C/W/369/Rev.1 and IP/C/M/92/Add.1  
 
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  IP/C/W/370/Rev.1. We further reiterate our support for a briefing by the CBD Secretariat on the 
Nagoya Protocol and subsequent developments.  
6.14  Canada  
126.  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.  
127.  On the protection of traditional knowledge and folklore, Canada welcomes the ongoing work 
of WIPO 's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional 
Knowledge and Folklore (IGC), and lo oks forward to the upcoming fortieth session of the IGC, to be 
held in just over a week, from 17 to 21 June 2019, in Geneva. As we have previously noted, Canada 
continues to view the IGC as the most appropriate forum for discussion on the complex range of 
issues on this topic. 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 issue s. Canada has been, and continues to 
be, an active and committed 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.  
128.  Finally, with  respect to procedural matters at the TRIPS Council, as Canada has previously 
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 th ere be sufficient 
interest from other Members on the matter. Similarly, 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 /Rev.1 , IP/C/W/369  Rev.1 , and 
IP/C/W/370  Rev.1 ) by the WTO Secretariat. As it has been previously noted in this committee, 
Canada remains of the understanding that this would remain an information collating exercise.  
6.15  Australia  
129.  Australia believes that WIPO 's IGC is best placed, with appropriate technical expertise, to 
consider the complex and important issues relating to intellectual property and genetic resources 
and associated traditional  knowledge and cultural expressions.  
130.  We hope Members will adopt a spirit of compromise when the issue of genetic resources is 
next considered in WIPO.   
131.  Australia believes the TRIPS Agreement and Convention on Biological Diversity are fully 
consistent, an d that the TRIPS Agreement therefore does not need to be amended.  
132.  Australia fully implements our obligations under both agreements, which we view as mutually 
supportive.  
133.  In relation to procedural matters, Australia is open to a briefing by the CBD Secreta riat on the 
Nagoya Protocol, and can be flexible in relation to the Secretariat updating the three factual notes.  
6.16  Russian Federation  
134.  The relationship between the TRIPS Agreement and the Convention on Bio logical Diversity 
(CBD) has been for a long time one of sensible topics on the agenda of the TRIPS Council. The 
Russian Federation recognizes that issues related to the topic are of great importance for many 
countries that value biodiversity as part of the ir natural and cultural heritage. Being a party to both 
TRIPS and the CBD, the Russian Federation remains open to further dialogue on the matter in order 
to reach a balanced solution. We believe that a briefing by the CBD Secretariat and updated factual 
notes, as requested by many delegations, would contribute to this goal.  IP/C/M/92/Add.1  
 
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  6.17  United States of America  
135.  The US position is well -known and has not changed. Regarding genetic resources, traditional 
knowledge and folklore, we continue to believe that WIPO serves as the best forum to address these 
issues.  
136.  WIPO 's IGC is looking at addressing unresolved issues and working on a common 
understanding of core issues, using an evidence -based approach and examples of n ational 
experiences.  
137.  The United States will continue to engage in technical discussions at WIPO 's IGC and looks 
forward to hearing more from the demandeurs  regarding data supporting their position s on this 
issue.  
138.  With respect to the various request s made at the meeting , 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 TRIPS Council meetings.  
7  NON-VIOLATION AND SI TUATION COMPLAINTS  
7.1  Benin, on behalf of the LDC Group  
139.  The Ministerial Decision WT/MIN(17)/66 , adopted in Buenos Aires on 13 December 2017 
directs Members to continue their examination of the scope and modalities for complaints of the type 
provided for under subparagraphs 1(b) et 1(c) of Article XXIII of the GATT 1994 and make 
recommendations to MC 12. 
140.  The LDC Group encourages Members to complete this examination and make 
recommendations to the Ministers, in accordance with the above -mentioned  Ministerial Decision. It 
thus congratulates all Members who have made proposals.  
141.  The LDC Group calls on Memb ers to show resolve in reaching a consensual solution.  
7.2  South Africa  
142.  During the Uruguay Round, when WTO Members agreed to incorporate the GATT 1947 into 
the WTO Agreement, they made non -violation and situation complaints  (NVSCs ), as contained in 
Article  XXIII:1(b) and (c), available with respect to the agreements "covered " by the DSU. The only 
current exception is the TRIPS Agreement.  
143.  In Article 64.2 of the TRIPS Agreement, Members agreed that NVSCs  would not apply to the 
TRIPS Agreement for a period of five -year after the entry into force of the WTO Agreement . In Article 
64.3 of the TRIPS Agreement, Members further agreed that during this period the TRIPS Council 
would examine the scope and modalities for these complaints.  This moratorium has been extended 
eight times, most recently in a Ministerial Decision at the 11th Ministerial Conference in Buenos 
Aires, Argentina in 2017. According to this Decision, Members agreed to maintain the moratorium 
and directed the TRIPS Coun cil to continue its examination of the complaints. The TRIPS Council was 
also directed to make recommendations at the next Ministerial Conference. Over the years, a number 
of Members have submitted comments to the TRIPS Council containing their views on NVSCs under 
the TRIPS Agreement. However, no final agreement has been reached.  
144.  South Africa notes that the non -violation remedy is an "exceptional " remedy. Non -violation 
complaints have been extremely rare under both the GATT and the WTO. Under the GATT 1947 , 
working parties and panels considered only eight cases involving non -violation complaints. 
Non-violation complaints succeeded, and the reports were adopted by the GATT Contracting Parties , 
in only three out of the eight cases. There has been no successfu l recourse to the non -violation 
remedy in any of the WTO disputes in which Article XXIII:1(b) has been invoked. In over 70 years 
of the existence of the multilateral trading system, only three non -violation cases have been 
successful.  
145.  We further note that  in Japan – Film, the panel said:  IP/C/M/92/Add.1  
 
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  "Although the non -violation remedy is an important tool of WTO/GATT dispute 
settlement and has been on the books for almost 50 years, we note that there have 
only been eight cases in which panels or working parties have su bstantially considered 
Article XXIII:1(b) claims. This suggests that both the GATT contracting parties and WTO 
Members have approached this remedy with caution and, indeed, have treated it as an 
exceptional instrument of dispute settlement. " (Panel Report,  Japan – Film, para. 10.36)  
146.  Members remain divided on the question of whether NVSCs  should apply to the TRIPS 
Agreement at all or whether the application of these types of complaints should be subject to certain 
modalities. Irrespective of these different opinions, note should be taken of the valuable contribution 
that Members have made o ver the years to understanding the nature NVSCs  in the context of 
discussions in the TRIPS Council. The proponents of the application of non -violation complaints under 
the TRIPS Agreement have not provided concrete examples of the kind of scenarios under w hich an 
otherwise TRIPS -consistent measure would impair or nullify benefits beyond those arising from the 
obligations set out in the Agreement. Thus, it may be useful to clarify what situations proponent 
Members wish to avoid by having a non -violation reme dy available under the TRIPS Agreement and, 
on the other hand, to ensure that a non -violation remedy in the TRIPS context would not be so broad 
as to have the effect of expanding the existing TRIPS obligations.  
147.  Switzerland in the TRIPS Council meeting of 2 7 February 2018, IP/C/M/88, IP/C/M/88/Add.1 
paras. 138 – 139 opined:  
138. At the outset, let me briefly react to a number of earlier interventions that 
expressed concern that non -violation complaints under the TRIPS Agreement could 
impinge negatively on th e flexibilities foreseen in the Agreement. My delegation has 
made it repeatedly clear that flexibilities provided in the TRIPS Agreement in fact are 
part of the rights and obligations in the TRIPS Agreement clearly spelled out and does 
not actually fall un der the scope of non -violation complaints.  
139. NVSCs  protect the balance of rights and obligations under the WTO Agreements 
concluded in the Uruguay Round. Protecting this balance includes the flexibility 
provisions foreseen and confirmed in the TRIPS Ag reement. Recourse to such flexibility 
is a foreseeable measure and is thus not a non -violation situation.  
148.  This statement is very much in line with Article 31bis paragraph 4 of the TRIPS Agreement. 
This provision states the following: "Members shall not ch allenge 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. "  
149.  The above -mentioned references may already constitute a clarification of the scop e of 
application of NVSCs  in the context of the TRIPS Agreement. The use of any TRIPS flexibility is a 
foreseen measure and consequently not covered by NVSCs . Furthermore, case law has already 
clarified modalities that apply to the bringing of NVSCs , while  the complaining party bears the burden 
of proof in a claim involving non -violation under Article 26.1 of the DSU for which a detailed 
justification is required.  
150.  South Africa is not a proponent for the application of NVSCs  to the TRIPS Agreement, however,  
it is clear enough that useful ideas have been discussed in the TRIPS  Council over the years that 
merit serious consideration by Members, irrespective of the positions they take on the potential 
application of NVSCs  to the TRIPS  Agreement.  
7.3  Nigeria  
151.  This meeting offers  us yet another opportunity to reflect on our various views on the 
application of the non-violation and situation complaints (NVSCs ) to the TRIPS Agreement.  
152.  The general views have remained different and till date t here ha s been no convergence of the 
views. The scope of application of non -violation complaints under article XXIII( b) and (c) of the 
GATT has still not been decided by Members. However, my delegation is of the view that NVSCs  
should not be allowed to apply under the TRIPS Agreement.  IP/C/M/92/Add.1  
 
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  153.  In the meantime, as we are heading for MC12, we suggest to start discussing what to do with 
the moratorium. We are of the view that the moratorium be  extended until we are able to agree on 
the scope. We continue to encourage the Chair in facilitating these discussions.  
7.4  Brazil  
154.  The debate on the applicability of non-violation and situation complaints (NVSCs)  to the TRIPS 
Agreement has been part of the Council agenda for many years. Brazil supports the South African 
statement regarding this issue.  
155.  Having carefully analysed  statements made in past sessions of the Co uncil by proponents of 
allowing NVSCs to TRIPS, we continue to hold the view that the dispute settlement mechanism as 
currently applied to the TRIPS Agreement is sufficient to guarantee effective and adequate protection 
of intellectual property rights.  
156.  Furthermore, Brazil believes that the logic of the TRIPS Agreement is different from the GATT 's 
in the sense that, as determined in TRIPS Article 1.1, Members are free to determine the appropriate 
method of implementing the provisions of the agreement within  their own legal system and practice. 
The TRIPS Agreement also provides many important flexibilities that shall be preserved. To allow for 
NVSC s would include an unnecessary element of uncertainty in Member 's balance of rights and 
obligations.  
157.  In fact, bes ides the increase in uncertainty as regards the types of claims it would entail, the 
extension of NVSC s to the TRIPS Agreement would pose an additional and unnecessary burden on 
the dispute settlement system, already in stress by the situation we now face in the Appellate Body.  
158.  For these reasons, Brazil continues to believe that the time is not ripe for a change on the 
question of NVSC s in the TRIPS Agreement.  
7.5  United States of America  
159.  The United States ' positi on on this issue remains unchanged. We reiterate our support for 
allowing the current moratorium to expire so that Members may bring non-violation nullification and 
impairment (NVNI)  complaints in the future, as appropriate.  
160.  In the previous TRIPS Council, some Members 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 Members as document IP/C/W/599, as well as in our previous interven tions.  
161.  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 Appellate Bo dy jurisprudence involving NVNI 
disputes, the extensive safeguards that exist to protect Members rights and obligations under the 
TRIPS Agreement, and concrete descriptions regarding how such disputes would work in practice.   
162.  As we have detailed in past i nterventions, 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 exception.  
163.  We continue to believe that WTO Members are being deprived of an important tool to enforce 
their rights under the TRIPS Agreement, which is why we support the expiration of the current 
moratorium so that complaints of this type may be applicable to the TRI PS Agreement.  
164.  While we remain of the view that the text of the WTO Agreements and dispute settlement 
rulings provide Members with sufficient guidance on the application of NVNI disputes to the 
TRIPS  Agreement, the United States remains open to considering specific proposal from Members 
wishing to further examine the scope and modalities for complaints of these types.  IP/C/M/92/Add.1  
 
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  7.6  Indones ia 
165.  Indonesia reaffirms its position that applying NVSC s to intellectual property could result in an 
imbalance between the rights of IP -holders, and IP users, as well as the public interest. The absen ce 
of scope and modalities for NVSC s would introduce new obligations and raise the standards for 
protection beyond what has been agreed upon.  
166.  This would affect  Members ' policy space, especially with regards to implementing public health 
measures. It would then induce the increase of dispute s against existing and future measures 
undertaken by developing countries.  
167.  Moving forward for the MC12, Indonesia supports a permanent moratorium of NVSC for the 
TRIPS Agreement.  
7.7  Bangladesh  
168.  The position of Bangladesh on the proposed lifting of the moratorium on non -violation and 
situation complaints (NVSCs ) is well -known. For the sake of record , we would like to reiterate our 
position in favour of establishing a permanent moratorium.  
169.  Bangladesh, however, invite s the views and ideas of our friends who were proponents of the 
application of the NVSCs  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 examine and consider the proposal.  
170.  The concept 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 NVSCs  are made 
applicable to TRIPS, any issue under the sun can be brought as 'cases ' under this umbrella. Clear 
delimitations, therefore, need to be conc eived and thoroughly examined first.  
171.  Bangladesh reiterates its readiness to engage on this issue further.  
7.8  Switzerland  
172.  The view of this delegation that non -violation and situation complaints (NVSCs ) are, in 
principle, also applicable under the TRIPS Agreement, is well -known. For further details regarding 
our position and the supporting language in Art icle 64 of the TRIPS  Agreement , we refer to our 
interventions made in the past TRIPS Council meetings. Upon expiry of the moratorium, 
non-violations complaints become applicable under the TRIPS Agreement.  
173.  The deadline of the moratorium is fast approaching,  and we note that no o fficial proposal or 
submission to further define the scope and modalities for NVSCs  under the TRIPS Agreement has 
been put forward to date. In the absence of specific modalities under the TRIPS Agreement, any 
non-violation complaint procedure would be gove rned by the DSU. This delegation continues to 
consider that the DSU provides sufficient guidance to adjudicate any NVSC  case. 
174.  Having said that, Switzerland welcomes initiatives, specific proposals and informal discussions 
looking into options of specifying  the scope and modalities for NVSCs  under the TRIPS  Agreement. 
We commend the delegation of South Africa for its engagement in this matter, look forward to an 
intensified dialogue, and are ready to participate constructively in such discussions.  
7.9  India  
175.  India's position on the issue of non-violation and situation complaints  (NVSCs ) under the 
TRIPS  Agreement remains unchanged. Serious concerns remain on the debilitating impact that 
NVSCs  in TRIPS can have on the regulatory policy sp ace of Members, on TRIPS flexibilities as well 
as increasing the complexity in interpreting 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 Members to 
achieve other  public policy objectives.  IP/C/M/92/Add.1  
 
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  176.  The absence of NVSCs  in the TRIPS context does not in any manner threaten or dilute the 
enforceability of TRIPS related rights and obligations. Introducing NVSCs  into the TRIPS Agreement 
is unnecessary and inconsistent with the i nterests of the WTO Members. 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 NVSCs . 
177.  India looks forward to working with like -minded Members in making non -violation complaints 
inapplicable to TRIPS.  
7.10  China  
178.  China 's position on this issue is unchanged. We believe that the non -violation and situation 
complaints shou ld not be applicable under the TRIPS Agreement, which has been elaborated in the 
document IP/C/W/385/REV.1 proposed by 16 Members including China. We also welcome the 
discussion on this issue in accordance with the mandate given by MC11.  
7.11  Canada  
179.  Our longstanding position on this issue is well-known and  remains unchanged.  
180.  We recognize that the current moratorium exists thanks to consensus, and we trust that 
Members can continue to discuss these issues in a collegial manner, espec ially in view of the high 
concentration of Members with concerns in this area. Canada also wishes to express its continued 
interest in participating in any consultations that take place on this issue amongst other interested 
Members.  
8  REVIEW OF THE IMPLEM ENTATION OF THE TRIPS AGREEMENT UNDER ARTI CLE 71.1  
181.   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 
182.  No statements were made under this agenda item.  
10  TECH NICAL COOPERATION AN D CAPACITY BUILDING  
183.  No statements were made under this agenda item.  
11  INTELLECTUAL PROPERT Y AND INNOVATION: PU BLIC -PRIVATE COLLABO RATIONS IN 
INNOVATION - INNOVAT IVE APPROACHES TO AS SISTING IN BRANDING AND 
PROMOTION AND THE CREATIVE INDUSTRIES  
11.1  Japan  
184.  Firstly, on behalf of the co -sponsors of this item, this delegation would like to briefly introduce 
the background and some possible discussion points of this agenda item in accordance with the 
document IP/C/W/653.  
185.  For this session, Members are invited to reflect on IP and innovation in the context of Branding 
and Creative Industries, taking into account all  various forms of public -private partnerships in IP 
promotion. At the previous session of the TRIPS Council, we shared our national policies and 
experiences in R&D, to highlight the importance of strong collaboration and cooperation among 
different stakeho lders.  
186.  It is widely recognized, but often forgotten, that 'innovation ' does not necessarily mean 
'invention ' alone. Indeed, several international organizations adopt the word 'innovation ' by much 
broader approach. In this context, it is therefore useful t o examine the role of creative industries 
and branding. The 'creative economy ' and more generally IP -intensive sectors have been robust, IP/C/M/92/Add.1  
 
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  demonstrating resilience and in many instances growth, indicating that these sectors have 
considerable potential for cu rrent and future investment.  
187.  It should be emphasized that recognizing and fostering the value of local products through a 
unique branding and promotion strategy at the national / regional level, as well as developing new 
creative products and services, cou ld be regarded as important sources of 'innovation ' in the creative 
economy going forward. Particularly in an era of urbanization, it is important to focus on a resilient 
innovation policy including unique regional and rural branding and promotion strategi es. The 
promotion of rural areas may be achieved by strengthening partnership between public and private 
sectors, possibly by utilizing intangible assets such as IP rights.  
188.  In addition, the public sector can also help the private sector to build and promot e industries ' 
brands and reputation through various ways, such as consultancy services and assistance in 
promoting local industries ' brands and reputations overseas.  
189.  It would be beneficial for Members to share their varying experiences on public -private 
collaborations in helping business grow through branding and promotion strategies so as to learn 
how the stakeholders and processes intertwine to promote innovation and economic opportunities. 
The possible guiding questions are included in paragraph 7 in the  working document.  
190.  Furthermore, the creative industries play an important role in enriching cultures and 
contributing economic value. In these industries, however, there are many SMEs and individuals 
that may not be familiar with their IP rights, and how t hey can use their IP to grow their businesses. 
This is where the public sector can support them in growing their businesses. These effective and 
established partnerships also advance the shared vision of economic activity to local regions and 
fostering cre ativity.  
191.  The possible issues to be discussed are included in paragraph 9 in the document.  
192.  From here, this delegation would like to share our thoughts and experiences, by showing a 
short video about a Japanese industrial group that has been trying to boost the local economy by 
making use of their regional trademark.  
193.  This delegation is of the view that collaborations among public and private sectors are very 
important not only for R&D activities but also for branding strategies designed for local products.  
194.  In addition, Japan recognizes the importance of promoting rural areas in the continued, 
extreme concentration of the economy in the Tokyo Metropolitan area. Vitalizing local economies is 
one of the main policies set by the government of Japan.  
195.  Based on this,  this delegation will now show you a successful case of boosting a local economy 
through promoting a regional, specialty product.2 The product is katsuobushi, which is a large piece 
of bonito that has been dried into a solid, hard block and used in Japanes e cooking. One-way 
katsuobushi is used to shave it and add it as one of the essential ingredients of fish broth, such as 
the kind used in miso soup.  
196.  Previously in Japan, regional trademarks that consisted of just combinations of regional names 
and the nam es of common goods or services were not allowed to be registered. However, one of the 
government 's policies for promoting local branding was to revise the Trademark Act and established 
a system that allows such combinations to be registered as trademarks. This is referred to as the 
Regional Collective Trademark system that started in 2006.  
197.  One of the local branch offices of the Ministry of Economy, Trade and Industry supported a 
local marine industry by enhancing the value of katsuobushi through a unique br anding strategy 
based on a regional collective trademark that was registered in 2010. As you will see in this short 
video, this is a successful example of branding.  
                                                
2 A short video was projected during the meeting.  IP/C/M/92/Add.1  
 
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  198.  The Makurazaki area is No.1 in terms of the volume of katsuobushi production in Japan. The 
way of making katsuobushi has been passed from one generation to the next for over 300 -year. 
199.  Now, in this video you will see the careful process of how katsuobushi is made in this old 
fishery. Surprisingly, a lot of works are done by hand, in spite of the addition of automation to some 
of the processes.  
200.  After defrosting the bonito for one day, they are then cut, boiled, deboned, and shaped. After 
that they are smoked for about 14 to 20 days. Then they are shaved, formed, and finally sun -dried. 
It is said th at sun -drying them naturally creates their smooth taste and rich aroma.  
201.  In spite of its 300 -year history and careful production processes, katsuobushi was considered 
to be such a common product that it didn 't have much value, so producers were not able to be proud 
of their products.  
202.  Actually, katsuobushi is now used in every Michelin -starred Japanese restaurant in Europe. 
According to this well -known Japanese top chef, there is still more potential for katsuobushi.  
203.  Recently, the Makurazaki marine product in dustries cooperative is working on producing 
katsuobushi in Concarneau, France, in order to promote Japanese cuisine outside Japan. The 
cooperative transferred their unique manufacturing technology to a director of factories in France. 
Currently, the katsu obushi made by the factories is available in many Japanese restaurants in 
France, and well received by French citizens.  
204.  The cooperative says that its acquiring a regional collective trademark right let each producer 
be responsible for its own production, a nd this in turn led to improving hygiene and quality.  
205.  In addition, not only producers but also local residents became proud of katsuobushi after it 
became the focus of attention by the media. Furthermore, the strong support by the public sector, 
for examp le making an English website to promote the product, enabled a better understanding of 
its added value.  
206.  A big project to produce katsuobushi in France might be one of the outcomes brought about 
by the above -mentioned brand power, which was originally trigg ered by katsuobushi obtaining a 
regional collective trademark right.  
207.  In summary, this delegation would like to emphasize that this example is what is called a 
"public -private collaboration in innovation ", in particular in branding and promotion. In additio n, 
other local innovations in branding can be anticipated, if the media highlights worthwhile activities 
to the general public, such as by showing video clips.  
208.  The Japanese government is committed to strongly encourage innovation in the area of 
branding an d promotion, and in creative industries, by strengthening public -private collaborations. 
Japan will continuously improve its IP systems in conformity with the trends of the times. Finally,  
this delegation also hopes that the TRIPS Council will continue to be a good forum for the Members 
to share information on their IP systems, policies, and initiatives, and gain a better understanding 
of each.  
209.  This delegation hopes that its information helps other delegations create their own domestic 
policies. And this de legation is very much looking forward to hearing many experiences from other 
Members.  
11.2  Australia  
210.  Australia would like to sincerely thank Japan for leading this discussion on innovative 
approaches to branding and promotion and the creative industries. We were glad to join the 
discussion paper as a co -sponsor.  
211.  In an increasingly inter -connected and hyper -competitive global eco nomy, countries need to 
highlight their unique characteristics and skills, and promote the quality of their goods and services, 
if they wish to attract foreign buyers and investors.    IP/C/M/92/Add.1  
 
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  212.  The limited support the Australian government provides for individual private sector brands 
includes occasional targeted campaigns, such as offering places on foreign trade delegations or 
tourism promotions. The government 's business and export development programmes may 
indirectly boost firms ' brand awareness by supporting their commercial success more broadly. These 
include Business Growth Grants, which can be used to engage marketing and branding advisors; 
Export Market Development Grants, which provide financial assistance to Australian businesses 
looking to de velop export markets; and Australian Landing Pads, which offer residencies to start -ups 
and scale -ups in key overseas markets.  
213.  At the national level, the public and private sectors can together successfully shape 
nation -wide branding strategies that benef it businesses of all sizes, and all sectors of the economy.    
214.  In 2018, t he Australian government launched a major initiative to develop an 
all-encompassing 'Nation Brand ' for our country. This followed the publication of the Government 's 
Foreign and Trade Policy White Paper in 2017, which identified the need to develop a stronger 
"nation brand " to market our commercial, educational and cultural credentials in a competitive 
global market.    
215.  Led by industry and coordinated by Austrade on behalf of the Austral ian government, the 
initiative is attempting to build a more consistent approach to national branding, to convey to the 
outside world the message that we are a nation of inventors, actors, engineers, builders, architects, 
athletes and innovators.    
216.  Turnin g to the role intellectual property rights can play in the context of local innovation and 
public -private collaboration, we firmly believe that an effective and balanced IP environment 
provides certainty for stakeholders and helps stimulate the commerciali sation of innovative ideas. 
In doing so, it can play a vital role in boosting social and economic wellbeing both at home and 
abroad.  
217.  Furthermore, collaboration between research institutions and the business sector is an 
increasingly critical component of an efficient national innovation system, and central to the 
acquisition of knowledge and promotion of entrepreneurship.  
218.  Australia has long recogni zed the useful role the public sector can play in supporting local 
artists and creative businesses through bo th IP protection and promotion strategies.    
219.  The creative sector makes a significant contribution to Australia 's society and economy, 
contributing AUD 112 billion, or 6.4 %, of our GDP.    
220.  Our experience has been that the public sector can play a lead role i n raising the profile of the 
creative industries among key decision makers, in fostering partnerships, and encouraging the 
dispersal of creative skills and talents across other industries and within the public sector itself.  
221.  The public sector can help by p utting in place, and maintaining, robust arts funding 
mechanisms that support both the generation of original creative IP and the strategic promotion of 
this IP in potentially lucrative markets.  
222.  The Australian government provides a number of funding initi atives that support Australia 's 
arts and cultural sectors. These include:  
• The Australia Council, the Government 's arts funding and advisory body, which offers a 
range of grants to Australian artists and creative businesses;  
• Creative Partnerships Australia , a Commonwealth company fostering a culture of private 
sector support for the arts in Australia and nurturing a vibrant and ambitious cultural sector; 
and  
• Screen Australia, which provides support to Australian film, television, documentary and 
digital me dia makers.  
223.  By enacting legislation such as the Resale Royalty Right for Visual Artists Act 2009 , the 
Australian government has demonstrated the importance it attaches to providing Australian visual IP/C/M/92/Add.1  
 
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  artists with an enduring right similar to other creators , such as songwriters or authors, who receive 
royalty payments from their original work.  
• From its launch in June 2010 to the end of April 2019, the Scheme has generated more than 
AUD 7 million in royalties from 18,760 resales of work by 1787 artists. Of t he artists who 
have received a royalty payment, 63% are Indigenous.  
224.  Recogni zing the importance of maintaining strong Aboriginal and Torres Strait Islander 
cultures, the Government 's Indigenous Visual Arts Industry Support program me contributes to the 
operations of around 80 Indigenous -owned art centres, as well as a number of service organisations, 
regional hubs and art fairs, which together enable around 6,000 artists to pursue a professional art 
practice and connect to the art mar ket.  
225.  There are also opportunities for the public sector to help the growth of creative business by 
harnessing the potential of arts, culture and creativity to support outcomes in other areas of public 
policy, such as cities and liveability, education and tourism. For example, many local governments 
invest in creative precincts that may assist with urban regeneration and/or increase liveability for 
residents, but that also create opportunities for artists and creative businesses. Many governments 
also inves t in creative content as a major events drawcard that can attract tourism and generate 
economic outcomes for local businesses outside the creative sector.  
226.  I would like to turn now to the question of how the public sector can help the private sector 
develop  expertise in IP management.    
227.  Australia 's IP Office, IP Australia, offers a number of initiatives dedicated to this goal, with a 
particular focus on start -ups and MSMEs. These include targeted workshops and webinars that 
provide basic information on IP ri ghts, and highlight the importance of protecting one 's brand and 
ideas as part of a broader business strategy.  
228.  IP Australia has developed a variety of publicly -available tools ranging from collaboration 
checklists to model confidentiality agreements.    
229.  Australia also supports innovation and commercialization by providing public sector patent 
holders with a platform  for highlighting licensing opportunities and promoting their research 
outcomes. In particular, our 'Source IP ' platform, accessible on the IP Australia website, provides a 
forum for bringing businesses and public research institutions together.  
230.  In additio n, IP Australia works with incubation hubs to spread the word about the importance 
of IP for start -ups and entrepreneurs. For example, workshops are held at local incubator hubs, 
co-working spaces and Business Enterprise Centres across Australia focusing o n patents and 
trademarks, tools to foster understanding of the benefits of patent protection, practical skills relating 
to patent applications, and maximising the value of brands through the use of trademarks.  
231.  In terms of the lessons we have learned in cr eating innovative models using our local 
intellectual property rights, IP Australia has developed a variety of publicly -available tools to help 
users identify potential pitfalls and ensure the confidentiality of sensitive information. These range 
from coll aboration checklists to model confidentiality agreements.  
232.  Furthermore, IP Australia provides educational materials to entrepreneurs and SMEs via the 
agency 's website, on topics as diverse as 'Doing business in China ' and 'Commercialisation of IP 
Rights '. 
233.  To sum up, Australia has long recogni zed the vital role that IP rights can play in supporting 
commercial and national brands, and the creative industries.  
11.3  United States of America   
234.  We welcome this opportunity to co -sponsor this agenda item.  We thank the other co -sponsors 
and to Japan for introducing the topic and sharing such a vivid presentation.  IP/C/M/92/Add.1  
 
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  235.  From the beginning, intell ectual property has been an important engine behind America 's 
economic and cultural development.   
236.  So important was the protection of intellectual property that the framers enshrined it in our 
Constitution. Article I, Section 8, Clause 8 directs the legisl ative branch to "promote the Progress of 
Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right 
to their respective Writings and Discoveries. " 
237.  Under this system of protection, American industry has flourished. N ew products have been 
invented, new uses for old ones discovered, and employment opportunities created for millions of 
Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms 
that protect new ideas and investments in innovation and creativity. The continued demand for 
patents and trademarks underscores the ingenuity of American inventors and entrepreneurs.  
238.  Our overall goal is to ensure that rights owners, businesses, and the public alike have 
confidence in, and can  rely on, a predictable and well -functioning IP system.  
239.  This confidence spurs inventors to invent, businesses to develop new branding strategies, 
creators to create, investors to invest, companies to grow and create new jobs, and science and 
technology to  advance.  
240.  By providing this IP framework and educating the public on how to use the intellectual property 
system to protect their inventions, brands, ideas and creativity, we are setting the table so that they 
can decide the best approach and strategy for protecting their valuable assets.  
241.  We see public -private collaborations as an effective approach for making creative industries 
and branding strategies drivers of economic growth in the United States.  
242.  Already these creative industries and brands make import ant contributions to the 
United  States economy. In 2017, US copyright industries have added USD 1.3 trillion in value to the 
US economy and the top five most valuable global brands come from the US and are worth a 
combined USD 586 billion, up 20% from 2016.  
243.  Public -Private collaborations play an important role in helping to create enabling environments 
for effective local and national initiatives that benefit creators and brand owners. The United States 
will share a few examples of these collaborations.  
244.  For creative industries in the U.S., public -private partnerships have taken the form of: music 
cities; entertainment software initiatives for veterans and educators; and university -digital media 
collaborations.  
245.  Music Cities is a strategy many municipalitie s in the U.S. are adopting to develop their vibrant 
music economies to support professional musicians and local creativity.  
246.  The Music Policy Forum provides advocacy, strategy and connections for policymakers, 
advocates, artists, academics, non-profits  and industry leaders working at the intersection of music 
and public policy.  
247.  The importance of identifying and promoting specific strategies and initiatives that can help 
artists connect with audiences and monetize their music to sustain careers is the objecti ve of the 
Music Policy Forum. They do this by undertaking research and developing quantitative studies that 
document how local artists make money, where they live, where they work and other practical 
concerns that form a crucial base from which to develop strategies. Cities that have commissioned 
such local music studies include, Charlotte, North Carolina; Seattle, Washington; and the District of 
Columbia.  
248.  IP is an important contributor to monetization strategies, and critical educational and 
mentoring plat forms are provided by the Music Policy Forum, in collaboration with other 
organizations and copyright attorneys, to ensure local musicians protect their intellectual property 
rights, as well as understand how to claim digital and other royalties.  IP/C/M/92/Add.1  
 
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  249.  Partners hips with city leaders and other local officials are key in supporting local music 
ecosystems through specific strategies. Denver, Colorado; Albuquerque, New Mexico; and 
Pittsburgh, Pennsylvania have recently commissioned such strategies, involving mentori ng, IP rights 
education, audience development, philanthropic alignment and other means to raise the profile of 
local artists and increase revenue opportunities.   
250.  In the area of entertainment software, we are seeing how technology has the potential to 
empo wer and educate. Innovative approaches applied to gaming are now helping gamers with 
disabilities and to educate the young, not to mention creating wonderful partnerships, as a result.  
251.  For example, in April 2019, Microsoft and the U.S. Department of Vetera ns Affairs announced 
a new collaboration to enhance care, rehabilitation and recreation for disabled veterans by 
introducing the Xbox Adaptive Controller to 22 VA rehabilitation centres  across the country.  
252.  The Xbox Adaptive Controller was created so more people, specifically people with mobility 
limitations, can enjoy gaming.  
253.  The controllers and other equipment will also be available for Veterans to use at events hosted 
by VA 's Office of National Veterans Sports Programmes and Special Events, such as the National 
Veterans Wheelchair Games.  
254.  Microsoft and the U.S. Department of Veterans Affairs have a long -standing strategic 
partnership, working together for over 20 years to provide the best possible care and services to 
Veterans. As part of this new co llaboration, VA staff will engage with Veterans using the equipment 
and share feedback with Microsoft on therapeutic utility and the Veteran experience to better 
improve the product and the gaming experience.  
255.  The U.S. Department of Education and the Natio nal Science Foundation also see video games ' 
potential and have invested millions accordingly. In addition, the Gates Foundation and the 
MacArthur Foundation have together committed USD 100 million to educational gaming.  
256.  Through these initiatives, the US educational community works closely with industry to make 
sure they are building games that are meeting educational needs, ranging from mathematical 
problem solving and puzzles, in -game history lessons, learning an instrument or sport, to the health 
benefi ts of a dance game. This partnership has created the opportunity to reinvent education in a 
way that is impactful for students and leads to more creative video games.  
257.  In the area of audio -visuals , the film and television industry is making a significant l ocal impact 
in states such as Georgia, Hawaii, Illinois, New York, New Mexico, Ohio, Pennsylvania and California.  
258.  The Georgia Film Academy, for example, was created by the State of Georgia to help train and 
grow a local talent pool to feed into the local film industry, partnering with the Georgia State College 
system and the Georgia Film Office under Georgia 's Department of Economic Development.   
259.  Indeed, the State of Georgia was the number one production destination in the world in 2018 . 
As a side note, a ll Marvel films are produced there.  
260.  Georgia 's workforce benefited from USD 1.7 billion in direct spending and 79,000 new jobs 
paying USD 4 billion in wages with salaries averaging USD 84,000, which is 75 % higher than the 
national average. This partnership with the film industry has transformed the state economy of 
Georgia.  
261.  In the area of agriculture, the US Foreign Agriculture Service helps build international 
opportunities for a wide variety of U.S. farm and food products.  
262.  Through the Market Access Program me (MAP), the US Foreign Agricultural Service (FAS) 
partners with U.S. agricultural trade associations, referred to as "cooperatives ", and state regional 
trade groups to share the costs of overseas marketing and promotional activities such as consumer 
advertising, public relations, point -of-sale demonstrations, participation in trade fairs and exhibits, 
market research and technical assistance.  IP/C/M/92/Add.1  
 
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  263.  There are over 60 MAP participants for FY 2019, including the California Olive Committee, the 
California Strawber ry Commission, and the Florida Department of Citrus. One of the most 
recognizable certification marks in the US is "Made with Florida Citrus ".  
264.  The MAP funding for the Florida Department of Citrus is for participation in trade shows, media 
tours of export markets, hosting of media and trade guests in Florida, and the Department 's own 
trade and public relations representative agencies in Belgium, Japan, the UK, Sweden, the 
Netherlands, Canada and France. The Florida Citrus industry employs more than 45,000 p eople and 
provides an annual economic impact of USD 8.6 billion to the state.  
265.  A recent independent study found that for every USD 1 invested in US Department of 
Agriculture export market development programmes like MAP, USD 28 is returned in export revenue . 
266.  Our public -private partnerships are also geared to support small and rural communities in 
areas of creativity and innovation and to get businesses to begin exporting or to increase sales in 
new global markets.  
267.  The Economic Development Administration (EDA ) is a bureau within the Department of 
Commerce that leads the federal economic development agenda by promoting innovation and 
competitiveness, preparing American regions for growth and success in the worldwide economy. The 
EDA's investment policy is desig ned to establish a foundation for sustainable job growth and the 
building of durable regional economies throughout the United States.  
268.  Most recently, the EDA invested USD 1.25 million to the town of Cleveland, Mississippi (pop. 
12,000) to build an access r oad to the new Grammy Museum of Mississippi and upgrade the 
infrastructure on the campus of Delta State University, which is hosting the museum to attract 
tourists and bolster the region 's economy. Since its opening, the museum has put Cleveland on the 
music tourism map and brought in over 90,000 visitors from every U.S. state and 37 foreign 
countries, introducing visitors to the impact of Mississippi 's songwriters, producers and musicians on 
the music landscape.  
269.  Small companies and creators across the U.S . need support to promote and protect their 
creative ideas abroad. That is why the International Trade Administration 's U.S. Commercial Service 
is the only U.S. federal export assistance entity with offices in smaller cities like Fargo, North Dakota, 
Wheel ing, West Virginia, and Greenville, South Carolina. The U.S. Commercial Service (CS) has Rural 
Team members who provide one -on-one export assistance to their local rural companies. Companies 
can get help with things like conducting market research, finding  buyers worldwide and solving 
export roadblocks.  
270.  In summary, I am proud to say that United States has a thriving economy, in large part 
because of the emphasis we place on the success of our innovators, creators and businesses. We do 
this by stimulating i nnovation and creativity through protecting intellectual property rights and 
creating enabling environments for effective local and national initiatives, aided by public -private 
collaboration. I hope the examples I provided will lead others to consider sim ilar approaches for the 
benefit of their innovators, creators and businesses.  
11.4  Chinese Taipei  
271.  We would first like to thank Japan for  proposing this agenda item and for introducing the 
discussion paper inviting Members to share their experiences on the topic of "Innovative Approaches 
to Assisting in the Brand Promotion and the Creative Industries " We fully recognize the value of this 
theme and we are pleased to co -sponsor this agenda item.  
272.  I would like to share with you the various ways in which my government is endeavouring to 
help certain parts of the private sector - especially the small - and me dium-sized enterprises in rural 
areas - to build their products or services on the basis of regional characteristics through an 
innovative branding and IP strategy at both the national and the regional levels.  
273.  With the relentless spread of industrializati on, not surprisingly many people have migrated 
from villages to urban areas. As a result, development in rural areas has stalled, and the traditional 
agricultural villages are gradually losing their distinctive characteristics in terms of life -style and IP/C/M/92/Add.1  
 
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  culture. As a result, the widening gap between urban and rural development has become a big 
challenge for government.  
274.  In attempting to address this issue, our government initiated in 2018 a national plan for 
regional revitalization. Its main objective is to develop regional industry with an emphasis on the 
special characteristics of the particular region, which is designed to attract re -located residents back 
to the region and encourage younger people to return home, thus helping to reverse the trend of 
shrinking populations in rural areas.  
275.  The plan is based on five main strategies, including tax incentives for people investing in their 
home -towns, the introduction of new technology, an integrated programme for supporting the 
eco-system, the establishment of local brands, and adjustments to the regulatory environment.  
276.  In view of this topic, I will focus on the subject of the promotion of local branding and its 
benefits to the development of regional economy.  
277.  First, we feel the importance of making good use of Geographic Indications (GI) for the 
branding of any local product. Our experience with developing the use of geographical certification 
marks on local brands of agricultural products shows that GIs do have a positive sustainable effect 
on local communit ies and their economies.  
278.  We have been accepting applications for registering GIs as geographical certification marks 
since 2003. A total of 77 resident registrations for geographical certification marks and collective 
trademarks have been approved so far.  
279.  A geographical certification mark or collective trademark is an invisible property of all 
stakeholders within a certain geographical area.  
280.  One very good example that I would like to share with you is our first ever geographical 
certification mark, named "Chihshang Rice ", which was registered by the Chihshang Township Office 
of Taitung County to identify the origin by the name of the place where the rice is grown under the 
protection of the certification mark. This registration can be attributed to Chishang 's unique 
geographical environment and the strict regulations that govern the use of certification marks.  
281.  However, local farmers ' associations in Chihshang are not satisfied defining themselves as only 
simple rice growers. They reached out to cooperate wi th the local government and other business 
community to jointly develop the brand and reputation not only Chihshang rice but the Chihshang 
township. Through reinterpreting local characteristics and diversified marketing strategies, this very 
traditional ag riculture community has been repositioned today as a township with vibrant culture 
creative industry.  
282.  By looking at the various practices and measures applied over the years, we have been able 
to conclude a number of major benefits produced for this region  through public and private 
cooperation in the context of a strong branding strategy and a supportive IP system. These are as 
follows:  
283.  Firstly, the protection of farmers ' rights by attacking counterfeiting.  
284.  The registration of a certification mark or col lective trademark establishes the order of market 
trade and provides a guarantee to consumers, helping the local agricultural producers to create a 
good strong brand.  
285.  Secondly, increasing the incomes of farmers.  
286.  An analysis of farmers ' incomes from the Ch ihshang rice brand shows that, after subtracting 
costs, their profit has more than doubled.  
287.  Thirdly, improving the quality of crops.  IP/C/M/92/Add.1  
 
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  288.  In order to sell their products at a good price, farmers try their best to produce healthier and 
safer foods that meet the  stricter standards of today. The result is that both the quality and the 
prices of local agricultural products are rising.  
289.  Fourthly, increasing local revenues.  
290.  Both the local governments and the local farmers ' associations benefit from the branding of 
products. Since 2005, the Chihshang Township Office has issued 7.1 million labels, which have 
generated more than 14.2 million NT$ of revenue for the township.  
291.  And, fifthly, boosting both the rural economy and tourism.  
292.  There is a close connection between th e promotion of locally branded products and tourism. 
It opens  up a wide array of revenue -generating opportunities such as food processing, leisurely tour 
experiences and dining. Surveys have shown that many tourists are attracted to visit the township 
simply because of their high awareness of Chihshang rice.  
293.  In short, Chishang 's success story is one of the best examples of the revitalization of domestic 
townships.  
294.  Another important government project aimed at developing local industries has the name, 
"One T own, One Product " (OTOP). It is undertaken by the Small - and Medium -sized Enterprise 
Administration to help those local industries with a distinctive cultural and historical image to adopt 
the concepts of innovation, creativity and branding, and to develop  them to their best advantage.  
295.  A team of experts composed of specialists from the worlds of design, financing and marketing, 
was formed to research local industries and identify distinctive products in every township. The team 
has been working alongside l ocal companies to transform simple products into masterpieces.  
296.  So far, the OTOP has successfully helped to transform over 120 businesses operating in 
traditional industries. This not only gives a boost to the local economies, but also creates new job 
opportunities locally.  
297.  To conclude, it is worth emphasizing once again that collaboration between the public and the 
private sectors in promoting regional economies through innovative branding and IP strategies is 
absolutely essential. On the other hand, how t he government carries out its strategic planning to 
assist private sectors in making better use of their own resources for revitalizing rural communities 
and local industries still remains an important issue.  
298.  We look forward to hearing about other Members ' relevant experiences and the measures.  
11.5  Switzerland  
299.  My delegation wishes to thank Japan for introducing submission IP/C/W/653 for the  Council 's 
discussion. Switzerland is pleased to co -sponsor both the agenda item and the written submission.  
300.  During the last session of the TRIPS Council in February, the Council looked at the role of 
governments as potential promoters of knowledge transf er, in providing start -ups with expertise or 
assigning intellectual property rights. In t hat session, it is proposed to focus on creative industries 
and their methods of utilizing intellectual property. Creative industries combine the creation, 
production,  distribution and dissemination of creative goods and services.  
301.  In contrast to high -tech industries, where patents play a key role in protecting intellectual 
property, the creative sector also relies on other intellectual property rights, such as industri al 
designs, trademarks or copyright .3 The type of IPR that is made use of is influenced by what the 
supportive and collaborative function of the State may be. In the creative industry, it is primarily 
private actors that create intellectual property, unlike in technological sectors, where, so metimes, 
                                                
3 WIPO, 2017: How to Make a Living in the Creative Industries . Geneva: WIPO.  
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_cr_2017_1.pdf  (accessed April 23, 2019)  IP/C/M/92/Add.1  
 
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  the public sector produces basic research and then shares or transfers the rights to its intellectual 
property with or to the private sector for commercialization purposes .4  
302.  Nevertheless, public -private collaborations can also play an important r ole in the creative and 
branding industry. Let me illustrate this with the following example:  
303.  Inspired by the idea of building a sustainable freeride ski, Hanno Schwab, a Swiss engineer 
and passionate frees  kier, started experimenting with different types of local wood. Guided by his 
vision, he succeeded in inventing 100% sustainable and regionally produced skis. The skis are able 
to compete with top brands in terms of quality and driving pleasure. After rece iving enthusiastic 
feedback on his idea of sustainable and handcrafted skis, Hanno Schwab decided to fund his own 
company in 2014: the Earlybird Skis LLC.  
304.  At this point, Hanno Schwab had no experience in establishing or managing a company. So, 
he decided t o apply for a coaching program me at the Swiss Creative Hub .5 Creative Hub , a non -profit 
organization, was founded by the Federal Office of Culture, the Swiss Arts Council, Pro Helvetia, and 
Engagement Migros. As part of the government project of design pro motion, Creative Hub  supports 
Swiss designers in the product commercialization process. This support consists of a one -to-one 
coaching program me covering matters concerning finance, marketing strategies, market access, 
licensing and intellectual property r ights.  
305.  The Swiss Creative Hub provides an online platform for the designers ' products as well as 
networking opportunities for creative entrepreneurs. As a result of the Creative Hub 's coaching, the 
young entrepreneur decided to register a combined tradema rk at the European Union Intellectual 
Property Office (EUIPO) for the territory of the European Union and Switzerland. Thanks to this 
trademark protection, Hanno Schwab was able to create his own brand, linking the trademark to his 
company 's products and v alues. Today, Earlybird Skis LLC is known for its regionally and sustainably 
handcrafted, high quality skis.  
306.  Did Mr. Schwab live happily ever after? Well, the brand faced its share of challenges . From 
2017 until early th e year, Hanno Schwab 's company was faced with a trademark dispute at the 
EUIPO. The company 's money went into the litigation process instead of the ski manufacturing. At 
this point, the emergence of a second public -private collaboration helped Hanno Schwab to continue 
manufacturing skis whi le the litigation was ongoing.  
307.  The Swiss Confederation 's cultural promotion institution, Pro Helvetia, supports and 
disseminates Swiss culture and arts. Pro Helvetia provides grants to young companies, helping them 
to stay financially independent. However , this support is not given unconditionally. Applicants have 
to demonstrate that they hold the rights to their project because the agency wants to ensure that 
only independent entrepreneurs can apply for funding. This is where holding an IP right can help – 
an applicant could prove their eligibility by, for example, providing evidence that they have 
registered an IP right in their own name.  
308.  Ultimately, the legal dispute was resolved. After lengthy negotiations, the parties agreed that 
Earlybird Skis LLC wou ld purchase the opposing trademark. Now, Hanno Schwab can fully 
concentrate on using his trademark -protected brand as a central link to his customers and in his 
marketing efforts. The trademark is key in helping customers to differentiate between Hanno 
Schwab's skis and other companies ' products. This provides a greater effectiveness on the market 
by preventing confusion, mistakes and deception.  
309.  Earlybird Skis LLC can safely invest in the reputation of the brand by ensuring its product 's 
quality, regional nature and sustainability. Should a competitor try to free -ride on Hanno Schwab 's 
brand and illegitimately use his trademark, the young entrepreneur can seek redress through the 
judicial authorities: an effective tool to protect long -term investment in his  brand. Furthermore, like 
other intellectual property rights, trademarks are valuable assets. They can serve young companies 
                                                
4 Rosenzweig, J.; Roche, P.; Chishty, F.; Thompson, A.; Ahmad, F. 2018: How Governments Are 
Sparking Growth in Creative Industries. Boston: The Boston Consulting Group, Inc. http://image -
src.bcg.com/Images/BCG -How-Governments -are-Sparking -Growth -in-Creative -Industries -Mar-2018_tcm9 -
187340.pdf  (accessed 23 April 2019)  
5 Swiss Creative Hub: https://archive.creativehub.ch/index.php?seite=sites/layout/engl.php&id=1  
(accessed 22 May 2019)  IP/C/M/92/Add.1  
 
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  by signaling to investors that they have attractive assets. It can be crucial for the survival of a 
business, whether start -up or e stablished, to have access to loans in addition to the company 's own 
capital to manage a lean period or an event like a judicial proceeding.  
310.  Today, the Earlybird  Skis LLC is working together with a team of passionate skiers who are 
promoting the products on social networks. So, this story does have a happy ending, after all. What 
my delegation takes from this is that many creative companies are not aware of the im portance and 
benefits of safeguarding intellectual property rights for their creative work. In this respect, 
governments have a responsibility to make this type of information available to the business and 
creative communities. At the Swiss Federal Institu te of Intellectual Property, the IP Office of 
Switzerland, we take this important point into account and we will increase our efforts to raise 
innovators ' and creators ' awareness of intellectual property rights, and how they can be used to 
promote a busine ss. 
11.6  Singapore  
311.  I would also like to thank Japan for submitting this discussion paper, as a follow -up to 
February 's fruitful discussion on  "Public -Private Collaborations in Innovation ". Japan 's paper, which 
focuses on "Innovative Approaches to Assisting in Branding and Promotion and the Creative 
Industries ", is timely and relevant. It will help to build on our discussions in February, during  which 
many Members shared success stories of how public -private collaborations in research and 
development have contributed to improve lives, build resilient communities and create good jobs. 
Hence, Singapore is pleased to co -sponsor Japan 's paper  
312.  As the paper encourages us to examine both regional and national efforts, let me begin by 
sharing with you a regional initiative from the Association of Southeast Asian Nations, or more 
popularly known as ASEAN. In 2015, more than 40 ASEAN women entrepreneurs est ablished a 
regional product brand and marketing platform named the GREAT Women ASEAN Collection. In case 
you are wondering, GREAT is the acronym for Gender Responsive Economic Actions for the 
Transformation of Women.  With support from the US, which is a Di alogue of Partner of ASEAN, 
ASEAN Members and the women entrepreneurs designed an innovative approach and brand at the 
regional level, to enable women entrepreneurs to work collectively to (a) foster fair employment and 
fair-trade conditions, (b) market th eir products beyond their national borders, and (c) protect their 
product designs from being illegally copied and sold.  
313.  Moving to the national level, allow me to share three key factors that drive Singapore 's 
experience in supporting the development of branding strategies for our local businesses and the 
intellectual property (IP) management strategies for the creative industries . 
314.  First, we capitalise on our strengths . Singapore is known as a gourmet paradise, with a strong 
food culture and a population th at prides ourselves on having a very discerning palate. In short, 
Singaporeans love to eat, and eat good food. Hence, quality food has become an essential dimension 
of the Singapore brand that our companies can leverage on to grow their businesses in the r egional 
and global markets. One success story is a restaurant called Putien which specialises in Chinese 
Heng Hwa cuisine. Putien started as a small coffee shop in Singapore in 2000, and through good 
business practices, expanded rapidly in Singapore. In or der to expand beyond the small Singapore 
market, Putien collaborated with Enterprise Singapore (ESG) to establish its presence in China. 
Putien now has 13 outlets in Singapore, and more than 40 restaurants across China ; Hong Kong,  
China;  Indonesia ; Malaysia and Chinese Taipei. It has also received one Michelin star for three 
consecutive years from 2016 to 2018.  
315.  Second , we create an enabling environment . Many MSMEs have valuable products or services 
to share with the world, but lack resou rces and information to devise a branding strategy. This is 
where governments can step in to provide the necessary expertise to guide such businesses in the 
right direction. In this regard, Singapore government agencies have worked hand -in-hand with 
indust ry associations and other relevant stakeholders to develop sector -specific information 
resources. An example is the Advocate for the Arts: A Legal Handbook for the Creative Industries , 
that was launched in January 2018. This was developed and published by the Law Society Pro Bono 
Services with support from the National Trades Union Congress (NTUC). Besides information on 
copyright, the handbook provides information on contracts, insurance, trademark essentials, dispute 
resolution options and sample contract ual clauses.  IP/C/M/92/Add.1  
 
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  316.  Third, we strive to be forward -looking.  Given the rapid and relentless digital transformation, 
the public and private sectors must work closely to scan the horizon for trends and be nimble in 
responding to new challenges, especially on the in tellectual property (IP) front. In this context, the 
IP ValueLab , a subsidiary of the Intellectual Property Office of Singapore (IPOS), provides 
consultancy services to help local businesses  and creative personalities  with strategic management 
of their IP,  including brands. Through such government support, a vibrant creative culture has 
developed in Singapore, and this is reflected in Singapore 's ninth placing in the 2015 Global 
Creativity Index by the Martin Prosperity Institute.  
317.  Let me close by noting tha t the possibilities of how the public sector can help businesses and 
creative personalities grow through branding and IP management are endless, and such exchange 
of experiences and ideas are helpful in enabling Members to learn from each other and avoid m aking 
the same mistakes.   
11.7  Canada  
318.  Canada is pleased to co -sponsor the present meeting 's "IP and innovation " theme of 
"Innovative approaches  to assisting in branding and promotion and the creative industries ", and the 
accompanying communication on this topic. We would like to thank Japan in particular for drafting 
the paper for discussion, under document IP/C/W/653. We would also like to thank  the co -sponsors 
of this discussion, and all Members that have shared their national experiences and insights so far.  
319.  Canada would first like to take this opportunity to present on a recent initiative involving 
Canada 's creative industries, the "Creative E xport Strategy ". 
320.  Canada 's creative industries are diverse and world class. In 2017, arts, culture and heritage 
contributed CAD  53.1 billion (or roughly USD  39.52 billion) to the Canadian economy and  accounted 
for more than 665,000 jobs in sectors such as film and video, broadcasting, music, publishing, 
archives, performing arts, heritage institutions, festivals and celebrations. The important 
contributions made by these sectors plays an important rol e in enhancing our country 's prosperity 
and in demonstrating a positive image of Canada on the international stage.  
321.  Canada firmly believes that a strong Canada brand that resonates internationally contributes 
to the innovation and commercialization of our creative sector. For this reason, in June 2018, the 
Government of Canada launched the Creative Export Strategy, a five -year multifaceted initiative 
focused on maximizing the export potential of Canadian creative industries and promoting Canadian 
talent abr oad. The investment of CAD  125 million (or roughly USD  93 million) over five -year 
demonstrates Canada 's commitment to ensuring that our creative industries have strong presence 
in international markets.  
322.  The Strategy is organized around three pillars: 1) bo osting export funding in existing 
program mes administered by the Department of Canadian Heritage and Telefilm Canada, a Crown 
corporation that reports to Parliament through the Minister of Canadian Heritage; 2) strengthening 
the presence of Canadian creati ve industries abroad by offering direct services to companies through 
Global Affairs Canada 's Trade Commissioner Service; and 3) establishing a new funding program me, 
and building relationships through trade missions and participation in key international events.  
323.  The new funding program me, called Creative Export Canada, provides financial support for 
projects from Canadian entities, including the private sector, that foster innovation and 
discoverability of Canadian content abroad. One of the program me's first recipients received funding 
to create an immersive exhibition that will showcase and amplify the international reach of Canada 's 
creative industries through virtual reality, augmented reality and mixed reality content. The results 
of this program me could provide valuable information on how private -public sectors can collaborate 
to encourage innovation.  
324.  As part of the Creative Export Strategy, the Government of Canada is also supporting Canada 's 
participation as the Guest of Honor Country at the Frankfu rt Book Fair in 2020. Canada 's participation 
in this international event, a high profile, high visibility global initiative, allows Canada to showcase 
Canadian cultural content to the world. A key principle guiding our participation to this event is 
innova tion in creative industries.  IP/C/M/92/Add.1  
 
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  325.  We know that some of the key drivers of favourability  toward Canada in the global marketplace 
are its contribution to innovation, its cutting -edge ideas in the creative sector and Canadian -made 
products. Fostering innovation and promoting the Canada brand internationally through the 
incredible artistic and i maginative work of our creators is at the cornerstone of the Creative Export 
Strategy.  
326.  Turning to the issue of branding, we would also like to take the opportunity to present on two 
Canadian branding initiatives, "EduCanada " and the "Canada Brand ". 
327.  In 201 6, Canada unveiled its new education brand – the EduCanada brand – as part of 
Canada 's efforts to attract more international students to Canadian schools. The EduCanada brand 
provides a single, strong and coherent message to promote Canada 's educational of ferings. The 
EduCanada logo has been displayed prominently at Canada 's Trade Commissioner Service education 
promotion events, and on branding materials produced by Global Affairs Canada, as well as Canada 's 
provinces and territories, universities, colleges , Collèges d 'enseignment général et professionnel (or 
CEGEPs), language schools, and kindergarten -to-grade 12 institutions. Additionally, to support the 
effectiveness of the brand, Canada has registered the EduCanada logo as a trademark, both 
domestically and abroad.  
328.  As well, in 2006, the "Canada Brand " was introduced as part of Canada 's Food and Agriculture 
Strategy to raise the international profile of Canadian food and agriculture products and help 
motivate buyers to source from Canada. The introduction of the Canada Brand was based on buyer 
and consumer research conducted in several key markets, which consistently displayed Canada 's 
reputation abroad. However, this research also revealed that potential customers in international 
markets had little knowle dge about Canadian food and agriculture products.  
329.  Further to this research, work began on the Canada Brand in 2004, and involved cooperative 
efforts among Canada 's federal, provincial and territorial governments, and industry representatives. 
The Canada Br and strategy is designed to communicate a specific set of key attributes that the 
Canadian food and agriculture sector can ideally be known for, such as quality; commitment to food 
safety and environmental sustainability; and costumer focus. The brand also  takes a "brand 
architecture " approach, which layers the attributes at a pan -Canadian food and agriculture sector 
level. For instance, Canada 's environment is leveraged in sector messaging.  
330.  The Canada Brand was officially launched in 2006, with an applicat ion process to enrol 
Members. Through the Canada Brand, the Department of Agriculture and Agri -Food Canada provides 
a bank of tools, free of charge, to support industry marketing activities. These include graphics and 
logos that can be used in company or a ssociation marketing materials or on labels. The Canada 
Brand is aimed at Canadian companies, industry associations, federal, provincial, and territorial 
governments, academia, or other entities that have a role to play in the marketing and promotion 
of Ca nadian food and agriculture products. In support of licensing the brand to Canadian entities 
that have a role in producing, promoting or supporting Canadian food and agriculture products, 
Canada obtained protection for the Canada Brand logo under Canada 's Trade -marks Act.  
331.  To conclude, Canada would like to thank the co -sponsors for the  discussion on the important 
issue of innovative approaches to assisting in branding, promotion and the creative industries. We 
would like to once again thank all Members for s haring their insights, and for the opportunity to 
present on Canada 's national experiences.  
11.8  Chile  
332.  We would like to thank the proponents of this agenda item for giving us a chance to share 
some joint initiatives we have with the public and private sectors.  
333.  First of all, we would like to refer to the programme of sectoral trademarks spearheaded by 
ProChile, the agency entrusted wi th promoting the exportable supply of Chilean goods and services.6 
                                                
6 The PowerPoint presentation is available in Room Document RD/IP/ 33. IP/C/M/92/Add.1  
 
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  Sectoral trademarks  
334.  The sectoral trademarks programme is a public private partnership whose aim is to help 
national productive sectors consolidate their position on the international market  through the design 
and implementation of sectoral trademarks that are representative of the various national productive 
sectors that help project Chile 's image abroad.  
335.  In this way, sectoral trademarks seek an opening to the world under a brand that unites  
different companies from the same sector using common strategies and tactics.  
336.  Among other things, sectoral trademarks help make the distinction while encouraging the 
association of productive sectors. This promotes economies of scale, which in turn helps to project 
onto the international arena small and medium sized enterprises that are associated with a sectoral 
trademark, thus aiding consumers to identify and remember their products and services.  
337.  Sectoral trademarks benefit throughout the year from their  availability throughout the year, 
the active participation of the entities that represent typical products, co-financing  of up to 60%, as 
well as the design and implementation of campaigns that can last up to 24 months.  
The role of intellectual property i n sectoral trademarks  
338.  Through the development of collective trademarks or certification marks, ProChile helps with 
the production of a user 's guide and regulatory guidelines for trademarks and provides advisory 
services in the registration process.  
339.  These a re some of the sectoral trademarks created as collective marks and certification marks.  
340.  Similarly, you can see here some of the sectoral trademarks broken down by different 
productive sectors.  
341.  Lastly, a demonstration of the sectoral marks and their presenc e. 
Seal of origin  
342.  Another public private partnership initiative is the Seal of Origin programme led by the National 
Industrial Property Institute (INAPI) of Chile. The aim of this initiative is to promote, preserve, 
protect and develop traditional and uniq ue products from Chile.  
343.  The seal of origin programme uses different intellectual property tools, including geographical 
indications, designations of origin, and collective and certification marks. The programme already 
includes 32 products, with another tw o requests in the pipeline. These include products in different 
categories such as handicraft, textiles, fruit, fish and salt, among others.  
344.  Lastly, we would like to leave you with the case of pottery from Quinchamalí.  
11.9  European Union  
345.  The EU and its Members have a long -standing history of using branding and promotion in the 
creative industries as well as for other IP rights th at have a particular attachment to specific regions.  
346.  With regard to the creative industries, the Creative Europe MEDIA programme plays a crucial 
role in supporting Europe 's audio -visual  sector through the development, promotion and distribution 
of thousand s of films/TV series as well as support to training programmes, film festivals, cinema 
networks or distribution platforms. Since its launch in 1991, the MEDIA programme has supported 
the continuous transformation of the audio -visual  industry and promoted c reative collaboration 
across borders supporting individual regions in Europe. It has invested EUR 2.6 billion in European 
content, creativity and cultural diversity, helped in the development of thousands of films, their 
international distribution and prom otion. It has forged links between professionals and provided high 
quality training for thousands of producers, directors and screenwriters. Each year, MEDIA supports 
around 2,000 European projects in film, television, including series and other audio -visual works, 
which are distributed in cinemas, on television and through video on demand  platforms.  IP/C/M/92/Add.1  
 
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  347.  The core of the programme is supporting cross -border collaboration in Europe, between the 
MEDIA countries, but also beyond. The participation to the MEDIA pro gramme is not restricted to 
the EU, but includes Norway, Iceland, Albania, Bosnia and Herzegovina, Montenegro, 
the Republic  of North Macedonia, Serbia and Tunisia.  
348.  EU Members have numerous additional programmes, such as the UK 's Creative Industries 
Cluste rs Programme, which brings together world -class research talent with companies and 
organisations from across the UK.  
349.  Furthermore, in the EU the tourism sector is one obvious area where branding and promotion 
of local products and services has significant i mportance. The European Commission through the 
COSME programme co -funds projects on tourism and Cultural and Creative Industries. Two calls for 
proposals on the synergies between tourism and Cultural and Creative industries were launched in 
2017 and 2018. Six projects with 46 beneficiaries from 20 countries were awarded under the first 
call for proposals to develop and promote transnational tourism products, such as routes, itineraries, 
tourism offers, specifically related to European cultural heritage, wit h a particular focus on using 
Cultural and Creative industries - related technologies in promoting these tourism products and 
enhancing visitor 's experience. In addition, seven  projects under the second call for proposals with 
54 beneficiaries from 18 coun tries will create tourism offers capitalising on the creative potential of 
Cultural and Creative industries and will develop innovative services and products to enhance 
existing or develop new tourism experiences. The implementation of the selected project s will run 
until 2021.  
350.  COSME also provides for specific actions directly aiming at Cultural and Creative Industries. 
The WORTH partnership project supports collaboration between SMEs or start -ups, creative 
professionals and tech -providers with the objecti ve to develop new products, services and business 
models. Through this initiative, the European Union wants to:  
a. Promote design and creativity as innovation -trigger;  
b. Help SMEs and creative professionals to share knowledge & competences;  
c. Support transfer o f knowledge & competences across different regions in Europe;  
d. Support European know -how and artisanal skills at local and trans -national level; and  
e. Upgrade and create high value -added products/services.  
351.  By the end of 2021, the WORTH partnership project wil l provide 150 partnerships with different 
kind of support, such as funding (i.e. EUR 10.000 each partnership), legal advice on IPR -related 
issues, business advice (i.e. market analysis, business planning), coaching (i.e. design -thinking and 
preparation to trade shows).  
352.  Finally, recognizing and fostering the value of local products through a unique branding and 
promotion strategy at the international, national and regional level can also be important for certain 
IP intensive sectors in rural areas. Developm ent and promotion of special unique IP -protected 
products or services that are produced or provided only in a specific geographic area, increases 
tourism and the regions reputation and exports. Ultimately, it boosts the local economy.  
353.  The EU and its Membe rs therefore have an important agro -food promotion policy that also 
includes Geographical Indications. Promotion measures aim to increase consumers ' awareness of 
the merits of the Union 's agricultural products and production methods and to increase the 
awareness and recognition of the quality of these local and regional products. In addition to 
promotion programmes, the EU carries out actions such as presence in international fairs, 
communication campaigns or the organization of export seminars. Such promot ion campaigns create 
a platform to share information with a very diverse public and above all amount to a 'business card ' 
for European regions in foreign markets.  
354.  Of course, specific promotion of local and regional products is carried out as well by a large 
number of EU Members. For example, the administrative body in charge of the management of 
quality labels in France has done very innovative education campaigns. Local and regional products IP/C/M/92/Add.1  
 
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  are used to promote both the territory from which the product comes from and tourism activities 
associated with it. In Italy, the government provides financial support to Italian regional consortia 
that face legal challenges. Also, the UK government in its "Food is GREAT " campaign, together 
several key private sector partners, promotes regional specialities.  
355.  IP policy -making should enable local communities at all levels of development to recognize 
and market their own knowledge production. Economic remuneration from cultural production in this 
manner will be an important source of revenue and stimulus for development in the Knowledge Age.  
356.  Products and services with regional links empower local communities to commercialize their 
products and services by creating markets for local communities ' reputable products and services 
recognizing and reinforcing cultural contributions and reward the creativity of traditional and 
innovative knowledge holders. They can be part of a successful r egional development strategy in 
countries of all levels of economic development.  
11.10   Korea, Republic of  
357.  As a co -sponsor of the agen da item "IP and Innovation ", Korea is pleased to have the 
opportunity to share some of its experiences of the public sector actually helping creative businesses 
to thrive through the development and protection of IPs.  
358.  The Korean government has exerted tre mendous efforts to boost creative industries, often 
referred to as "content industries " in our country. We have done so in an integral way. And such 
efforts have spanned film, music, and broadcasting.  
359.  The overall objective of such government support is to  help those content industries to fully 
harness their competitive edge – and fully realize their potential - by building and utilizing IP rights, 
in particular copyright. Elements in this include the strengthening of IP capacity. They include the 
protectio n of IP. And they include also expanding their operations to global markets.  
360.  Such endeavours  are indeed unfolding in these three main pillars. Firstly, the government has 
assisted in the strengthening of IP capacity of creative businesses, especially smal l businesses. IP 
rights are regarded as one of the fundamental stepping stones that can help small content businesses 
to take great strides forward. The Ministry of Culture, in conjunction with the Korea Copyright 
Commission, is providing them with special ized consulting services on key features of IP as well as 
know -how on developing and utilizing IP including branding.   
361.  Secondly, protecting the IP that those creative industries have established is another important 
pillar of the activities by the public sector. The Korea Copyright Protection Agency operates a help 
desk that handles IP infringement of Korean creative industries, both on -line and off -line, and often 
at the request of those firms. And the help desk also undertakes real -time monitoring of pos sible 
cases of infringement.   
362.  Last but not least, as more and more Korean content industries go global these days, the 
public sector is facilitating 'creative businesses ' access to foreign markets by providing a range of 
market information including on distribution channels and legal systems. In addition, the Korean 
government has stepped up its efforts to tackle various forms of copyright infringement abroad in a 
whole ra nge of content industries. The government has exerted utmost efforts to establish a 
collaborative system to handle various IP -related issues in close cooperation with the foreign 
government in the country where the infringement has taken place.  
363.  I would lik e to share with you an example of a small enterprise that has, through the 
development of copyright, truly succeeded in realizing its potential. A small company "Arima 
Corporation ", an animation production company, was able to capitalize on its IP rights w ith the 
assistance of consulting services provided by the Korea Copyright Commission. Garnering its 
competitive edge, this company has expanded its activities to China, exporting its English animation 
content to numerous agencies, including Broadcasting in  China.  
364.   Drawing on such experiences, our government will continue to work hard in order to boost 
the creativity and competitive edge of Micro and Small and Medium -sized Enterprises (MSMEs) by 
building IPs.  IP/C/M/92/Add.1  
 
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  11.11   Benin, on behalf of the LDC Group  
365.  The Group of LDCs wishes to thank the co-authors  of document IP/C/W/653/Add.1. It raises 
a number of major issues.  
366.  The group is interested in certain aspects of this communication. However, it is not in a position 
to comment on this communication during this meeting. It will revert to it subsequently and will not 
fail to formulate action -oriented recommendations.  
11.12   Ukrai ne 
367.  We would like to thank the co -sponsors for both putting the topic of private -public collaboration 
in innovation on the agenda of t he meeting and the communication circulated earlier, as well as for 
their insightful presentations.  
368.  To contribute to this debate, Ukraine would also like to share its experience of private -public 
cooperation in the sector of creative industries.  
369.  We believe tha t protection of intellectual property rights for creative products is one of the 
strategic goals on the path to development of creative industries in Ukraine. Thus, the Ukrainian 
government continues to take necessary steps to improve both legal and busine ss environment that 
would facilitate the growth of the creative industries within the country. As a result, in 2018 Ukraine 
ranked 43 out of 126 countries on the Global Innovation Index as compared to 56 in 2016.  
370.  In 2017 the initiative "Creative Ukraine " was launched in order promote better cooperation 
between the government, civil society and creative businesses. The international forum "Creative 
Ukraine " is a platform for political and expert discussions on the development of state policy in the 
field of cultural and creative industries. This forum aims to enhance public -private cooperation in at 
national and regional levels.  
371.  The Second Annual International Forum "Creative Ukraine ", organized by the Ministry of 
Culture of Ukraine, was held in November 2018 and gathered international experts and European 
policymakers in the field of creative economy to discuss the ways of combining the efforts of the 
Government, private sector and the community in shaping the national policy in the sector of creative 
indust ries.  
372.  The discussions during the Forum in 2019 will be centred around the ways to further facilitate 
Ukraine 's integration into the EU single digital market in the context of intellectual property rights 
in the field of creative industries.  
373.  Considering th e latest tendencies in the cultural policies, in particular digitalization, 
decentralization, mobility, urbanization, inclusivity, Ukraine pursues modern technologies as an 
instrument that provides for an equal access to culture, encourages development of creative forms 
of self -expression, allows for an internationalization of creative products and simplification of 
conditions for protection of intellectual property rights.  
374.  Ukraine is interested in further discussions on the topic and looks forward to lear ning more 
about other Members ' experiences in this sphere.  
11.13   Colombia  
375.  I would like to present to all Members the Colombian initiative to fo ster creative industries as 
an important driver for our economy.  
376.  In the last 20 years, the conception of cultural and creative industries as a vehicle of economic 
and social development has been gaining more and more momentum in the country. As a 
backgroun d to this growing interest, it is worthwhile to refer to the pioneering studies carried out by 
the Ministry of Culture, hand in hand with various public and private sector entities and the academia, 
within the framework of the economy and culture initiativ e (for example: "Mapping of creative 
industries in Bogotá and Soacha ", "the economic impact of cultural industries in Colombia, and the 
"economic and cultural future of the record industry ", among others).  IP/C/M/92/Add.1  
 
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  377.  Similarly, the process of the Internal Agenda for the Culture, Media and Advertising Sector 
and CONPES 2659 of 2010: National Policy for the Promotion of Cultural Industries in Colombia, 
allowed the recognition of the main needs of the sector (distribution, financing, human capital, 
promotion, use of new technologies, local development, among others) and the definition of a public 
policy for the use of the competitive potential of cultural industries.  
378.  Another noteworthy factor is the sectoral promotion laws implemented in the country, 
pioneered by Law 98 of 1993 (Book Law), which is responsible for the good performance of the 
Colombian publishing sector. Likewise, Laws 814 of 2003 and 1556 of 2012 implemented a parafiscal 
contribution and a tax incentive for private investment in national films, and developed an adequated 
legal structure for the production of foreign cinematographic productions in the country. Finally, Law 
1493 of 2011 concentrates on the stimulation and formalization of public performing arts shows and 
the development of their in frastructure.  
379.  On the other hand, based on the previous achievements, the current Government has been 
working on the design and implementation of a systemic and articulated approach that allows for 
the integral strengthening of the cultural and creative ind ustries in the country. A first reference to 
understand the work that the Government has been developing around creative and cultural 
activities is Law 1834 of 2017 (better known as the Orange Law/Ley Naranja), which has as its main 
purpose to protect and promote this type of industries in the country through a work focused on 7 
strategic lines (information, institutions, industry, infrastructure, integration, inclusion and 
inspiration), which respond to the main challenges faced by entrepreneurs and orange  economy 
entrepreneurs.  
380.  Within the framework of the Orange Law, creative industries are conceived as those sectors 
that combine creation, production and commercialization of goods and services in intangible contents 
of a cultural nature, and/or those that  generate protection within the framework of copyright. They 
also include, but are not limited to, the following sectors: publishing, audiovisual, phonographic, 
visual and performing arts, tourism and tangible and intangible heritage shows, artistic and cu ltural 
education, design, advertising, multimedia content, interactive audiovisual content and services 
software, fashion, news agencies, and information and creative education services.  
381.  In response to the actions proposed in this law, our Government creat ed the National Council 
of Orange Economy formed by the Ministry of Culture, Ministry of Internal Affairs, Ministry of Finance 
and Public Credit, Ministry of Labor, Ministry of Trade, Industry and Tourism, Ministry of National 
Education, Ministry of Inform ation Technologies and Communications, National Planning Department 
(DNP), National Administrative Department of Statistics (DANE), National Learning Service (SENA), 
National Department of Copyright (DNDA) and the Financial Agency for Territorial Developme nt 
(FINDETER).   
382.  This Council, under the leadership of the Ministry of Culture, has been laying the foundations 
of the National Orange Policy, based on the same components and principles set forth in Law 1834 
of 2017 (the seven  i's). It is important to emphasize that the P olicy takes into account the diversity 
of agents present in the sector (community and non -profit organizations, emerging ventures, 
consolidated ventures and large companies) and that it is being built through an articulated work 
between the different gover nmental entities. At present, this Council has managed to involve more 
than 30 of them and around 30 organizations from the private sector and the territorial domain.  
383.  Likewise, for the first time, culture and creativity have a strategic place in the Natio nal 
Development Plan through the Pact for the Protection and Promotion of our Culture and Development 
of the Orange Economy, which condenses a series of actions aimed at the development and 
consolidation of creative sectors focused on the generation of inf ormation, strengthening the 
institutional environment, the development of creative industries, the generation of infrastructure, 
the integration of the orange economy with international markets and other productive sectors, the 
inclusion of human capital a nd the promotion of intellectual property as a support for creative 
inspiration (the seven  i's). This Plan, structured under the guidelines of the National Council of 
Orange Economy, contains ambitious goals for the four -year period 2018 -2022, among which the 
following stand out:  
a. Increase exports in orange economy by USD 1,000 million ; 
b. Increase Foreign Direct Investment in orange economy by USD 200 million ; and  IP/C/M/92/Add.1  
 
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  c. Implement five Orange Development Areas (ODA). Hubs of economic activity that will 
promote the i dentity and creative vocation of the communities in which national and 
international private investment will converge and will generate a critical mass of 
industries, creative and innovative people.  
 
384.  In the same way, it is worth noting that the action of t he National Council of Orange Economy 
is projected as a long -term policy of "Orange State ", which transcends the current government, and 
which is also aimed at economic development through the strengthening overtime of a 
comprehensive initiative for the cr eative and cultural economy.  
385.  The last initiative that I would like to present is lead by the governmental agency that supports 
entrepreneurial initiatives -iNNpulsa Colombia - in an articulated fashion with the other governmental 
entities, and it is aimed at advancing in the design of instruments to support entrepreneurship and 
enterprises of the Orange Economy. Among the main projects for 2019 the following can be 
highlighted:  
• Aldea Naranja/Orange Village:  Through a series of challenges seeks to build a co mmunity 
where entrepreneurs and innovative orange entrepreneurs have the opportunity to meet and 
interact with a community of experts and advisors who will help them overcome the most 
difficult barriers in order to grow. These entrepreneurs will receive ac cess to specialized 
services, tailored to their needs and within the scope of their business model, and will even 
have the opportunity to receive support geared towards identifying their financing needs and 
the most appropriate funding sources.  
• Capital Nar anja/Orange Capital:  It is a fund to support Orange Economy entrepreneurs, 
through the granting of non -refundable resources to finance their growth plan.  
• MEGAi Naranja/MEGAi  orange economy: An instrument aimed at companies in the orange 
economy sector so t hat, through corporate entrepreneurship, new business models can be 
developed that generate new sources of income for the company.  
• Orange Roadmaps/Hojas  de ruta naranja: Instrument for mapping regional productive 
priorities related to the orange economy an d for the identification of business segments in 
which they must compete.  
• "Start-up-rathon " on Orange Economy/ Emprendetón Naranja : an instrument to transfer 
business acceleration tools for the cultural and creative sector in favor of sustained growth.  
• Orange Route/Ruta Naranja:  Provides 12 -month guidance to orange ventures and funding 
at the end of the process for them to grow and accelerate.  
 
386.  As a final message, we would like to exppress our support to continuing sharing experiences 
in the WTO with the purpose of strengthening public policies related to the Orange Economy.  
11.14   Norway  
387.  Norway would like to thank the sponsors of documen t IP/C/W/653  and Japan for introducing 
it. 
388.  We agree that governments and the public sector have a role to play in supporting the private 
sector through innovation policies that include branding and promotion strategies. Our national 
business development ag ency - Innovation Norway - provides a broad business support system with 
toolkits for IP protection and promotional services, among other advisory services.  
389.  I will, however, focus on the creative industries. Since 2017, the Norwegian Government has 
scaled up its support for the cultural and creative industries. Relevant public agencies like Arts 
Council Norway, Innovation Norway and Norwegian Arts Abroad carry out specific missions in this 
regard. These missions aim to increase the awareness of cultu re as business, strengthen the value 
chains in all parts of the country, and stimulate investment and procurement of art and cultural 
goods and services, as well as increased exports.  
390.  The mission of Arts Council Norway aims to strengthen the enabling envir onment for creative 
and performing artists and stimulate projects that can test new methods and models for marketing, 
efficient revenue models and information to customers, with an emphasis on the digital market.  IP/C/M/92/Add.1  
 
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  391.  The mission of Innovation Norway focuses on  companies within the creative industries with 
potential for growth, in order to provide better access to finance and competence that enable 
entrepreneurship. The aim is to increase domestic investment in cultural and creative goods and 
services, including  intellectual property rights. Innovation Norway also provides export promotion 
programmes for specific cultural sectors like video games, architecture, literature, and music.  
392.  Finally, let me underscore that the role of IPR for value creation is crucial fo r the policies I 
have mentioned. Our government last November issued a white paper on culture to our parliament 
(The Storting) - titled The Power of Culture. One of the deliverables to come is a national strategy 
for intellectual property values. The strat egy will aim to stimulate increased investment in building, 
securing and deploying intellectual property rights and values.  
11.15   Russian Federation  
393.  The Russian Federation thanks all co -sponsors for putting the item on the agenda.  
394.  Our delegation strongly believes that smart regional branding strategies affect positively 
regional and national economy as well as promote cultural heritage.  
395.  Regional brands are understood in Russia as specific marks that accompany local products 
coming from a certain specific region of the Russian Federation. The respective marks indicate a 
specific territory of origin, which determines defining features and characteristics of the product.  
396.  More specifically, Appellations of Origin (AOs) are destined to be used in order to attest for the 
origin of products and to underscore unique features of the product coming from the region. Use of 
AOs as regional brands imp roves visibility of the respective regions, promotes their natural and 
cultural heritage. It ultimately serves to attract investors and tourists and generally improves its 
economy. Therefore, effective branding may be included as a part of the region 's pub lic policy.  
397.  In practice, however, local products are more often marketed under trademarks (including 
collective trademarks ) registered in the Russian IP Office. Such Trade Marks usually contain certain 
elements that indicate the respective regions, includi ng those evocative of AOs. This is due to more 
complicated administrative procedures for registration of AOs as compared to registration of 
trademarks . 
398.  In recent years, the Russian Patent Office (Rospatent) has invested significant efforts into 
outreach ac tivities aimed at a wider use of AOs by regional manufacturers in order to protect 
traditional local products that possess unique characteristics. In particular, Rospatent organizes in 
various regions of the Russian Federation workshops dedicated to regist ration of AOs, develops 
guidelines and manuals on the said topic and on publishes information on recognized regional brands 
on its official website on a regular basis.  
399.  Such activities have already yielded certain positive results. The number of applicatio ns for 
AOs has dramatically increased in 2018 by 78% as compared to 2017. Currently, there are more 
than 200 AOs registered in the Russian Federation, more than 160 of which correspond to national 
brands. However, this is still a relatively small number as  compared, for instance, with more than 
three  thousand GIs registered in the EU.  
400.  In future, based on the best practices of many foreign IP Offices Rospatent plans to issue 
promotional brochures on regional brands containing information on the historical ba ckground of the 
local products.  
401.  In order to further improve the situation legislative amendments are being drafted to introduce 
GIs onto the list of IP rights recognized under the Russian laws. As compared to the AOs, GIs would 
allow for an easier registra tion procedure, while providing the same level of protection.  
402.  Despite this, there is no need to exclude AOs from the list of IP rights protected under the 
Russian laws. AOs are best suited for protection of local crafts products . In addition to that, use o f 
both mechanisms (AOs and GIs) correspond s to the general international tendencies in the IP field. 
For instance, this trend is reflected in the Geneva Act of the Lisbon Agreement and is also compatible 
with the TRIPS Agreement.  IP/C/M/92/Add.1  
 
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  11.16   Mexico  
403.  Mexico would like to express appreciation to the proponents of the present agenda item, which 
provides a great opportunity to exchange experiences and opinions.  
404.  The delegation of Mexico is pleased with the proposal contained in document IP/C/W/653 
because, among other things, it uses the word "innovation " in its broadest sense, thus giving it real 
scope without limiting it to invention alone. This propos al is inclusive for different sectors of the 
population and views innovation not only as something of great technical value, but also considers 
it as a prerequisite for promoting a regional, local and rural focus, applicable to all countries, 
irrespective of their level of development. It represents a step forward by linking promotion to 
creativity, fostering regional development as a by -product.  
405.  On this occasion we would like to share Mexico 's experience in the protection of intellectual 
property rights, w hich has served as a driver of development for rural communities and the creative 
industry, making a positive impact on the local economy by marketing products and services.  
406.  Examples abound in Mexico, but we will limit ourselves to two: the first is a coll ective 
trademark that impacts the rural indigenous community composed mainly of women, while the 
second is a mark that includes different aspects of the film industry.  
407.  The collective mark, known as "Tenangos Embroidery from Hidalgo ", was registered by an 
association of craftsmen and women from the Theotomí Tepehua region, an indigenous community 
in the state of Hidalgo, whose Members considered that their creations needed legal protection since 
their products are gaining increasing international fame.  
408.  "Tenangos" are multicoloured embroidery work with designs of birds, flowers, fruits, animals 
and some bucolic scenes worked onto cotton blankets, tablecloths, clothing and accessories.  
409.  Submitting the request to register a collective trademark was possible with the support of the 
local government of the state of Hidalgo. The association of craftsmen would design the brand and 
initiate the process to have it registered.  
410.  This collective trademark greatly benefited craftsmen and women of Tenangos, while also 
enablin g fair trade, and the preservation of their creations and traditions. It also represents an 
advantage for consumers, who, when purchasing Tenangos handicraft, have the assurance that 
those pieces of embroidery work are made by persons from the region and a re subject to certain 
quality standards.  
411.  The second example is the brand "International Film Festival of Morelia ", which covers a film 
festival of world renown since 2003 in the city of Morelia, capital of the state of Michoacán.  
412.  This Festival promotes new talent on the domestic film scene and helps to foster cultural 
activities and tourism in the state of Michoacán. It is organized by a not for profit civil society 
association that receives funding from public and private institutions. Its main  promoters are the 
Cinépolis cinema chain, the local government of the state of Michoacán and the Ministry of Culture 
of Mexico, as well as other civil society actors.  
413.  Every year in October, the city of Morelia is transformed into a major tourist destinati on that 
attracts both locals and foreigners, who come to enjoy the city and the Festival, thus promoting the 
region 's culture and economy. For just over 15 years, this Festival has demonstrated the nexus 
between the promotion of products and services throu gh intellectual property rights and the 
development of the state of Michoacán.  
11.17   China  
414.  China thanks Australia, Canada, Chile, Europe Union, Ja pan, Switzerland, Chinese Taipei, 
United States  of America , Singapore and Korea for submitting this document.  
415.  China emphasizes the important role of innovation and IP protection in promoting new 
economics and cultivating business -friendly environment.  IP/C/M/92/Add.1  
 
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  416.  In order to encourage innovation and creativity, Chinese public entities have taken a series of 
actions to help the innovators to raise the awareness of IPR protection and enhance the ability of 
IPR management.  
417.  China National Intellectual Property Administra tion with related government authorities and 
agencies enacted 'Enterprise intellectual property management standard ' in 2013. As a 
non-mandatory requirement, the standard provides detailed suggestions on enterprise IP 
management for enterprises, especially  SMEs, to follow. The standard covers almost all related 
aspects including IP system and institution building, stuff training, IPR transfer regime, licensing 
contract control, risk evaluation of R&D and etc. According to the survey conducted by China Natio nal 
Intellectual Property Administration, in most cases, enterprises that comply with standards possess 
modernized IP management, create more ideas, and enhance IP protection and utilization 
capabilities greatly.  
418.  In order to help agricultural brands to be recognized by the consumers, Ministry of Agriculture 
and Rural Affairs with related government authorities and agencies produced a series of 
documentaries named 'Tastes of China '. The documentaries selected agricultural products with 
Chinese features from the registered argo -product geographical indications. The documentaries not 
only introduce the food but also tell the geography, ecology and humanities stories behind them. 
The documentaries broadcast every Friday night in prime time and got very positive feedback. The 
'Tastes of China ' have a significant role in boosting the local economy.  
419.  National Copyright Administration continuously increases efforts on promoting local creators 
to grow their business. During the 9th Beijing International Film Festival,  the National Copyright 
Administration helps establish a copyright trade platform on the event site. The copyright trading 
platform provides a convenient and quick channel for both parties to make copyright licensing 
negotiations.  
420.  In conclude, China value s the important role of public -private collaboration in helping business 
to expand their economic opportunities and will continuously increase efforts on promoting 
public -private collaboration in IP area.   
11.18   Indonesia  
421.  We thank Japan for the document IP/C/W/653 and also for Members that have share d their 
success experiences in advancing creative industries.  
422.  The copyright and creative industries are among the most dynamic sectors in the world 
economy regarded as an emerging high -growth area. Aside from creating jobs, economic growth, 
and value additi on, creative industries also help establish a stronger national identity.  
423.  Copyright and creative industries leverage knowledge and information, that in turn triggers 
innovation, creating social and economic wealth for society and contributing to the achiev ement of 
the Sustainable Development Goals.  
424.  Moreover, Creative economy grows and thrives as a liaison among culture, economy, and 
technology. Its ecosystem consists of many different industries, sectors, and stakeholders, covering 
a wide spectrum of econo mic sectors, from traditional cultural and craft industries that are 
dominated by MSMEs to new businesses in the digital era, with specific IP needs that often combine 
different types of IP rights, including copyright, patents, designs and trademarks.  
425.  Based on these reasons, creative economy has become a sector that the Government of 
Indonesia has been focusing its attention.  
426.  Around half of Indonesia 's population is below thirty years of age. With strong entrepreneurial 
and Do -It-Yourself (DIY) cultures, young and tech -savvy Indonesians are starting to unleash the 
creative potential of the country. Discussions surrounding creative economy have become 
ubiquitous, leading to the establishment of Indonesia 's creative economy agency (BEKRAF) in 2015. 
This gove rnment agency coordinates national policy making and strategies to support the creation 
and marketing of national cultural goods and services, both domestically and abroad. In 2017, IP/C/M/92/Add.1  
 
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  creative industries contributed to 7.4% of Indonesia GDP and absorbed more  than 13 million 
workers.   
427.  Indonesia is now drafting a law on the Creative Economy. The draft law defines Creative 
Economy as the materialization of added values from intellectual property, born of human creativity, 
based on science, culture and technolog y.  
428.  In supporting the development of creative industries, Indonesia has policy to facilitate IP 
registration for stakeholders to increase. This will ultimately  increase the IP protection as well as 
utilization of its commercialization, through cross -minist erial/institution collaboration, such 
Directorate General of IP, BEKRAF, Ministry of Industry, Ministry of SMEs, Ministry of Agriculture, 
Ministry of Research and Technology, and IP Clinic of Universities.  
429.  In order to improve excellent services as well as to provide legal certainty, Indonesia has also 
provided e -copyright recordation since 2018.  
430.  Moreover, Indonesia has formed Collective Management Organizations (CMOs) and the 
National Organization of Collective Management, with particular emphasis on music ians, writers, and 
businesses who exploit such works for economic gains. Furthermore, Indonesia has launched an 
anti-piracy campaign across the country, as well as to close a number of websites that provide an 
illegal platform for music and film downloads.   
431.  Indonesia, through the collaboration among Directorate -General of IP, BEKRAF, the Financial 
Services Authority, the Central Bank of Indonesia, and practitioners, is formulating a national 
instrument/law to support an IP financing scheme. The financing sc heme is aiming to enable the use 
of IP as a financial guarantee or funding in the development of the creative industry. Last but not 
least, Indonesia has created a Platform Project called "Portamento " which uses blockchain 
technology to connect copyright h olders, users, and relevant authorities. This project enables the 
calculation of value with regard to works that are downloaded online.  
432.  Indonesia believes that a global platform for actors and stakeholders in the creative economy 
industry is essential for the development of this issue. Toward this end, and to fulfil the demand on 
partnership and collaboration between countries in identifying and increasing the awareness on the 
creative industry strategy importance, Indonesia has hosted the first World Confe rence on Creative 
Economy in November 2018. The conference gathered all related stakeholders of creative economy, 
involving collaboration of the creative economy 's penta -helix (that is Academics, Businesses, 
Communities, Government, and Media) in our effor t to connect multi -dimensional elements and 
creative economy 's stakeholders.  
433.  The World Conference on Creative Economy (WCCE) is the first international -level conference 
on creative economy. The conference was attended by representatives from over 30 count ries and 
more than 1,500 participants and resulted in Bali Agenda for Creative Economy. Out of 21 Agendas, 
five directly link to the Intellectual Property including, Fostering the development of e -commerce 
and intellectual property as tools to drive growth , narrow the digital divide, and generate digital 
solutions for developing and least developed countries (LDCs), as well as supporting an enabling 
environment that promotes innovation, commercialization and protection of intellectual property.  
434.  Given the impact of the creative industry for the inclusive economic  growth, today and in the 
future, Indonesia will continue to give special attention to the creative economy. We will readily 
share the updates on this important issue in the future . 
11.19   India  
435.  India would like to reiterate that while IPRs may provide an incentive to innovate, they are 
neither a necessary nor a sufficient condition  for innovation and could only be effective in certain 
contexts. It is necessary to strike an appropriate balance between the incentives for innovation and 
ensuring that their benefits are reaped for the societal benefit in an equitable manner.  
436.  Though, Ind ia realizes importance of innovation and keeping that in view, India has taken 
many steps to improve the innovation eco system -whether it is through improving the quality of IP/C/M/92/Add.1  
 
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  human resource or the research and development activities or strengthening of acad emia-industry 
linkages and availability of capital.  
437.  We thank the co -sponsors for introducing the item of innovative approaches to assisting in 
branding and promotion and the creative industries.  
438.  Innovation has been a central pillar of economic growth and  development in India. In the past 
three  years India 's rank in the Global Innovation Index has improved from the 81st rank in 2015 to 
the present 57th rank in GII 2018 report. India maintains the first rank in the Central and South Asia 
region and remains the top exporter of ICT services according to the report.  
439.  To reach out to the remotest corners of our countr y, IP awareness programmes are being 
conducted using satellite communication. In one such pr ogram, 700 colleges were connected online 
for IP awareness covering over 1,00,000 students. Focus is being given to develop e -content and 
disseminate content through online channels. India 's first IP Mascot – "IP Nani " – has been launched. 
A series of anim ated videos on Intellectual Property Rights for school students have been launched 
in collaboration with European Union Intellectual Property Office (EUIPO).  
Helping MSMEs to grow their businesses through the use of IP.  
440.  CIPAM (Cell for IPR Promotion and M anagement) in collaboration with Ministry of Micro, Small 
and Medium Enterprises (MSMEs) organized a five -day intensive IPR training for MSME Officers pan 
India for Development  Institutes (DI) and Branch Development Institutes (BDI). A total of 30 
MSME -DIs (formerly SISIs) and 28 Branch MSME -DIs (formerly SISIs) set up in State capitals and 
other industrial cities all over the country were trained at Hyderabad.  Through this training, they 
have been further enabled to provide IPR related services to MSMEs  and change the IPR eco system 
nationwide.  
441.  The Indian Performing Right Society Limited ( "IPRS"), was granted registration as a Copyright 
Society by the Government of India in November 2017 under the Copyright Act, 1957. It represents 
more than 4000 Indian  Authors, Composers and major Music Publishers.  
Building Brand India through Film Tourism  
442.  Indian film industry achieved exponential growth of 27% in 2017 - both domestic and 
international. Coupled with increased revenues from sale of satellite and digital rights in recent 
years, gross realization from the film industry is expected to reach around US D 3.7 billion by 2020.  
443.  Currently, India is also gaining momentum as a film shooting destination, providing unexplored 
and mystic locations as well as generating employment and cultural exchange with local 
communities. After the success of India based movies such as Slumdog Millionaire, several 
international studios are considering shooting a large portion of their films in India due to availability 
of talented fil mmaking crew and world -class production capabilities at highly competitive costs.  
444.  Ministry of Tourism, Government of India is supporting a program - Global Film Tourism 
Conclave with the theme 'Transforming Location into Vacation ', being organized by PHD Ch amber of 
Commerce and Industry.  
445.  Rising incomes, evolving lifestyles, higher penetration and a rapidly growing young population 
coupled with increased usage of 3G, 4G portable devices would augment demand for creative 
industry in India.  
446.  One of such industri es driven by high -end innovation is Animation and VFX industry in India 
which has reached INR 73.90 billion (US D 1.15 billion) in FY18 from INR 62.30 billion 
(USD 928.60  million) in FY17, growing at a CAGR of 18.60 %. 
11.20   Brazil  
447.   Brazil welcomes the document presented by Japan and other proponents as a starting point 
for further reflection on the role of governments in encouraging branding related  to creative 
industries.  IP/C/M/92/Add.1  
 
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  448.  In Brazil, the role of government as an incentive for IP -related economic activities has been 
constantly renewed to increasingly incorporate elements such as transparency and efficiency. In 
particular, we would light to highlight some recent aspects of this role.  
449.  Brazil 's Ministry of Agriculture, Livestock and Food Supply (MAPA), the National Institute of 
Industrial Property (INPI) and the Brazilian Micro and Small Business Support Service (SEBRAE) 
have achieved, for instance, cons iderable results in recent years in the areas of designation of origin 
and geographical indications.  
450.  In 2018 , the Ministry of Agriculture has launched the brand "Agro Brazil - Good for Nature ", 
which promotes Brazilian agribusiness while clarifying that ag riculture and environmental 
preservation can go hand in hand.  
451.  Let me also share with you a successful spinoff case. Akwan  Information Technology was 
founded by a group of university professors from Federal University of Minas Gerais, in Belo 
Horizonte. Akwan provided search services to companies in Brazil. It also operated the website 
"todobr.com.br " a search engine that was  acquired by Google in 2005. After the acquisition, it 
became Google 's R&D centre  for Latin America.  
452.  In a more systemic perspective, the Brazilian government has strived to broaden the 
dissemination of Brazilian brands by promoting greater integration betw een our legal framework and 
those of our major trading partners. A significant feature of this approach is the recent approval by 
the National Congress for Brazil to join the Madrid Protocol. Meanwhile, our National Institute of 
Industrial Property has red uced the trademark analysis process by only nine months as of the filing 
date. 
453.  Our discussion could include other horizontal elements, such as the limited resources available 
in small companies for expenses with legal services for the registration of a tra demark. Enforcement 
measures and the need for surveillance of possible infringements of IP assets are also an issue to 
be taken into account. Brazil believes that Members would greatly benefit from the exchange of 
experiences on solutions found for this ma tter. 
454.  Additionally, on copyright, Brazil supports placing creators back in the centre  of IP rights by 
means of enhancing transparency in the use and remuneration of copyright protected works. Current 
discussions in the United States and the European Union on reform of their copyright legislation 
include the fundamental issue of the fair remuneration of authors in the digital environment.  
455.  Many formats are debated around the world, but a common point to them is the necessity of 
providing additional informati on to right -holders on the value chain related to the use of copyrighted 
works. The key motivation is to ensure that the fruits of the online environment are fully enjoyed by 
those who lie at the core of the copyright system, namely, authors and performers . 
456.  Brazil is deeply committed to encouraging and rewarding innovation to all inventors big and 
small and its dissemination in the economy and society.  
11.21   Peru  
457.  The delegation of Peru would like to thank the proponents of this proposal.  
458.  Specifically, this delegation appreciates and views positively the inclusion  of the idea to 
develop the country brand. We have listened to the references made to the success stories in 
Australia, Canada and Chile as one of the strategies which, combined with the appropriate promotion 
and development of trademarks in different sect ors of the economy, in particular creative industries 
and those linked to innovation, promote company and business growth. This delegation would thus 
like to recall that it presented to the Standing Committee on the Law of Trademarks, Industrial 
Designs an d Geographical Indications (SCT), an initiative aimed at affording protection and 
international recognition to the country brand.  
459.  Similarly, I would like to underscore the importance of developing collective trademarks as a 
tool for protecting rights and p romoting creativity, especially in local communities, among rural 
producers and micro, medium sized and small enterprises. Thanks to the coordination of the National IP/C/M/92/Add.1  
 
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  Intellectual Property Office and various private sector actors, in 2018 close to 850 colle ctive 
trademarks in different regions of the country were registered, recording a growth of 1,000% 
compared with the previous year.  
460.  Lastly, my delegation would like to share in subsequent sessions and with greater detail other 
significant experiences in th is area, as well as discover those in other Members.  
12  INFORMATION ON RELEV ANT DEVELOPMENTS ELS EWHERE IN THE WTO  
12.1  Dispute Settle ment  
12.2  Amendment to the TRIPS Agreement  
12.2.1   Cuba  
461.  In the ceremony with the Director -General , Cuba submitted its Instrument of Acceptance of 
the Protocol of Amendment to the Agreement on Trade -Related Aspects of Intellectual Property 
Rights.  
462.  Cuba once again reaffirms its longstanding respect for industrial property rights, which is 
balanced accor dingly with public policies, and in particular supports the international legal framework 
that provides for a mechanism to ensure access to medicines for the least  developed and developing 
countries.  
463.  The challenge for these Members is to promote access to medicines and to ensure such access.  
12.3  IPR-Related Issues in Trade Policy Reviews  
12.3.1   WTO Secretariat  
464.  As in 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.  
465.  Since the last TRIPS Council Meeting in February, the Trade Policy Revie ws of Ecuador, the 
East African Community (comprising Kenya, Tanzania, Uganda, Burundi and Rwanda), Bangladesh, 
Samoa, Papua New Guinea and Trinidad and Tobago have taken place . During these reviews, 
developed and developing  country Members have continued to actively register their interest in 
TRIPS -related issues, such as:  
• Implementation of the TRIPS Agreement;  
• Exhaustion regime;  
• Copyright regime, including satellite and technological protection measures;  
• Geographical indications regime;  
• Protecti on of traditional knowledge and cultural expressions;  
• Protection of plant varieties;  
• Enforcement, online and at the border, including coordination between IP Offices and 
Customs Authorities;  
• Notifications to the TRIPS Council;  
• Establishment of paperless re gistration systems;  
• Implementation of national intellectual property strategies;  
• Graduation from LDC status and implementation of related legislation;  and 
• Accession to, and implementation of, WIPO instruments.  IP/C/M/92/Add.1  
 
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  466.  We have also prepared the TRIPS -related sectio n for the mid -year G20 and WTO -wide 
Director -General 's Monitoring Reports, which will be circulated in early July.  
467.  The section on "Policy Developments in Trade and Intellectual Property " in the monitoring 
reports highlights the trade -related IP policy init iative undertaken by Myanmar; as well as the 
information  on developments in domestic legislation and administrative issues submitted for the 
monitoring exercise by Australia, Chile, China, Indonesia and Thailand.  
13  OBSERVER STATUS FOR INTERNATIONAL INTERG OVERNMENTAL ORGANIZATIO NS 
13.1  South Africa  
468.  South Africa notes that there are still several pending requests for the granting of observer 
status to the TRIPS Council. South Africa reiterates its support for observer status to b e granted to 
the ACP Group that can derive great benefit through its progressive integration into the global 
economy. South Africa further reiterates its previous calls for Members to agree on granting observer 
status to the South Centre and the Secretaria t of the Convention on Biological Diversity (CBD).  
13.2  Bangladesh  
469.  On the issue of observer status, the delegation Bangladesh reiterates its position stated in the 
earlier meetings. Bangladesh would like to support the South C entre to be granted observer status 
to this Council.   
13.3  Venezuela, Bolivarian Republic of  
470.  My delegation wishes to underscore the important work carried out by the South Centre in this 
area and reiterates its support for the Centre to be granted observer status in the Council for TRIPS.  
13.4  China  
471.  China supports that the CBD Secretariat and South Centre  should be granted observer status, 
at least on an ad hoc  basis.  
472.  The relationship between TRIPS Agreement and CBD is an important issue in this Council. It 
is no doubt that the CBD Secretariat has a better understanding of specific rules and the latest 
developments of the CBD and the Nagoya protocol. We believe that the invitation of the 
CBD Secretariat as an observer will help Members better understand the CBD, thus promoting 
discussions on TRIPS/CBD issue.  
473.  Over the years, the South Centre  has conducted m ultiple researches and analysis oriented on 
IPRs, technology transfer, and access to knowledge. We believe that the invitation to the 
South  Centre  as an observer will help Members have a better understanding of TRIPS Agreement 
and related issues.  
13.5  Bolivia, Plurinational State of  
474.  Bolivia reiterates  its support that the South Centre should be granted observer status.  
13.6  India  
475.  India supports the demand by South Africa and China t o grant observer status to South Centre , 
CBD Secretariat , and ACP Group . 
13.7  United States of America  
476.  The U.S. reiterates its position. The U.S. cannot join the Members seeking to include new 
requests as observe rs, either on a permanent or ad hoc  basis.  IP/C/M/92/Add.1  
 
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  477.  The United States values the contributions of Members and is satisfied with the current set of 
ad hoc  and permanent observers.  
478.  We do not see a gap that needs filling by adding new observers at this time.  
13.8  Brazil  
479.  Brazil notes its support to the granting of an observer status for the Convention on Biological 
Diversity.  
14  OTHER BUSINESS  
14.1  Annual Review of th e Special Compulsory Licensing System  
480.  No statements were made under this agenda sub-item. 
14.2  Annual Review under Paragraph 2 of the Decision on the "Implementation of Article 
66.2 of the TRIPS Agreement " 
481.  No statements were made under this agenda sub-item. 
14.3  Other Planned Activities for the Benefit of LDCs  
14.3.1   Benin, on behalf of the LDC Group  
482.  In February 2003, the Council for T RIPS instructed the developed Members to present their 
annual reports on measures they had taken or were intending to take with a view to implementing 
Article 66.2, which stipulates:  
Developed country Members shall provide incentives to enterprises and ins titutions in 
their territories for the purpose of promoting and encouraging technology transfer to 
least developed country Members in order to enable them to create a sound and viable 
technological base.  
483.  The annual reports were thus presented to that end. The Group wishes to thank those Members 
who have always presented their reports. However, the content of these reports does not always 
concern implementation of Article 66.2, which deals with the transfer of technology from developed 
countries towards LDCs  and nothing else.  
484.  Certain reports provide lists of technical cooperation projects without really delving into the 
technology transfer aspect. This falls under the scope of Article 67 rather than Article 66.2.  
485.  To avoid such confusion, an outline has been m ade available to delegations for the submission 
of their reports. Very few Members have used it. The Group wishes to thank the Members and 
encourages them to make use of the outline in order to simplify the reports.  
486.  In addition to the format of the reports , the Group of LDCs has noted that developed Member 
countries and LDCs did not have the same understanding of Article 66.2 of the TRIPS Agreement. 
This being the case, it has requested an interpretation by the Council in order to ensure effective 
applicati on of these provisions.  
487.  Via communication IP/C/W/640 of 16 February 2018, the Group of LDCs requested that the 
Council for TRIPS discuss the following matters:  
• That the developed WTO Member countries only mention in their reports the incentives 
offered wit h a view to technology transfer to LDCS, thus ensuring that the reports are more 
specific and targeted in content;  
• The meaning of "incentives to enterprises and institutions " as provided for in Article 66.2  
TRIPS  and agreement on the possible ways for developed Member countries to offer IP/C/M/92/Add.1  
 
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  incentives to their enterprises and institutions to ensure that these provisions are applied 
both in letter and in spirit.  
488.  It should be noted that the request made by the Group of LDCs has not been acted upon. 
Some Members have made it known that the Council cannot interpret Article 66.2, which the Group 
of LDCs disagrees with.  
489.  During the workshop organized on 11 and 12 February 2019 by the WTO Secretariat on 
implementation of Artic le 66.2, the Group of LDCs made specific mention of these priorities in terms 
of technology transfer based on room document RD/IP/24. Recommendations were formulated for 
implementation of Article 66.2, including the establishment of focal points in develop ed Member 
countries and LDCs.  
490.  The Group of LDCs encourages developed Member countries to follow up this initiative and to 
do the needful at its end to make this happen.  
491.  The Group of LDCs is nevertheless of the view that the focal points must have the same 
understanding of application of Article 66.2. This is why communication IP/C/W/640 of 
16 February  2018 is so relevant.  
492.  Considering that the above -mentioned communication was never acted upon, and that the 
mandate contained in Article 66.2 TRIPS was given b y the Ministers, the Group of LDCs foresees a 
ministerial decision at the Twelfth Session of the WTO Ministerial Conference in Nur Sultan 
(Kazakhstan) in order to clarify these provisions with a view to their effective implementation.  
493.  To this end, the Grou p of LDCs will carry out consultations with developed Member countries 
who are interested in the application of Article 66.2. It is already counting on the collaboration and 
active partnership of all developed Member countries and calls on them to pursue t he effective 
application of Article 66.2 of the TRIPS Agreement.  
14.3.2   Bangladesh  
494.  The delegation of Bangladesh fully associates itself with the statement made by Benin on 
behalf of the LDC group. Ban gladesh acknowledges that, to create a sound technological base in the 
LDCs, we need support from the developed partners. Article 66.2  of the TRIPS Agreement  
point-blank  directs us that, and I read from the legal text, "Developed country Members shall prov ide 
incentives to enterprises and institutions in their territories for the purpose of promoting and 
encouraging technology transfer to least  developed country Members in order to enable them to 
create a sound and viable technological base ".  
495.  We urge upon the Members to note the expression of the modal verb 'shall' which does not 
indicate an optional action but directs a sense of obligatory requirement. Then, what is the obligatory 
action required here? Article 66.2 TRIPS clearly answers that the developed  country Members are 
required to provide incentives to enterprises and institutions in their territories. Next, what is the 
purpose? Article 66.2 TRIPS again unequivocally narrates that the purpose is to promote and 
encourage technology transfer to least  developed country Members in order to enable them to create 
a sound and viable technological base. In addition, we must be honest to accept that the 
responsibility to provide incentives clearly falls on the developed  country Members and not on the 
private se ctor entities and enterprises.   
496.  The regular annual reports from the developed  country Members do not clearly give 
information on incentives provided to enterprises and institutions in developed  countries. Instead, 
these notifications contain lists of mostly technical assistance programmes and projects aimed to 
enhance capacities in  the LDCs. These program mes, tremendously helpful for the LDCs, generally 
fulfil the requirements narrated under TRIPS Article 67 on technical cooperation. But does it meet 
the need of the Article 66.2 TRIPS obligation? This is why , the delegation of Bangladesh, along with 
the other Members, has been continuously encouraging the TRIPS Council to find out a way to help 
get the information whether any specific incentives were provided by the developed  country 
Members to enterprises an d institutions operating in their territories to fulfil the technology transfer 
requirement of the TRIPS Article 66.2.  IP/C/M/92/Add.1  
 
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  497.  We request the Members in the Council, to consider designating focal points from both the 
developed  country and least developed country Members to monitor the implementation status of 
Article 66.2  of the TRIPS Agreement . Previously the proposal has been tabled on behalf of the LDCs. 
And the Members candidly discussed the issue during a number of previous meetings of this Council. 
This has also been recommended in the WTO workshop on implementation of Article 66.2 of the 
TRIPS Agreement in February 2019. Now, we need to move the monitoring issue forward to 
acknowledge the genuine contributions that the developed country Members have contribu ted to the 
LDCs. Bangladesh stands ready to engage in constructive discussion on the focal point and 
monitoring issue of Article 66.2 of the TRIPS  Agreement.  
498.  The delegation of Bangladesh also sincerely thanks the developed country Members for their 
suppor ts in numerous Technical Assistance programmes in the LDCs. Bangladesh also thanks the 
WTO secretariat for the February 2019 workshop on Article 66.2  of the TRIPS Agreement  
implementation and hopes that next workshop on the same issue will be a great succe ss. 
14.4  Work Programme on E -Commerce  
499.  No statements were made under this agenda sub-item. 
14.5  Date of the Next Meeting  
500.  No statements were made under this agenda sub-item. 
14.5.1   Mexico  
501.  Mexico would like to draw the attention of WTO Members to an interesting event in another 
forum that might impact the right to use trademarks. I am referring specifically to the meeting of 
the CODEX Alimentarius that took place from 13 to 17 May 2019 in Ottawa, Canada.  That meeting 
discussed the draft Review of the Standard for Follow -up Formula (CXS  156-1987). Paragraph 9.6.4 
of the draft indicates the following:  
9.6.4 Products shall be labelled in such a way as to avoid any risk of confusion 
between infant formula, follow -up formula for older in fants, (name of product) 
for young children, and formula for special medical purposes, and to enable 
consumers to make a clear distinction between them, in particular as to the 
text, images and colours used. Cross promotion between products is not 
permitte d in product labelling .  
502.  Mexico greatly appreciates the work of the CODEX Alimentarius and makes a positive 
contribution to its activities. However, on some occasions there are certain aspects of those activities 
that affect other areas and other forums, a nd as a result, should be discussed more in -depth. One 
of these issues is prohibiting cross promotion, which could restrict the right of trademark holders 
over related products. Mexico considers that a study should be carried out on whether prohibiting 
cross promotion is compatible with the international trade laws established by the WTO and WIPO.  
503.  My delegation reserves the right to raise this issue at the next regular  meeting of the 
Counci l on TRIPS.  
14.5.2   European Union  
504.  The EU would like to inform the TRIPS Council about its initiative to strengthen the ability of 
regular WTO bodies to effectively address and resolve concerns that Members have with 
trade -related measures of other Members. While many Members use the  possibility to raise such 
trade concerns in WTO bodies, they often remain on the agendas for a long time without sufficient 
progress.  
505.  The EU is currently working, together with several other Members, on developing a proposal 
for a set of horizontal proced ural guidelines that would apply to WTO councils and committees 
dealing with trade concerns.  IP/C/M/92/Add.1  
 
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  506.  While the TRIPS Council has already mechanisms and may deal with such trade concerns less 
frequently than other WTO councils and committees, we believe that the i deas could possibly be 
beneficial to the work in the TRIPS Council, too.  
507.  The EU is consulting on these ideas in an open and inclusive manner with a view to presenting 
a proposal to the General Council in July. We invite all interested Members to approach us for more 
details.  
 
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