RESTRICTED  
  
IP/C/M/ 91 
 
21 February  2019 
(19-1004) Page: 1/7 
Council for Trade -Related Aspects of  
Intellectual Property Rights  
  
 
MINUTES OF MEETING  
HELD IN THE CENTRE W ILLIAM RAPPARD ON 13 FEBRUARY  2019 
Chair: H.E. Ambassador Dr. Walter Werner  
The present document contains the record of the meeting of the Council for TRIPS, held on 
13 February  2019. The statements made during the meeting will be circulated in an addendum to 
the present document.  
Table of Contents  
1   NOTIFICATIONS UN DER PR OVISIONS OF THE AGRE EMENT  ................................ ........  2 
2   REVIEW OF NATION AL IMPLEMENTING LEGI SLATION  ................................ ................  3 
3   REVIEW OF THE PR OVISIONS OF ARTICLE 27.3(B)  ................................ .....................  3 
4   RELATIONSHIP BET WEEN THE TRIPS AGREE MENT AND THE CONVENT ION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 3 
5   PROTECTION OF TR ADITIONAL KNOWLEDG E AND FOLKLORE  ................................ ..... 3 
6   NON-VIOLATION AN D SITUATION COMPLAIN TS ................................ .........................  3 
7   REVIEW OF THE IM PLEMENTATION OF THE TRIPS AGREEMENT UNDE R 
ARTICLE 71.1  ................................ ................................ ................................ ...................  4 
8   REVIEW OF THE AP PLICATION OF THE PRO VISIONS OF THE SECTI ON ON 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 ................................ ......................  4 
9   FOLLOW -UP TO THE  SIXTEENTH ANNUAL RE VIEW UNDER PARAGRAPH  2 OF 
THE DECISION ON THE IMPLEMENTATION OF AR TICLE 66.2 OF THE TR IPS 
AGREEMENT  ................................ ................................ ................................ .....................  5 
10   TECHNICAL COOPE RATION AND CAPACITY BUILDING  ................................ ..............  5 
11   INTELLECTUAL PROPERTY A ND INNOVATION: SUMMA RY OF THE 2018 
THEME – THE SOCIETAL  VALUE OF IP IN THE NEW ECONOMY, AND 201 9 IP AND 
INNOVATION THEME: PU BLIC -PRIVATE COLLABO RATIONS IN INNOVATIO N ..................  5 
12   INTELLECTUAL PR OPERTY AND THE PUBLI C INTEREST: PROMOTIN G 
PUBLIC 0 HEALTH THROUGH COMP ETITION LAW AND POLI CY ................................ .........  6 
13   INFORMATION ON RELEVANT DEVELOPMENT S ELSEWHERE IN THE W TO .................  6 
13.1   Dispute Settlement  ................................ ................................ ................................  6 
13.2   Amendment to the TRIPS Agreement  ................................ ................................ ..... 6 
13.3   IPR-Related Issues in Trade Policy Reviews  ................................ ..........................  6 
14   OBSERVER STATUS  FOR INTERNATIONAL I NTERGOVERNMENTAL 
ORGANIZATIONS  ................................ ................................ ................................ .............  6 
15   OTHER BUSINESS  ................................ ................................ ................................ ...... 7 
16   ELECTION OF THE  CHAIRPERSON  ................................ ................................ ..............  7  IP/C/M/ 91 
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AG REEMENT  
1.  The Chair invited the Secretariat to report on notifications that the Council had re ceived since its 
meeting in November  2018.  
2.  A representative of the Secretariat  said that  the Council had received the following notifications 
under Article 63.2 of the TRIPS Agreement:  
a. Japan  had notified consolidated versions of the Unfair Competition Prevention Act, the Patent 
Act and the Trademark Act. Th e Trademark Act and the Patent Act had been  revised to be 
compatible with the Comprehensive and Progressive Agreement for Trans -Pacific Partnership 
(CPTPP). The Unfai r Competition Prevention Act had been  revised to enhance regulation and 
enforcement of acts of unfair com petition relating to undisclosed data in the context of 
information technologies.  
b. Chinese Taipei  had notified a revision to the Enforcement Rules of the Trademark s Act, which  
reflected  changes permitting direct reference to WIPO's International Classificat ion of Goods 
and Services. It had  also notified revised Regulations governing the Determination of Patent 
Term Extension, including  changes to facilitate  requests for patent term extensions for 
pharmaceuticals, agrochemicals and their manufacturing process es. 
c. Norway  has notified consolidated versions of the Norwegian Trademarks Act and the 
Norwegian Designs Act, which mainly reflect ed consequential changes from the entry into 
force of the Penal Code. Norway had  also notified consolidated versions of the Nor wegian 
Patent Regulations and the Regu lation relating to payments  to the Norwegian Industrial 
Property Office and the Board of Appeal for Industrial Property Rights. These versions 
reflect ed amendments accommodating changes in the Patents Act , which introduced the 
possibility of establishing security interests in Patents and Plant Variety Rights, and changes 
regarding extensions of supplementary protection certificates for medicinal products for 
paediatric use.  
d. The United States  had notified th e Music Modernization Act that updated  copyright -related 
issues for music and audio recordings in light of  new technologies,  like digital streaming. 
Regarding p atent law, the United States ha d also notified the Study of Underrepresented 
Classes Chasing Eng ineering and Science Success Act of 2018 (SUCCESS Act), which directed  
certain agencies to study the participation of women, minorities, and veterans in 
entrepreneurship ac tivities and the patent system;  and, to develop recommendations for 
improvement.   
e. Samoa had submitted its first notification of its Intellectual Property Act and IP Regulations 
that were passed in the context of its accession to the WTO. It had also submitted its 
responses to the Checklist of Issues on Enforcement.  
3.  Since the ci rculation o f the agenda , the United States ha d also notified the Marrakesh Treaty 
Implementation Act , which revised  the Copyright Act to implement the Marrakesh Treaty to Facilitate 
Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise P rint Disabled.  
4.  Under Article 69, Samoa and Myanmar had provided information on contact points for the 
exchange of information and cooperation on trade in infringing goods. The Members' transparency 
toolkit page would be updated accordingly.  
5.  The Chair invited delegations that had notified new or revised legislative measure s, or submitted 
updates  to their contact points , to introduce their notifications. He also invited other delegations that 
might wish to comment on them.  
6.  The representatives of Japan , Chinese Taipei , Norway , and the United States of America  took the 
floor. 
7.  The Chair invited the Secretariat to provide an update on the development of e -TRIPS, an online 
platform for filing and consulting notifications and other Council documentation.  IP/C/M/ 91 
 
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  8.  A rep resentative of the Secretariat  briefed Members on the development of e -TRIPS.  
9.  The Chair recalled that notifications to the Council were not keeping up with the actual 
development of laws and regulations relating to TRIPS. He recalled that Article 63.2 was  not a one -off 
requirement, but obliged Members to notify any new or amended laws. Therefore, he urged Members 
to complete any outstanding initial notifications and to keep up to date with notifications on 
subsequent amendments. The same applied to the Che cklist of Issues on Enforcement which had 
been established by the Council as an element of Members' notification obligations.  
10.  The Council took note  of the notifications and the statements made.  
2  REVIEW  OF NATIONAL IMPLEME NTING LEGISLATION  
11.  The Chair  recalled that, at its meeting in June 2012, the Council  had been informed  that Samoa 
had become a new Member of the WTO, and that it had agreed to apply the TRIPS Agreement no 
later than 1 July 2013. On 1 January 2014, Samoa had graduated from its former s tatus as a least -
developed country Member. As indicated  under  agenda item 1, Samoa had  submitted notifications 
of its TRIPS implementing laws and regulations. He suggested that the Council request the 
Secretariat to contact Samoa concerning arrangements fo r the upcoming review of its implementing 
legislation, and that the Council revert to arrangements for Samoa's review at its next meeting.  
12.  The Chair added that, given the Council's monitoring function envisaged in Ar ticle 68 of the 
TRIPS  Agreement , Member s should feel free to revert to any matter stemming from previous 
reviews, or to propose further reviews in future.  
13.  The Council  took note  of the information provided  and agreed  to proceed with the review of 
Samoa's national implementation legislation as pr oposed by the Chair . 
3  REVIEW OF THE PROVIS IONS OF ARTICLE 27.3 (B) 
4  RELATIONSHIP BETWEEN  THE TRIPS AGREEMENT  AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
5  PROTECTION OF TRADIT IONAL KNOWLEDGE AND FOLKLORE  
14.  The Chair proposed  that, following past practice, agenda items  3, 4 and 5  would  be addressed 
together. He noted  that there had been important developments in these areas in many 
WTO Members. However, these developments had not been shared with th e Council. Particularly, 
there had been no response or update to th e Illustrative List of Questions on Article 27.3(b) 
(IP/C/W/122) sinc e 2003;  and only 25 Members had responded at all. Likewise, t here had been no 
notification s to the TRIPS Council of domesti c laws that related to the protection of genetic resources 
and traditional knowledge. He encouraged delegations  to submit responses to the  Checklist or update 
their previous responses; as well as to notify any relevant changes in legislation.  At the previous 
meeting, delegations had continued their discussion on two lo ng-standing procedural issues, namely  
the suggestion first made in November 2012 that the Secretariat update the three factual notes on 
the Council's previous discussions on TRIPS/CBD and related items; and the proposal initially 
submitted in October 2010 that the CBD Secretariat be invited to brief the Co uncil on the Nagoya 
Protocol to the CBD.  He said that he had no new developments to report in this regard.  
15.  The representatives of India, South Africa , Ecuador , China , the Plurinational State of Bolivia , the 
United States of America , Japan , Brazil , Canada , Switzerland , Australia , Indonesia  and Chile took 
the floor.  
16.  The C ouncil took note of the statements made and agree d to revert to the matters at its next 
meeting.  
6  NON-VIOLATION AND SI TUATION COMPLAINTS  
17.  The Chair recall ed that Article 64.3 of the TRIPS Agreement contained the initial mandate that 
required the submission recommendations on scope and modalities for non -violation and situation 
complaints to the Ministerial Conference in 1999.  At the Eleventh Min isterial Conference (MC11), IP/C/M/ 91 
 
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  Ministers had directed the Council to continue its examination of the scope and modalities for 
complaints of the types provided for under subparagraphs  1(b) and 1(c) of Article XXIII of GATT 
1994 and to make recommendations to the Twelfth Ministerial Conference (MC12) . It had also been 
agreed that, in the meantime, Members w ould not initiate such complaints under the 
TRIPS  Agreement.1 At the General Council meeting o f 26 July 2018, the Chair had also noted that 
the 2019 deadlines  for the two moratoria on Electronic Commerce and on TRIPS non -violation and 
situation complaints would be maintained, notwithstanding the decision to hold MC12 in June 2020.  
18.  There had been some encouraging signs  during recent meetings . A number of delegat ions had 
indicated their readiness to engage in a constructive discussion on s cope and modalities in case 
non-violation and situation complaints were to apply to TRIPS. Also, at the Council's meeting s in 
June and November  2018, some delegations had given e xamples of what such modalities could look 
like. He noted that there were barely ten months left until the December 2019 deadline. Therefore, 
it was important that discussions start to focus on concrete suggestions on the recommendation that 
the Council sh ould prepare for the next Ministerial Conference. As MC12 was also not far away, work 
to get there needed to intensify as of now.  
19.  The Chair said that, while t he TRIPS Council was the bes t forum to d iscuss these issues , the 
Chair would  also be available to assist delegations, including through  informal consultations among 
interested delegations or individual discussions.  
20.  The representatives  of South Africa , India, the United States of America , Brazil , Ecuador , 
the Russian Federation , Switzerland , Argentina , Chinese Taipei , Canada  and China  took the floor.  
21.  The Council took note  of the statements made and agreed  to revert to the matter  at its next 
meeting.  
7  REVIEW OF THE IMPLEM ENTATION OF THE TRIP S AGREEMENT UNDER AR TICLE 71.1  
22.  The Chair  said that Article 71.1 required the TRIPS Council to conduct a review once every two 
years.  
23.  The Council agree d to revert to the matter at its next meeting.  
8  REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICAT IONS UNDER ARTICL E 24.2  
24.  The Chair said Article 24.2 of the TRIPS Agreement required the Council to keep under review 
the application  of the TRIPS provisions on geogra phical indications  (GIs). The principal  tool for the 
review was  the Checklist of Questio ns (IP/C/13 and Add.1). At the Council's meeting in 
November  2018, Ukraine had introduced its responses to the GI checklist ( IP/C/W/117/Add.35) . 
Since then, Montenegro  had submitted its responses to the Checklist ( IP/C/W/117/Add. 36) and 
Norway  had updated its earlier responses (IP/C/W/177/Add.7/Rev.1 ).  
25.  The Chair said that fewer than 50, out of 164 Members, had responded to the  Checklist. Many 
of the earlier responses were also likely to be outdated and did not adequately reflect the fact that 
GI protection was  an active area of legal and policy development at the domestic level and in 
free trade  agreements (FTAs). He encouraged delegations to provide responses to the Checklist or 
to update earlier responses. He also recalled  the Council's recommendation, made i n March 2010, 
inviting Members to share information on bilateral agreements related to the p rotection of GIs . Such 
information c ould greatly facilitate the Council's conduct of this review.  
26.  The representatives Montenegro , Norway  and Switzerland  took the fl oor. 
27.  The Council  took note  of the statements made and  agreed  to revert to the matter at its next 
meeting.  
                                                
1 Document WT/L/1033.  IP/C/M/ 91 
 
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  9  FOLLOW -UP TO THE SIX TEENTH ANNUAL REVIEW  UNDER PARAGRAPH 2 O F THE 
DECISION ON THE IMPL EMENTATION OF ARTICL E 66.2 OF THE TRIPS AGREEMENT  
28.  The Chair  recalled that, at the previous meeting in November 2018, the Council had on its 
agenda the Sixteenth Annual Review under Paragraph 2 of the Decision on the Implementation of 
Article 66.2 of the TRIPS Agreement. At that meeting, delegations had briefly pre sented the reports 
submitted by developed country Members under Article 66.2(IP/C/W/646 and Addenda) as well as 
a proposal by the LDC Group entitled "Proposal on the Implementation of Article 66 of the 
TRIPS  Agreement" (IP/C/W/640 and IP/RD/24). The Counci l had agreed that it would revert to the 
item at its next meeting to permit continued consideration of the submitted material.  
29.  In order to give LDCs more time to absorb the information provided by developed countries in 
their repo rts, and also to ensure th at tho se reports were available in the official languages of the 
WTO, the Article 66.2 Workshop, which would have usually been held in November 2018, had been 
postponed. The Workshop had taken place in the two days preceding the meeting of the Council. 
Some of the capital -based delegates, who had participated in that Workshop would participate in the 
discussions under this agenda item. He invited delegations to comment on the materials that had 
been submitted for the meeting that had taken place in November  2018 and to share their 
experiences from the Article 66.2 Workshop.  
30.   The representatives of Chad, on behalf of the LDC Group, the Central African Republic , Senegal , 
Myanmar , Bangladesh , Vanuatu , Japan , Australia , Switzerland , the United States of America , 
Norway , New Zealand , the European Union , Canada  and the African Regional Intellectual Property 
Organization  (ARIPO) took the floor.  
10  TECHNICAL COOPERATIO N AND CAPACITY BUILD ING 
31.  The Chair  recalled that the Council had conducted its  annual review of technical cooperation, at 
its meeting in November 2018. Considering that  some information had been  made available only 
shortly before that  meeting, the Council had  agreed that Members would have a further opportunity 
to make comments at t his present meeting.  Since then , the International  Union  for the Protection  of 
New Varieties of Plants (UPOV) had submitted its  report on technical cooperation activities 
(IP/C/W/644/Rev.1/Add.6 ). 
32.  The representative of Australia  took the floor.  
33.  The Council  took note  of the statement made.  
11  INTELLECTUAL PROPERT Y AND INNOVATION: SU MMARY OF THE 2018 TH EME – THE 
SOCIETAL VALUE OF IP  IN THE NEW ECONOMY,  AND 2019 IP AND INN OVATION THEME: 
PUBLIC -PRIVATE COLLA BORATIONS IN INNOVAT ION 
34.  The Chair said that  the item had been  put on the agenda at the request of Australia; Canada, 
Chile; the European Union; Hong Kong, China; Japan; the Republic of Korea; Singapore; 
Switzerland; Chinese Taipei ; and the  United  States  of America . It covered  two aspects of the bro ader 
topic of IP and innovation:  
a. "The societal value of IP in the New Economy", a topic that the Council had discussed at its 
meetings last year. A relevant communication has been submitted  to facilitate discussion  
(IP/C/W/650); and  
b. "Public -Private Collabo rations in Innovation", a theme proposed by the co-sponsors for 2019 . 
A relevant communication ha d been submitted to facilitate discussion  (IP/C/W/652 and 
Add.1) . 
35.  The representative s of the United States  of America ; Singapore ; Australia ; Switzerland ; 
New Zealand ; Chinese Taipei ; Chile; South  Africa ; Hong Kong ; China ; Canada ; Japan ; Mexico ; the 
European Union ; the Republic of Korea ; Brazil ; China ; India and the Dominican Republic  took the 
floor. 
36.  The Council took note  of the statements made.  IP/C/M/ 91 
 
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  12  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST: PROMOTING  PUBLIC HEALTH 
THROUGH COMPETITION LAW AND POLICY  
37.  The Chair said that the item "Intellectual Property and the Public Interest: Promoting Public 
Health Through Competition Law and Policy" had been add ed to the agenda at the request of the of 
South Africa. A communication, which included questions to guide the discussion, had been 
submitted (IP/C/W/651).  
38.  The representatives of South Africa , Costa Rica , Brazil , Indonesia , China , Switzerland , the United 
States of America , Japan  and the European Union  took the floor.  
39.  The Council took note  of the statements made.  
13  INFORMATION ON RELEV ANT DEVELOPMENTS ELS EWHERE IN THE WTO  
13.1  Dispute Settlement  
40.  The Chair  said that the European Union ha d submitted a revised request for consultations with 
China regarding Certain Measures on the Transfer of Technology , on 20 December 2018. This  request 
has been circulated on 8  January 2018 (IP/D/39/Rev.1).2 
13.2  Amendment to the TRIPS Agreement  
41.  The Chair noted t hat Georgia had deposited its instrument of acceptance on 21 November 2018. 
Thus, 126 Members had accepted the Amendment to the TRIPS Agreement . He encouraged the 
remaining 39 Members to expedite action, before the current deadline for acceptance. The Gene ral 
Council Decision of 30  November 2017 (WT/L/1024) had extended the period for acceptance of the 
Protocol until 31  December 2019. His successor would consult with Members on whether they would 
consider recommending a further extension of this period of a cceptance to the General Council before 
the end of this year.  
13.3  IPR-Related Issues in Trade Polic y Reviews  
42.  The Chair  invited the Secretariat to report on IP-related issues that ha d been considered in the 
context of individual Members' trade policy reviews.  
43.  The representative of the  Secretariat  took the floor.  
44.  The Council took note  of the statements made.  
14  OBSERVER STATUS FOR INTERNATIONAL INTERG OVER NMENTAL ORGANIZATIONS  
45.  The Chair said that an updated list of  pending requests for observer status in the TRIPS Council 
by intergovernmental organizations was contained in document IP/C/W/52/Rev.13. Information  
provided by these organizations on their respective work and the reasons for their interest in 
observer status was available on the Members' website.3 
46.  He rec alled that, at its November 2018, the Council had agreed to grant permanent observer 
status to the Cooperation Council of the Arab States of the Gulf (GCC). Regarding the pending 
requests, h e encouraged Members to try to resolve t he differences among themselves and said that 
the Chair stood ready to assist. 
47.  The representatives of  South Africa , Ecuador , the United States of America , the Bolivarian 
Republic of Venezuela , China  and Bangladesh  took the floor.  
48.  The Chair recalled that, a t its meeting in November 2012, the Council had agreed to grant ad 
hoc observer status on a meeting -to-meeting basis to the European Free Trade Association (EFTA). 
                                                
2 Also circulated with document symbol WT/DS/549/1/Rev.1.  
3 Available at https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm .  IP/C/M/ 91 
 
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  Since then, this invitation had been renewed at each meeting. He suggested to invite the EFT A to 
attend the Council's next formal meeting on an ad hoc  basis.  
49.  The Council took note  of the statements made  and agreed  to invite EFTA to attend the next 
meeting on an ad hoc  basis.  
15  OTHER BUSINESS  
50.  No statements were made under this agenda item . 
16  ELECTION OF THE CHAIRPERSON  
51.  The Chair noted that the General Council meeting  to agree on the slate of chairpersons for WTO 
bodies was scheduled to take place from 28 February to 1 March. The refore, the  TRIPS Council would 
not be in a position  to elect its next Chairperson its present meeting . 
52.  He suggested that, in order t o avoid having an additional meeting just for the purpose of 
formalizing the election of the Chair person, the Council's  follow its earlier practice in similar situations  
and proceed as follows : 
a. Firstly, the TRIPS Council would formally elect its new Chair person  at the beginning of its 
meeting scheduled for 4 -5 June  2019; and  
b. As soon as the General Council has agreed on the slate of chairpersons, the TRIPS Council 
Chairperson -designate could  take up his or her role, including holding any consultations in 
preparation of the Council's June meeting, pending his or her formal election at that meeting.  
53.  The Council so agree d. 
 
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