IP/C/W/618  
1 November  2016 
(16-5989) Page: 1/15 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
  WTO SECRETARIAT TECHNICAL COOPERATION IN THE TRIPS AREA  
NOTE BY THE SECRETARIAT  
 
 
 
 
 
 
 
This document reports on the WTO Secretariat's technical cooperation activities concerning TRIPS 
undertaken between 1 September  2015 and 30 October  2016. It covers acti vities that specifically 
relate to intellectual property (IP) and the TRIPS Agreement, as well as contributions to other  
activities of a broader character which have a significant IP or TRIPS component . It follows the 
previous report to the Council for TRI PS contained in document IP/C/W/ 608, dated 3 August  2015. 
This cover note  provides a general overview . More information for  each activity is provided in the 
Annex  I. 
1  MAIN ORIENTATIONS, TRENDS AND DEVELOPMENTS  
1.1.  The Secretariat's technical cooperation activit ies in relation to the TRIPS Agreement 
continued to focus on assisting Members and Observers to understand the rights and obligations, 
including the available options, which flow from the TRIPS Agreement and relevant decisions of 
WTO bodies, in order to en able them to meet their developmental and other domestic policy 
objectives , including in relation to broader areas of trade policy as it relates to other  public policy  
dimensions , including  innovation and industrial policy,  health, regulation, competition policy and 
the environment . These capacity building activities also aim to support Members to participate fully 
and substantively in the WTO's ongoing work on TRIPS matters, in particular building their 
capacity to assess what is at stake for them in issue s under examination or review . In addition, 
Members and Observers continued to receive assistance regarding notifications and reviews of 
national legislation.  
1.2.  Technical cooperation on TRIPS has been delivered through information and advice given to 
Members  in Geneva, and through study programmes, training courses, seminars and workshops 
for developing countries in Geneva and elsewhere . It is driven essentially by demand from 
Members, as well as  from countries preparing to accede to the WTO . Growing diversit y of the 
needs and interests identified by Members has led to increased tailoring and focusing of technical 
assistance activities on specific areas of interest or sectoral policy themes, including through more 
focused and thematic national and regional wor kshops . At the same time, the Secretariat has 
adopted a more holistic approach to its capacity building activitie s in general, putting the 
TRIPS  Agreement and its policy choices into a broader context , and building policy skills through 
case studies and th e involvement of a wider range of policy expertise and the infusion of practical 
perspectives on the implementation of TRIPS and the IP system . This approach also takes into 
account the interface between the TRIPS Agreement and other WTO agreements, such a s 
agriculture , TBT  and SPS . It requires closer collaboration between and participation of various 
divisions in the Secretariat with a view to offering participants solution -oriented training activities 
that address all relevant dimensions  in an integrated way. The TRIPS modules of the Advanced 
Trade Policy Courses and the Workshop on Trade and Public Health, both held in Geneva , illustrate 
this approach . This document has been prepared under the  Secretariat's own  
responsibility and  is without prejudice to the positions of Members 
or to their rights and obligations under the WTO.  IP/C/W/618  
- 2 - 
  1.3.  In line with this holistic approach, c omplementarity and cooperation with other 
intergovernmental organi zations has been continuously ensured, especially through coordination 
with WIPO and the WHO in the field of IP and public health . In particular, the WHO -WIPO -WTO 
Trilateral Study on  "Promoting Access to Medical Technologies and Innovation " 
(http://www.wto.org/english/res_e/publications_e/who -wipo-wto_2013_e.htm) , launched in 
February  20131, provided a comprehensive information resource to support a multidimensional 
approach in relation to the intersections between public health, intellectual property and trade.  
2  SEMINARS, WORKSHOPS, TRAINING COURSES AND OTHER TECHNICAL COOPERATION 
ACTIVITIES  
2.1   In Geneva  
2.1.  Many broader WTO training courses, seminars and workshops included a significant TRIPS 
component, such as the regular WTO Advanced Trade Policy Courses, the "Geneva Weeks" for 
Non-Residents, and other events held in Geneva . Three Advanced Trade Policy Courses held during 
the reporting period also included a visit to WIPO, e nabling participants to learn about that 
Organization, its treaties  and activities.  
2.2.  The thirteen th joint WIPO -WTO Colloquium for Teachers of Intellectual Property  from 
Developing Countries and/or countries with economies in transition formed part of the wi der 
Secretariat's approach towards cooperation with the academic community in developing countries 
aimed at local capacity building on WTO matters . The main objective of the Colloquium was to 
update university teachers of IP in developing countries and cou ntries with economies in transition 
on the activities and instruments of the WIPO and the WTO with focus on important policy issues 
under negotiation or discussion in the two Organizations, and to set these issues in their wider 
legal and policy context . In addition to speakers from the two Secretariats and from  the WHO, 
UNFCCC, ITU and UPOV, two representatives of the judiciary were invited to participate as main 
speakers on IP Jurisprudence, which largely enhanced and enriched the quality of the Colloquiu m. 
Participating university teachers also made presentations on selected topics . The build ing of  an 
active alumni network, and the development of the Colloquium papers as a quality academic 
journal2, together ensure that this activity will have a significa nt long -term impact, particularly in 
strengthening indigenous capacity both for teaching IP with an international and policy -rich 
perspective, and for analysing and assessing current IP policy issues.  
2.3.  The eighth joint WIPO -WTO Advanced Course on Intellectu al Property  continued to draw on 
the experience of the Colloquium, and applied a similar programme structure and pedagogic 
strategy . The target group were , however,  government officials and public sector policymakers . 
The course also applied the notion of gradual and progressive learning : in order to qualify for the 
course, the candidates had to complete the WTO eTraining TRIPS Course or possess 
commensurate knowledge or professional experience . The course was thus able to work from a 
truly advanced baselin e and to explore cutting edge issues through  an interactive debate and 
practical case studies, so as to strengthen participants'  capacity to review policy options and their 
implications, and to learn from the wide range of practical experiences covered in the programme.  
2.4.  With a view to responding to the increased interest in and demand for technical assistance on 
cross-cutting, thematic issues, the Secretariat, in close collaboration with the WHO and WIPO, and 
with valuable inputs from other partners, has fu rther elaborated the Workshop on Trade and Public 
Health . Building on the series of Workshops on Intellectual Property and Public Health convened 
since 2005, and guided directly by feedback from past participants, this capacity building activity 
has since 2014 gradually evolved to maintain coverage of key issues concerning medicine 
innovation and access from a TRIPS perspective, particularly the use of TRIPS flexibilities, but also 
                                                
1 Available at: http://www.wto.org/english/res_e/booksp_e/pamtiwhowipowtoweb13_e.pdf ; 
http://www.wipo.int/polic y/en/global_health/trilateral_cooperation.html ; 
http://www.who.int/phi/promoting_access_medical_innovation/en/ . See also the Briefing Note on "Promoting 
Medical Innovation and A ccess, Together" at:  
https://www.wto.org/english/tratop_e/trips_e/who_wipo_wto_e.htm . 
2 Papers presented at the Colloquium of 2015 will be compiled and published by WIPO and the  WTO and 
will be available online as an edited volume, intended to provide a resource for researchers and analysts 
covering contemporary IP and TRIPS issues from the perspective of a wide range of developing countries, and 
enabling to build the academic cr edentials of participants. This will be the sixth volume in a formal publication 
series.  IP/C/W/618  
- 3 - 
  to set public health policy within a wider range of trade disciplines  as wel l as the human rights 
dimension . It therefore enables participants to view the interface between public health objectives 
and trade agreements in a holistic manner, an aspect receiving strong positive feedback from 
participants, who are drawn from across h ealth, trade and IP agencies.  
2.5.  Since their inception in 2005, responding to Members' agreement to establish a new 
health -related flexibility in the form of the Paragraph 6 System , the capacity building w orkshop s 
on public health have maintained a concentrat ion on the  System , and its operation as a 
mechanism enabling  WTO Members to grant special compulsory licences for export of medicines.  
For instance, the  initial 2005 W orkshop provided "information and exercises pertaining to its 
implementation and applicat ion in practice, and to provide a platform for the analysis of issues 
related to the legislative and institutional framework at the domestic level " and "an opportunity to 
exchange views and experiences among participants and with representatives from other  
international organizations, industry and NGOs ".3 The evolving pattern of this area of technical 
assistance has been reported to the TRIPS Council in previous annual updates. Initially general in 
character, t he focus of capacity building has evolved as do mestic implementation of the system 
has proceeded in many  Members, with many more now having export provisions in their laws to 
facilitate the system. Accordingly, more recently the W orkshops have focused on how to make 
effective use of this additional pro curement tool in practice so that affordable medicine s reach 
patients ( details  regarding  this part of  the Workshop held in 2016  are provided in Annex II) , 
drawing also on capacity building material in the Trilateral Study (paragraph  1.3 above) . 
2.2   Outside Ge neva  
2.6.  The WTO organized five national workshops devoted to IP matters, in Algeri a (on the TRIPS 
Agreement  and distinctive signs ); the United Arab Emirates  (on intellectual property and public 
health ); Cuba (on certain public policy questions related to the TRIPS Agreement ); Bangladesh  (on 
intellectual property ); and Saint Kitts and Nevis (on the TRIPS Agreement , focusing on the review 
of implementing legislation and notifications to the TRIPS Council ). In line with the demand driven 
nature of technical assis tance, these activities responded to the specific needs identified  by the 
host country  and were organized in cooperation with  the respective  recipient count ry. 
2.7.  Broader WTO technical assistance activities outside Geneva have included a significant TRIPS 
component . For example, the Secretariat contributed (in partnership with the Universidad Andina 
Simón Bolivar  in Quito, Ecuador ; the Ecole Supérieure de Commerce of Tunis, Tunisia ; the 
Shridath Ramphal Centre for International Trade, Law, Policy and Services in Bridgetown, 
Barbados ; and the University of Botswana)  to WTO R egional Trade Policy Courses with a significant 
IP component . In addition, the Secretariat organized a Sub -regional Short Trade Policy Course that 
contained a significant IP component, for th e Associaci ón Latinoamericana de Integraci ón. 
2.3   eTraining  
2.8.  WTO E -Learning ( https://ecampus.wto.org/default.asp ) currently offers four courses related 
to TRIPS : Trade-Related Aspects of Intellectual Property Rights , as well as a Short Trip through 
TRIPS4, Copyright in the WTO5 and Patents in the WTO6, which are new E -Learning courses.  They 
have been developed using the latest pedagogical approach and making use of instructional design 
methodologies.  The learni ng material includes a wide variety of multimedia, interactive elements 
and exercises.  
2.9.  The courses are organized in English, French and Spanish all -year round . Participants have 
online access to the course material, background documents, interactive sessio ns (webinars, chat 
sessions and discussion forum) as well as pre - and post -tests. Successful participants are awarded 
a certificate . They are assisted throughout the course by a trainer and a helpdesk . In the 
invitations to workshops and more advanced tech nical assistance  activities on the 
                                                
3 IP/C/W/454  of 5 October 2005 . 
4 The English version was made available for participants on 3  March  2015 and the French and Spanish 
versions on 1  September  2015.  
5 The English version was made available for participants on 1  September  2015. The French and 
Spanish versions will be made available as soon as possible.  
6 The English version was made available for participants on 1  February  2016. The French and Spanish 
versions will be made available as soon as possible.  IP/C/W/618  
- 4 - 
  TRIPS  Agreement, the Secretariat has prioritised candidates having successfully completed t he 
WTO TRIPS E -Learning course . 
3  COOPERATION WITH WIPO AND OTHER INTERGOVERNMENTAL ORGANIZATIONS  
3.1.  Cooperation with WIPO continues as  a key feature of technical cooperation in the TRIPS area, 
based on the 1995 cooperation agreement between the two Organizations, and the WIPO -WTO 
Joint Initiative on Technical Cooperation for Least Developed Countries, launched in June 2001. 
3.2.  The WTO Secre tariat's technical cooperation in the area of TRIPS includes a wide range of 
coordination and cooperation  with other intergovernmental organizations , and contributions to 
other IGO programs . For instance , the WHO, WIPO and WTO Secretariats have continued t heir 
trilateral cooperation with a view to fostering a better understanding of the linkage between public 
health, intellectual property and trade more generally and to enhance a mutually supportive 
implementation of the relevant policies in those areas . Among other  things, this also included 
jointly designing and carrying out a number of capacity building activities during the period under 
review , including two Geneva -based Trilateral Symposi a on "Innovation and Access to Medicines ; 
Learning from the Past, Illuminating the Future"  and on "Antimicrobial Resistance : How to Foster 
Innovation, Access and Appropriate Use of Antibiotics?" . 
3.3.  The technical cooperation activities therefore included various forms of partnership, 
cooperation or invaluable inputs from, i n the multilateral sphere, UNAIDS, UNCTAD, UNDP, 
UNFCCC, UN OHCHR , UPOV, WHO, WIPO  and WCO , as well as  a wide range of civil society and 
private sector actors, individual academics and senior judges, and regional organizations , including 
ARIPO and OAPI .  
   
  IP/C/W/618  
- 5 - 
 
ANNEX I  
Technical Cooperation Activities in the TRIPS Area from 1 September  2015 to 30 October  2016 
Activity  Date  Location  Brief Description  Link to further details  
WTO Regional Trade Policy 
Course for Latin America 
(sessions on TRIPS)  31 August - 
1 Septe mber 2015 Quito, 
Ecuador  The purpose of the RTPC, which includes a 
component on TRIPS, was to ensure that 
participants were thoroughly exposed to all 
WTO-related issues, and developed practical skills 
as well as an extensive network of contacts . It also 
served as a general introduction for those who may 
become specialists at a later stage . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=RT
PC15/7  
 
WIPO National  Workshop on 
Intellectual Property as a tool for 
Strengthening  the productive 
sector  2-4 September  
2015 Quito, 
Ecuador  The WTO contribution to this activity focused on  
patent provisions in the  TRIPS Agreement and their 
link with public policy issues, such as public health  
and renewable energy .  
Academic Support to WTO Chair  10-11 September  
2015 Shanghai, 
China  This TA activity was requested by Shanghai 
University of International Business and Economics 
(SUIBE), as part of the WTO Chairs Programme, 
which ai ms to support and promote trade -related 
academic activities by universities and research 
institutions in developing and least -developed 
countries . This activity included three segments : 
two roundtable discussions with Shanghai 
Intellectual Property Adminis tration (SIPA) and 
Shanghai Intellectual Property Court respectively 
and one conference on WTO and Health : Law and 
Policy of Traditional Chinese Medicines .  
WIPO -MCST -KCC Interregional 
Workshop on Copyright 
Enforcement  14-18 September  
2015 Seoul, 
Republic  of 
Korea  The WTO contributed to this activity through 
presentations on TRIPS provisions on  
IPR enforcement and on WTO case law  in the field 
of copyright and enforcement.     
  IP/C/W/618  
- 6 - 
 
Activity  Date  Location  Brief Description  Link to further details  
WTO Workshop on Trade and 
Health for Capital -based officials 
from Developing Countr ies 26-30 October  2015 Geneva  The Workshop laid emphasis on building capacity to 
analyse and undertake policy choices in the area of 
intersection between trade and public health . 
Presentations, discussions and practical exercises 
therefore looked at releva nt trade agreements as 
part of the wider action to address needs specific to 
public health . In particular, the Workshop covered 
key factors that impact on innovation and access in 
the pharmaceutical sector, including : Public health 
determinants ; intellectu al property rights ; pricing 
and procurement policies ; competition policy and 
rules; tariffs, quotas and licensing ; and health 
services . A separate section dealt with regulatory 
issues, including the approval, quality control and 
effectiveness of medicines,  the protection of clinical 
test data under the TRIPS Agreement and 
health -related measures in the TBT and SPS 
Committees . http://wtotrta/Activities/Activit
yDetailPlan.aspx?A ctivityId=TC
15/9 
https://www.wto.org/english/n
ews_e/news15_e/trip_12nov15
_e.htm  
https://www.wto.org /english/n
ews_e/news15_e/ddgra_26oct1
5_e.htm   
WHO, WIPO and WTO Technical 
Workshop on "Patentability 
Criteria"  27 October  2015 Geneva  The Technical Workshop aimed at complementing 
the 2 8 October  2015 Symposium (see below) 
through providing participants w ith practical 
insights into how the main substantive patentability 
criteria are applied in practice at country level and 
how different interpretations can impact on public 
health.  https://www.wto.org/english/tr
atop_e/trips_e/trilat_workshop
15_e.htm  
Fifth WHO-WIPO -WTO joint 
Trilateral Symposium on 
Innovation and Access to 
Medicines ; Learning from the 
Past, Illuminating the Future  28 October  2015 Geneva  The Trilateral Sympos ium reviewed the information 
base on access and innovation in medical 
technologies and identified possibilities and 
limitations for better integrating data in support of 
policy makers' future work . https://www.wto.org/english/tr
atop_e/trips_e/trilat_symp15_e
/trilat_symp15_e.htm  
WTO Regional Workshop on 
Intellectual Property, Public 
Health and Priority Needs  3-6 November  2015 Abidjan, 
Ivory Coast  The Workshop aim ed at providing participants with 
a better understanding of (i) the TRIPS Agreement ; 
(ii) the linkages between the IP regime and public 
health; and (iii) the WTO needs assessment process 
in the field of IP. http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=TR
IPS15/2    
  IP/C/W/618  
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Activity  Date  Location  Brief Description  Link to further details  
Advanced Trade Policy Course 
(sessions on TRIPS)  9-10 November  
2015 Geneva  The ATPC includes a module on intellectual 
property . It aims at developi ng participants' 
autonomy in conducting WTO -related work by : (i) 
encouraging critical thinking to explore the linkages 
between WTO rules and disciplines and countries' 
trade policies and interests in the multilateral 
trading system ; and (ii) enhancing anal ytical and 
negotiating skills to engage in trade policy 
formulation and implementation, monitoring and 
surveillance, WTO negotiations or dispute 
settlement . http://wtotrta/ Activities/Activit
yDetailPlan.aspx?ActivityId=AT
PC15/3  
WTO National Workshop on the 
TRIPS Agreement and Distinctive 
Signs 23-24 November  
2015 Algiers, 
Algeria  The Workshop addressed issues related to 
trademarks and geographical indications . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=DZ
A15/4  
Introduction Course for LDCs  12 February  2016 Geneva  The Introduction Course includes a module on the 
TRIPS Agreeme nt. It aims at the dissemination of 
general information about the WTO, its basic rules 
and disciplines and its functioning . http://wtotrta/Activities/Activit
yDetailPlan.aspx? ActivityId=IC
16/1 
Advanced Trade Policy Course 
(sessions on TRIPS)  12 February  and 
1 March  2016 Geneva  The ATPC includes a module on intellectual 
property . It aims at developing participants' 
autonomy in conducting WTO -related work by : (i) 
encouraging cr itical thinking to explore the linkages 
between WTO rules and disciplines and countries' 
trade policies and interests in the multilateral 
trading system ; and (ii) enhancing analytical and 
negotiating skills to engage in trade policy 
formulation and impleme ntation, monitoring and 
surveillance, WTO negotiations or dispute 
settlement . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=AT
PC16/1  
WTO National Workshop on 
Intellectual Property and Public 
Health  17-18 February  
2016 Dubai, UAE  The purpose of the Workshop was to provide 
participants with a better understanding of the 
provisions of the TRIPS Agreement relevant to  
public health . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=AR
E16/1    
  IP/C/W/618  
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Activity  Date  Location  Brief Description  Link to further details  
Eighth WIPO -WTO Advanced 
Course on Intellectual Property 
for Government Officials  7-18 March  2016 Geneva  The main objective of the W IPO-WTO Advanced 
Course on Intellectual Property for Government 
Officials is to update government officials on the 
activities and instruments of WIPO and the WTO, 
and to provide a forum for them to exchange 
information and ideas with the two Secretariats a nd 
with a range of organizations based in Geneva . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=TC
15/6 
WTO Regional Trade Policy 
Course for French -speaking 
African countries (sessions on 
TRIPS)  18-20 April 2016 Tunis, 
Tunisia  The purpose of the RTPC, which includes a 
component on TRIPS, was to ensure that 
participants were thoroughly exposed to all 
WTO-related issues, and developed practical skills 
as well as an extensive network of contacts . It also 
served as a general introduction for those who may 
become specialists at a later stage . http://wtotrta/Activities/Activit
yDetailPl an.aspx?ActivityId=RT
PC16/2  
WTO National Workshop on 
Certain Public Policy Questions 
Related to the TRIPS Agreement  19-21 April 2016 Havana, 
Cuba The purpose of the Workshop was to provide 
participants with a greater understanding of the 
TRIPS Agreement and the multil ateral intellectual 
property  regime . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=CU
B16/1  
UNCTAD/Ministry of 
Industry/Ministry of Health 
Workshop on "The Use of 
Intellectual Property Rights' 
Flexibilities to Promote Local 
Pharmaceutical Production in 
Ethiopia  3-4 May 2016 Addis Ababa, 
Ethiopia  As a contribution to the implementation of the 
National Strategy and Plan of Action for 
Pharmaceutical  Manufacturing Development 
(2015 -2025) that the Government of Ethiopia has 
put in place in collaboration with the WHO, the 
Workshop aimed at enhancing the understanding of 
how intellectual property relates to local 
pharmaceutical production . The WTO Secret ariat 
contributed to the Workshop through a video link . It 
provided an update on the state of play of 
Ethiopia's accession to the WTO, an introduction to 
the TRIPS Agreement and how intellectual property 
rights relate to innovation and investment, as well 
as the transition periods currently available to 
LDCs.    
  IP/C/W/618  
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Activity  Date  Location  Brief Description  Link to further details  
WTO Regional Trade Policy 
Course for the Caribbean 
(sessions on TRIPS)  9-11 May 2016 Bridgetown, 
Barbados  The purpose of the RTPC, which includes a 
component on TRIPS, was to ensure that 
participants  were thoroughly exposed to all 
WTO-related issues, and developed practical skills 
as well as an extensive network of contacts . It also 
served as a general introduction for those who may 
become specialists at a later stage . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=RT
PC16/5  
WHO/Ministry of Health and 
Population/Institut Français 
Égypte : International 
Conference on IP and 
Counterfeit, Falsified and 
Substa ndard Drugs  29-30 May 2016 Cairo, Egypt  The themes discussed at the Conference included IP 
and patent issues in Egypt, as well as the role of 
law and law enforcement in controlling counterfeit, 
falsified and substandard drugs . Presentations were 
made by re presentatives of the Government of 
Egypt, French experts and private sector 
representatives . The WTO contribution to the 
programme included a presentation on the TRIPS 
Agree ment and Counterfeit Medicines .  
WTO Academic Support 
Programme – Lectures on TRIP S 
in Summer Academic at Centre 
for WTO Studies, Indian Institute 
of Foreign Trade  30 May 2016 Delhi, India  This training course was sponsored by the Indian 
Government  through the Indian Institute of Foreign 
Trade, New Delhi, in the form of a Summer 
Academy  on trade law in cooperation with the 
World Trade Institute . It aimed at strengthening 
India's capacity on trade law.  http://wtotrta/Activities/Activit
yDetailPlan.aspx?Acti vityId=AS
P16/6  
13th WIPO -WTO Colloquium for 
Teachers of Intellectual Property 
from Developing Countries  13-24 June 2016 Geneva  The aim of the WIPO -WTO Colloquium is to help 
teachers of IP from developing countries  become 
more aware of the Geneva institut ions, negotiations 
and other activities dealing with intellectual 
property law and policy, and to strengthen their 
countries ' independent research, policy analysis and 
teaching in international intellectual property law 
and economics with its diverse polic y contexts . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=TC
16/13  
https://ww w.wto.org/english/tr
atop_e/trips_e/colloquium_mai
n_e.htm  
WTO Regional Trade Policy 
Course for English -speaking 
African countries (sessions on 
TRIPS)  20-22 June 2016 Gaborone, 
Botswana  The purpose of the RTPC, which includes a 
component on TRIPS, was to e nsure that 
participants were thoroughly exposed to all 
WTO-related issues, and developed practical skills 
as well as an extensive network of contacts . It also 
served as a general introduction for those who may 
become specialists at a later stage . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=RT
PC16/1    
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Activity  Date  Location  Brief Description  Link to further details  
Advanced Trade Policy Course 
(sessions on TRIPS)  24 June and 
4 July 2016 Geneva  The ATPC includes a module on  intellectual 
property . It aims at developing participants' 
autonomy in conducting WTO -related work by : (i) 
encouraging critical thinking to explore the linkages 
between WTO rules and disciplines and countries' 
trade policies and interests in the multilate ral 
trading system ; and (ii) enhancing analytical and 
negotiating skills to engage in trade policy 
formulation and implementation, monitoring and 
surveillance, WTO negotiations or dispute 
settlement . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=AT
PC16/2  
Lectures for MIP programme 
with Queensland University 
Technology  17-19 August  2016 Brisbane, 
Australia  The WTO contribution to the WIPO Masters of 
intellect ual property programme focussed on the 
TRIPS Agreement, including current issues such as 
public health and climate change, and  its interplay 
with other areas of policy and regulation, such as 
innovation policy and the TBT and SPS Agreements . 
It centred on a multidimensional case study 
illustrating the interface between intellectual 
property, trade and food policy .  
WTO National Workshop on 
Intellectual Property  23-24 August  2016 Dakha, 
Bangladesh  The purpose of the Workshop was to provide 
participants with  a better understanding of the 
TRIPS Agreement , with a particular focus on the 
pharmaceutical sector.  http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=BG
D16/2  
WIPO Regional Meeting of 
Representatives of Export 
Offices and Heads of IP offices 
form Latin American Countries  14-15 September  
2016 Santa Maria, 
Colombia  The WTO contribution consisted in particular in a 
participation in a roundtable on "Trade, IP and 
Export / Challenges for Competitiveness ".  
Lectures for LL.M in Intellectual 
Property programme with 
WIPO -University of Turin  
 26 September  2016 Turin, Italy  The WTO contribution to the WIPO -Turin LL.M in 
Intellectual Property focused on dispute settlement 
in the field of IP .    
  IP/C/W/618  
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Activity  Date  Location  Brief Description  Link to further details  
WTO National Workshop on 
Intellectual property : Intellectual 
property to Meet South Africa's 
Developmental Objectives  26-27 September  
2016 Pretoria, 
South Africa  The purpose of the Workshop was to build capacity 
among government offic ials who are members of 
the newly established Inter -Ministerial Committee 
on Intellectual Property (IMC) . They were expected 
to gain a better understanding of TRIPS flexibilities 
and how they can address South Africa's 
developmental objectives . The activit y took into 
account  the IP Consultative Framework that was 
adopted by Cabinet on 6 July 2016 and which 
served as the basis for consultations with a broad 
range of stakeholders in order to review and further 
develop South Africa's IP policy . http://wtotrta/Ar/ActivityReque
st.aspx?ActivityRequestId=745  
UNCTAD/UNDP Workshop on the 
Consultative Framework for IP in 
South Africa  28 September  2016 Pretoria, 
South Africa  This activity cons isted in assisting  the Department 
of Trade and Industry in collecting stakeholder 
feedback on the  Intellectual Property Framework 
with a view to formulating a national Intellectual 
Property Policy . The WTO contribution included a 
presentation on geographic al indications and on the 
special compulsory licensing mechanism to export 
medicines.  http://wtotrta/Ar/ActivityReque
st.aspx?ActivityRequestId=767  
WTO Course on Enhancing LDC 
Participation in the Multilateral 
Trading System  10-14 October  2016 Geneva  This Course includes a module on intellectual 
property . It aims at deepening the understanding of 
the participants on trade and development issues 
being discussed in the WTO . http://wtotrta/Activities/Activit
yDetailPlan.aspx?ActivityId=TC
16/19  
WTO Workshop on Trade and 
Health for Capital -based officials 
from Developing Countries  
 17-21 October  2016 Genev a The Workshop aim ed at building national 
decision -makers ' capacity to analyse policy choices 
in the area of intersection between trade, 
intellectual property (IP) and public health, based 
on a comprehensive understanding of overlapping 
policy issues with bearing on public health, and an 
analysis of their relationship with multilateral trade 
agreements . It reviewed the system of multilateral 
trade agreements as part of the wider action to 
address needs specific to public health, and set this 
system in the c ontext of the broader factors that 
impact on innovation and access to pharmaceuticals 
and medical technologies . https://www.wto.org/english/n
ews_e/news16_e/trip_17jun16
_e.htm    
  IP/C/W/618  
- 12 - 
 
Activity  Date  Location  Brief Description  Link to further details  
WHO, WIPO and WTO Technical 
Symposium on  "Antimicrobial 
Resistance – How to Foster 
Innovation, Access and 
Appropriate Use of Antibiotics?"  25 October  2016 Geneva  The Symposium offered a forum for stakeholders 
and representatives of relevant sectors to exchan ge 
views and experiences, to discuss and allow 
participants to achieve a better understanding of 
the global challenge of AMR and to envisage 
possible ways forward . https://www.wto .org/english/n
ews_e/news16_e/heal_29aug1
6_e.htm  
WTO National Workshop on the 
TRIPS Agreement  25-27 October  2016 Basseterre, 
Saint Kitts 
and Nevis  The purpose of the Workshop was to provide 
participants with a better understanding of the 
TRIPS Agreement , as well as to assist the 
Government to prepare pending responses to the 
review of implementing legislation and to notify 
relevant legislative measures to the TRIPS Council.   
WTO E -Learning Courses on 
Trade -Related Intellectual 
Property Rights:  
- Trade -related aspects of 
Intellectual Property Rights, 
level 2  
- A Short Trip through TRIPS, 
level 2  
- Copyright in the WTO, level 2  
- Patents in the WTO, level 2  throughout the year  online  Interactive course over the Internet;  24/7 access to 
training material from  any location in the world ; 
dedicated WTO tutor ; WTO certification . https://ecampus.wto.org/defau
lt.asp  
 
 IP/C/W/618  
- 13 - 
  ANNEX II  
WTO Workshop on Trade and Public Health, Geneva, 17 to 2 1 October  2016 
Session on Practical Use of the Paragraph 6 System  
Building on the preceding eleven  workshops in this series which had covered implementation of the 
Paragraph 6 System, the 2016 WTO Workshop on Trade and Public Health included updated 
capacity -building material on making e ffective use of special compulsory licences for export  as a 
procurement tool for medicines . This material was tailored for the  mix of public health, trade and 
intellectual property officials taking part in the workshop.  In anticipation of the System's expe cted 
entry into force in the near future, and in light of the extensive implementation of enabling 
legislation by potential exporting countries, t his Annex provides an overview of the session . It has 
been prepared as a background resource only on the respo nsibility of the Secretariat, and no views 
are attributable to any participant in the session . 
 
By way of introduction , the WTO Secretariat  gave a presentation covering  the following points : 
 
 The Paragraph 6 System was the first ever amendment agreed to the WTO Agreement  and the 
full package of multilateral trade law, with the express purpose of facilitating access to 
medicines by those facing particular challenges . Encouragement for its use had been voiced at 
the highest levels within the multilateral syst em and it was a concrete contribution to the 
achievement of the UN  Sustainable Development Goals  which refer to the full use of TRIPS 
flexibilities for access to medicines .  
 Upon its entry into force, the Paragraph 6 System would provide for a secure  legal pathway to 
affordable medicines  and put it on par with other pro -health TRIPS flexibilities . An important 
recent development has been the great increase in pharmaceutical exporting countries putting 
in place the necessary legislation to enable its use for  export: this had gone from one Member 
at the time of first use to over 52 today, covering about 80  % of current medicines export 
capacity.  
 The System comes into play when the best option for access  to a medicine  is production 
specifically for export under  a compulsory licence in a foreign country  (it did  not apply, for 
instance, where some of the production under "regular " compulsory licences could be 
exported , such as when production under compulsory licence for a relatively large home 
market could also s erve a smaller export market).  
 As a dedicated "trade -related " compulsory licence , such c ompulsory licensing specifically for 
export was a relatively new development  with no antecedents in domestic law , unlike 
conventional compulsory licensing to service d omestic needs which was more established in 
many countries. Apart from the direct use in creating legal pathways for access to medicines, 
one other use of compulsory licensing mechanisms was to exert leverage during negotiations 
with patent owners or licen sees to agree on lower prices.  
 The System was not a stand -alone procurement mechanism , and would not operate in 
isolation from procurement of medicines in general . This additional TRIPS flexibility now 
formed an important part of the medicines procurement toolkit, but did not in itself remove 
any separately applicable procurement procedures or regulation for safety and efficacy , which 
may still apply to production and supply of medicines whether or not the System as such is 
used.  
 A key element was notifying  expected demand for medicines, and this could be done early in 
the procurement process, opening up a wider range of potential suppliers and potentially 
enabling the pooling of demand  by different Members with similar needs . Notification under 
the System c ould be used at the stage of identifying all possible sources of supply, so as to 
ensure the most competitive and sustainable range of options for access to medicines.  
 The need for economies of scale was foreseen in the System, and this would be a f actor 
particularly when the needs of relatively small populations are concerned. Whatever the 
procurement  pathway used, if the scale of demand is low, then low -cost production may be 
difficult (unless it  is an already established product), in view of tooling up for production and 
meeting any regulatory requirements (including where regulations are applied by the country 
of export) . The System makes clear that an export compulsory licence can serve the needs of 
multiple Members . Where countries share the same need s and the same constraints (e.g. in IP/C/W/618  
- 14 - 
  the same region), they could pool d emand. This would be particularly effective if their 
regulatory requirements were compatible (e.g .through use of the WHO Prequalification 
Programme ). The System could also be used  as part of efforts  to build local production 
capacity  where this production could be used to serve countries in the same region, enabling 
economies of scale and thus lower cost and more sustainable production of medicines.  
 Discussions  and analysis were continu ing on how to make effective use of the System.  
Reference was also made to the UN High Level Panel Report on Access to Medicines that had  
reported on differing views on the System and  called upon WTO Members to revise it. (The 
High Level Panel Report was a lso presented by a member of its Secretariat and discussed at a 
session on Human Rights Dimension and Access  to Medicines).  
 
As regards the operati on of the System,  key issues  and questions  for further consideration  
that were raised in subsequent discussio ns include d: 
 
 Awareness raising : it was noted that competent authorities in developing countries, in 
particular procurement agencies , would often not be sufficiently aware of the Paragraph 6 
System . It could be expected to  be used more extensively once it was routinely considered as 
part of procurement procedures and there was more information about the specific practical 
scope of its use .  
  What is needed to raise awareness about the System as a potential procurement tool in 
developing countries?   
  Specifi cally, what medicines, especially those on the WHO Essential Medicines List, are 
currently patented in all potential producing countries: which specific procurement needs 
correspond to the specific scenario that the System responds to?  
 Context : it wa s reco gnized that the System could n ot work in isolat ion from procurement 
progra mmes and regulation of medicines . 
  How to ensure that the System function s effectively as an integral part of other relevant 
policies, both at domestic and regional level, including as regards  needs identification,  
procurement and regulation of medicines?  
 Implementation at domestic/regional level : it was noted that compulsory licences tailored for 
export were a novel component in TRIPS  and generally required exporting countries, in 
particular, to amend their legislation . This was happening, increasingly, in many key 
pharmaceutical production countries, but it was necessary to draw information on these 
arrangements together so that procurement program mes and companies could make clear 
choices about production and export possibilities .  
  How to ensure that domestic implementing measures are designed in a manner that 
ensures that the Paragraph 6 System is easy to use , and did not impose unnecessary 
obstacles to its use, particularly from t he export point of view, including to service multiple 
countries ?  
 Information resources : it was reported that potential importing countries often lacked 
knowledge about potential supply sources . It was also recognized that d ata-driven decisions  
were impor tant to support access to affordable medicines through procurement systems at 
domestic and regional level.  Further support may be needed to facilitate forecasting of 
expected need, so that these needs could be notified under the System.  
Useful tools and in formation resources at the disposal of WTO Members that were mentioned 
during the Workshop include  (i) WIPO Patent Landscape Reports, as they can help to establish 
the legal status of patents, as well as mapping innovation patterns and patenting trends in  a 
specific technological field or geographical area; and (ii) WHO Databases which can provide 
strategic information, inter alia , on pricing, regulatory status, market forecast, local production 
and procurement supply management.   
  How to make best use of e xisting information resources ? 
  What other information resources, if any, are required to support the use of the 
Paragraph  6 System?  
  How to accurately forecast domestic/regional needs?  IP/C/W/618  
- 15 - 
    How best to identify supply sources, including by making early notifi cations to the WTO as 
way to open up additional supply opportunities?  
 Economic viability : it was observed that the use of the System was the object of strict 
conditions, including as regards the products covered, the importing countries, the duration of 
the compulsory licence and the quantity that can be manufactured under such a licence. It was 
also acknowledged that similar constraints appl ied to standard compulsory licences.   
  How can the predictability of the System be ensured in order for the generic i ndustry to 
make use of an exceptional tool like the Paragraph 6 System?  
  How to make sure that generic companies engaging in the production of export of 
medicines under the System can recover their manufacturing costs?  
  How best to pool demands, at regiona l level and otherwise, in order to boost economies of 
scale?  
 Exposure to pressure : reportedly, some potential importing countries may be hesitant to 
implement and use the System due to fear of political pressure by major trading partners, as 
well as retali atory measures that might be taken by industry, including as regards investment 
in local production capacity. I t was also noted that the implementation of the System in the 
laws of potential exporting countries illustrated their practical support for its u se, and there 
had been widespread political support and encouragement for use of the System .  
  Is there a need to further clarify that the use of the System is supported in appropriate 
circumstances by all WTO Members and the R&D industry and, if so, how c ould this be 
achieved?  
 Clarification : a number of i ssues that would merit further clarification were referred to, 
including:   
  How to assess whether a country has insufficient or no manufacturing capacity in the 
pharmaceutical sector ? 
  How to use the Syste m in the context of regional settings, including RTAs that qualify for 
the specific waiver built into the Paragraph 6 System and pooled procurement 
mechanisms ? 
  Whether the System could also apply to medical devices ? 
  What kind of regulatory approval is ne eded (if any) for medicines to be exported under the 
System , as distinct from the regulation of medicines in the country of use (noting that this 
question would arise for any medicines produced for export) ? 
 Case studies : among the issues that would merit  further discussion , the following themes were 
mentioned:   
  Why has the System not been used more frequently ? In this context it was noted that in 
the one case, the medicines sought proved to be available off -patent, initially at a 
considerably lower price, from other producers.  
  Can and should the System's success be measured against its impact as a negotiating tool  
to leverage lowest prices, by enabling greater competition among potential suppliers ? 
  In the case of HIV/AIDS, what is the System's potential r ole to ensure access to second 
and third line treatment?  
  Whether and, if so,  to what extent has the possibility of using the Paragraph 6 System 
been affected by negotiations of bilateral and regional trade agreements?  
 
__________