RESTRICTED  
  
IP/C/M/80  
 
25 November 2015  
(15-6227)  Page: 1/13  
Council for Trade-Related Aspects of  
Intellectual Property Rights   
 
MINUTES OF MEETING 
HELD IN THE CENTRE WILLIAM RAPPARD  ON 15-16 OCTOBER, 6 NOVEMBER AND 
23 NOVEMBER 2015 
Chairpersons: Ambassador Al-Otaibi (Kingdom of Saudi-Arabia) and  
Ambassador Alfredo Suescum (Panama) 
The present document contains the record of the Council for TRIPS meetings held on 
15-16 October, 6 November and 23 November 2015 respectively. The statements made during the meeting will be circulated in an addendum to the present document. 
 
 Subjects discussed 
 
1   ELECTION OF IN TERIM CHAIRPERSON ........................................................................ 3
 
2   NOTIFICATIONS UNDER PROV ISIONS OF THE AGREEMENT ........................................ 3  
3   REVIEWS OF NATIONAL IM PLEMENTING LEGISLATION .............................................. 4  
3.1   Review of the national implem enting legislation of Tajikistan............................................ 4  
3.2   Follow-up to revi ews already und ertaken ...................................................................... 4  
3.3   Arrangements for the review of the nati onal implementing legislation of the Republic 
of Seychelles .................................................................................................................... 5  
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B) ..................................................... 5  
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DI VERSITY .................................................................................................. 5  
6   PROTECTION OF TRADITIONA L KNOWLEDGE AND FOLKLORE ..................................... 5  
7   REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION 
OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND 
PUBLIC HE ALTH ............................................................................................................... 5  
8   NON-VIOLATION AND SITUATION COMPLAINTS ......................................................... 7  
9   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER 
ARTICLE 71.1 .................................................................................................................. . 8 
10   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATION S UNDER ARTI CLE 24.2 ...................................................... 8  
11   THIRTEENTH ANNUAL REVIEW UNDE R PARAGRAPH 2 OF THE DECISION ON 
THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT .............................. 9  
12   TECHNICAL COOPERATION AND CAPACITY-BUILDING .............................................. 9  
13   REQUEST FOR AN EXTENSION OF  THE TRANSITIONAL PERIOD UNDER 
ARTICLE 66.1 FOR LEAST DEVELOPED CO UNTRY MEMBERS WITH RESPECT TO 
PHARMACEUTICAL PRODUCTS AND FOR WAIVERS FROM THE OBLIGATION OF ARTICLES 70.8 AND 70. 9 ............................................................................................... 10
 IP/C/M/80 
 
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  14   INTELLECTUAL PROPERTY AND INNOVATION: ENTREPRENEURIALISM AND 
NEW TECHNOLO GIES ..................................................................................................... 12  
15   INFORMATION ON RELEVANT DEVE LOPMENTS ELSEWHERE IN THE WTO ............... 12  
16   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATI ON ............................................................................................................. 12  
17   ANNUAL REPORT ..................................................................................................... 13  
18   OTHER BU SINESS .................................................................................................... 13  
18.1   Invitations to  ad hoc ob servers ................................................................................. 13 
18.2   Dates for the Council's meetings in 2016 .................................................................... 13 
18.3   Contribution of IP to facilitate the transfer of environmenta lly sound technology .............. 13 
 IP/C/M/80 
 
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1  ELECTION OF INTERIM CHAIRPERSON 
1.1.  The representative of the Secretariat reca lled that the Chairman of the Council for TRIPS, 
Ambassador Al-Otaibi, had informed the Council at its meeting in June 2015 that he was not 
available to chair this meeting. He had also informed the Council that, in informal contacts, 
H.E. Ambassador Alfredo Suescum, who had chaired the Council in 2013, had indicated that he would be available to replace him. Following the past practice and in light of the discussion at the 
Council's informal meeting of 14 October 2015, he proposed that the Council for TRIPS elect its 
former Chair, H.E. Ambassador Alfredo Suescum from Panama, as its interim Chairman for the present meeting on 15-16 October, 2015. 
1.2.  The Council so agreed. 
2  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT 2.1.  The Chairman said that, since its meeting in June 2015, the Council had received a number 
of updates to earlier notifications of laws an d regulations notified under Article 63.2 of the 
Agreement: 
 Mauritius had notified its Copyright Act 2014; 
 
 Australia had notified its Copyright Amendment Act, the Intellectual Property Laws 
Amendment Act 2015, and the Intellect ual Property Legislation Amendment 
Regulation 2015; 
 
 Chinese Taipei had notified its Enforcement Ru les of the Trademark Act and the Regulations 
Governing the Implementation of Filing Trademark Applications and Services by Electronic Means; and 
 
 Saint Vincent and the Grenadines had notified its Copyright Act, Trademarks Act, Patents 
Act, Geographical Indications Act, Industrial De signs Act, Layout Designs Act, as well as the 
Civil Procedure Code and the Criminal Procedure Code. 
 2.2.  These notifications of laws and regulations we re available in the IP/N/1- series of documents, 
and the actual texts of laws in sub-series of documents in electronic form on the Documents Online 
database. 
2.3.  In addition, the laws that had been notified by Tajikistan would be introduced under the item 
on "Reviews of National Implementing Legislation". 
2.4.  No new or updated information had been submitted regarding contact points under Article 69 
for the exchange of information and cooperation on trade in infringing goods since the Council's meeting in June 2015. 
2.5.  He encouraged delegations that had notified a new or revised legislative measure, or a new 
or updated response to the enforcement checklist to briefly inform the Council about the nature of the notified amendment or update. Several delegations had followed this practice at recent sessions of the Council and it had provided valuable insight into the notifications provided and had 
assisted in promoting awareness and transparency. 
2.6.  The representatives of Chinese Taipei and Australia briefly introduced their respective 
legislative measures. 
2.7.  The Chairman recalled that, at the Council's last meeting, the Secretariat had updated 
delegations on its work regarding the development of  a reporting tool that would help transition to 
a full online system. He invited the Secretariat to provide a brief overview on the state of play for 
the Council. 
2.8.  The representative of the Secretariat updated the Council on its work to improve the 
notification system. IP/C/M/80 
 
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  2.9.  The Chairman urged those Members whose initial notifications of laws and regulations 
remained incomplete to submit the outstanding material without delay. Equally, he urged other 
Members to fulfil their obligation under the TRIPS Agreement to notify any subsequent amendments of their laws and regulations without de lay after their entry into force. He especially 
encouraged Members to notify changes made to their laws and/or regulations to implement the 
Decision on TRIPS and public health. Such notifications would assist the Council in its review of the operation of the TRIPS Agreement. He endorsed the Secretariat's encouragement for Members to 
contact them for assistance in making use of the user-friendly notification tools that were under 
development in the context of the eTRIPS project. 
2.10.  The Council took note of the statements made. 
3  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION 
3.1  Review of the national implem enting legislation of Tajikistan 
3.1.  The Chairman recalled that, at its meeting in October 2014, the Council had initiated the 
review of Tajikistan's national implementing legi slation. In February 2014, Tajikistan had notified 
its laws on trademarks and service marks, geograph ical indications, industrial designs, inventions 
and the legal protection of the topologies of inte grated circuits. Tajikistan had also notified its 
responses to the Checklist of Issues on Enforcement in October 2014. Further Tajikistan had 
notified its Law on Copyright and Related Rights, the Law on Trade Secrets, as well as 
Amendments and Additions to its Law on Pharmaceut icals and Pharmaceutical Activities and to its 
Law on the Production and Safe Handling of Pesticides and Agrochemicals, circulated in documents IP/N/1/TJK/2 to 5. 
3.2.  Tajikistan had received an initial set of questions in writing from the United States in 
October 2014, circulated in document IP/C/W/604. Tajikistan's responses to these questions had been circulated in document IP/C/W/606. A further set of follow-up questions by the United States 
to Tajikistan had been made available in docu ment IP/C/W/604/Add.1. Since these questions had 
been submitted just prior to the Council's meeting in June, it had been agreed that the Council revert to the matter at this meeting. 
3.3.  Shortly before this meeting, Tajikistan ha d submitted its responses to the follow-up questions 
posed by the United States (IP/C/W/606/Rev.1). The responses to two questions were outstanding, as they needed further investigation according to the information submitted by Tajikistan. He therefore suggested that the Council revert to the matter at its next meeting. 
3.4.  The representatives of Tajikistan  and the United States took the floor. 
3.5.  The Council took note of the statements made  and agreed to revert to the matter at its next 
meeting. 
3.2  Follow-up to reviews already undertaken 
3.6.  The Chairman recalled that the reviews of two Members' national implementing legislation 
that had been initiated at the Council's meetings since April 2001 remained on the Council's 
agenda, namely those of Fiji; and Saint Kitts and Nevis. As agreed at the Council's meeting in 
February, Chairman Ambassador Al-Otaibi had contacted these Members to enquire when they expect to be in a position to provide the outsta nding materials needed to complete the reviews and 
to offer any Secretariat technical support that they might need. 
3.7.  The representative of Fiji took the floor. 
3.8.  The Council took note of the statement made and agreed to revert to the matter at its next 
meeting. IP/C/M/80 
 
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  3.3  Arrangements for the review of the national implementing legislation of the 
Republic of Seychelles 
3.9.  The Chairman recalled that, as reported at the last meeting in June, the Republic of 
Seychelles had acceded to the WTO on 26 April 2015. It had agreed to apply the provisions of the 
TRIPS Agreement as of that date without recourse to any transitional periods. It had also agreed 
to submit all initial notifications required by any agreement constituting part of the WTO Agreement upon its accession to the WTO. As re quested by the Council at that meeting, the 
Secretariat had contacted the Seychelles concerning the notification procedures. 
3.10.  Given that the Seychelles had not yet made any initial notification of the domestic laws and 
regulations implementing the TRIPS Agreement, he suggested that the Council revert to the arrangements for the review of the Seychelles' implementing legislation at its next meeting in 
March 2016. 
3.11.  The Council so agreed. 
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b) 
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY 
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE 
6.1.  The Chairman recalled that, during the di scussion at the Council's meeting in June, 2015, 
some delegations had reverted to the earlier suggestions that: (i) the CBD Secretariat be invited to 
brief the Council on the Nagoya Protocol adopted in October 2010; and (ii) the WTO Secretariat be requested to update the three factual notes that summarize the points made by delegations in the 
Council's past discussions under these agenda items.  In concluding the discussion at that meeting, 
the Chairman had then noted that the Council had already devoted considerable time to these proposals in virtually each meeting over the last couple of years, and had indicated his readiness 
to facilitate the process with a view to reaching a decision at this meeting that would provide for a 
definitive solution. However, delegations had not provided any new thinking that would allow the Council to make progress regarding these proposals, nor had the Council heard any indication to 
that extent at the informal meeting held on 14 October 2015. 
6.2.  He further recalled that, at the Council's meeting in June, the Chairman had also urged 
Members to provide responses or to update their initial responses to the illustrative list of questions on Article 27.3(b) of the TRIPS Agreement or to notify or report on any relevant 
mechanisms to protect genetic resources and traditional knowledge. No such notifications had 
been received in writing prior to this meeting. 
6.3.  The representatives of Peru, India, Egypt, In donesia, Bangladesh on behalf of the LDC Group, 
Ecuador, Cuba, Colombia, China, South Africa, Nigeria on behalf of the African Group, Brazil, Chile, 
Switzerland, Japan, Canada, the Republic of Korea, Nepal, New Zealand, and the United States 
took the floor. 
6.4.  The Chairman noted the renewed support by  a number of delegations for the proposals that 
the CBD Secretariat be invited to brief the Council on the outcome of the Nagoya Protocol and that 
the three factual notes prepared by the Secretariat be updated. He encouraged delegations to address this matter in bilateral discussions. 
6.5.  The Council took note of the statements made and agreed to revert to the items at its next 
meeting. 
7  REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF 
PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC 
HEALTH 
7.1.  The Chairman recalled that paragraph 8 of the waiver Decision provided that the Council for 
TRIPS shall review annually the functioning of the system set out in the Decision with a view to IP/C/M/80 
 
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  ensuring its effective operation and shall annually report on its operation to the General Council. 
Furthermore, the paragraph provided that this review shall be deemed to fulfil the review 
requirements of Article IX:4 of the WTO Agreement. 
7.2.  He said that the records of the Council's earlier reviews continued to provide a unique and 
valuable resource for understanding this important measure. This included the records of the 
reviews in 2010 and 2011 when the Council had held a more structured debate on the basis of lists of topics for the discussion that had been agreed in advance. These earlier records and lists of 
topics might also inform discussions at the present review. If Members felt that any questions 
posed at earlier reviews regarding the Paragraph 6 System itself or possible alternatives to it were not adequately addressed at those reviews, they sh ould feel free to revert to any such questions. 
7.3.  The Secretariat had prepared a draft cover note for the Council's report modelled on previous 
years' reports (circulated as JOB/IP/13). He suggested that the Council take up the preparation of 
its report to the General Council after it had exhausted its discussion. The cover note of the report contained a list of Members that had notified thei r acceptance of the Protocol Amending the TRIPS 
Agreement (WT/L/641). The following Members ha d deposited their instruments of acceptance 
since the Council's last meeting in June: Moldova on 7 July, Kenya on 21 July, Saint Kitts and Nevis on 27 July, Sri Lanka on 9 September, Lao People's Democratic Republic on 29 September, 
and Iceland on 12 October. 
7.4.  The Chairman further recalled that the Prot ocol had been originally open for acceptance by 
Members until 1 December 2007. Upon proposals by the Council for TRIPS, the General Council 
had four times extended this period for further tw o-year periods. At present, the period ran until 
31 December 2015. The TRIPS amendment would enter into force once two thirds of the 
membership had accepted it. For this to happen, another 21 instruments of acceptance needed to be deposited with the Director-General. He strongly encouraged those Members, especially 
developing country Members, who were yet to complete their domestic procedures to do as soon 
as possible. If needed, the Secretariat could a ssist Members concerned regarding the steps that 
were required in order to accept the Protocol. 
7.5.  The representative of the WTO Secretariat took the floor. 
7.6.  The Chairman noted that the vast majori ty of Members that had already deposited their 
instrument of acceptance had done so before adopting implementing legislation, if at all, which 
was not required by the amendment. 
7.7.  He reported that, at the informal meeting on 14 October 2015, some delegations had 
reiterated the proposal that a workshop open to all stakeholders be jointly organized by the WTO, WHO and WIPO as part of their trilateral cooper ation. While other delegations had indicated their 
readiness, in principle, to consider such a proposal, they had asked for more information regarding 
the issues to be covered by such a workshop. He encouraged the proponents to explore the 
proposal in their direct contacts with other delegations. 
7.8.  The representatives of Canada, India, Australia, Cuba, Chinese Taipei, Egypt, Brazil, 
Indonesia, Thailand, Chile, the European Union, New Zealand, Ecuador, Switzerland, Japan, the 
United States, Bangladesh on behalf of the LDC Group, South Africa, and Uganda took the floor. 
7.9.  The Council took note of the statements made. 
7.10.  Turning to the draft cover note for the Council's report (circulated as JOB/IP/13), the 
Chairman said that, in accordance with the way that the Council had prepared its reports in the 
previous years, the part of the minutes of the meeting that reflected the discussions held under 
this agenda item might be attached to the cover note. He also suggested that the report be 
updated in order to take account of the instruments of acceptance that had been deposited since the circulation of the initial draft report. 
7.11.  He said that the Protocol had originally been open for acceptance by Members until 
1 December 2007. At present, the period ended on 31 December 2015. Given the proximity of this date, the Council might wish to consider again submitting a proposal to the General Council for a decision to extend the period for the acceptance of  the Protocol. For this purpose, a draft decision IP/C/M/80 
 
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  that could be submitted to the General Council for adoption had been included in Annex 2 to the 
draft report. As the draft proposal for a decision by the General Council did not yet contain a new deadline for the extended period for acceptances, he suggested that the Council propose to extend the period by a further two years until 31 December 2017. 
7.12.  In conclusion, the Chairman proposed that the Council agree on forwarding to the 
General Council the proposal for a decision to extend the period of acceptance by Members of the 
Protocol Amending the TRIPS Agreement until 31 De cember 2017. The last paragraph of the draft 
decision by the General Council contained in Annex 2 to the draft report should be complemented 
by inserting this date. He also proposed that the Council agree on the cover note to the report contained in JOB/IP/13, with the update concerni ng the instruments of acceptance that had been 
deposited by Sri Lanka, Lao People's Democratic Republic, and Iceland since the circulation of the 
draft cover note, and also that the Council minutes containing the record of the discussion be 
attached to it. 
7.13.  The Council so agreed. 
8  NON-VIOLATION AND SITUATION COMPLAINTS 8.1.  The Chairman recalled that, at the Ninth Se ssion of the Ministerial Conference, Ministers had 
directed the Council for TRIPS to continue its examination of the scope and modalities for 
complaints of the types provided for under su bparagraphs 1(b) and 1(c) of Article XXIII of 
GATT 1994 and make recommendations to their ne xt Session, which they had decided to hold 
in 2015. It had been agreed that, in the meantime, Members would not initiate such complaints under the TRIPS Agreement. 
8.2.  Members had discussed the matter at the th ree meetings that the Council held in 2014, as 
well as at its meetings in February and June 2015. During this period, the Council had received a communication from the United States on "Non-Violation Complaints under the TRIPS Agreement" 
(IP/C/W/599) and a revision of an earlier communication on "Non-Violation and Situation 
Nullification or Impairment Under the TR IPS Agreement" by a number of Members 
(IP/C/W/385/Rev.1). These documents had served as the basis for an extensive exchange of views 
among Members. Furthermore, since the Council's J une meeting, the delegation of Peru, on behalf 
of the delegations of Argentina, the Plurinational State of Bolivia, Brazil, China, Colombia, Cuba, Ecuador, Egypt, India, Indonesia, Kenya, Mala ysia, Pakistan, the Russian Federation, Sri Lanka 
and the Bolivarian Republic of Venezuela, had submitted a draft decision on non-violation and 
situation complaints for consideration at the forthcoming Ministerial Conference (IP/C/W/607). 
Since then, the delegation of Lesotho, on beha lf of the African Group, had informed the WTO 
Secretariat that the African Group wished to co-sponsor both the communication on "Non-Violation 
and Situation Nullification or Impairment under the TRIPS Agreement" and the draft decision on 
non-violation and situation complaints. The request for co-sponsorship had been circulated in documents IP/C/W/385/Rev.1/Add.1 and IP/C/W/607/Add.1, respectively. 
8.3.  At its meeting in June, the Council had requested the Chairman to hold consultations on this 
matter. He had met with interested delegations an d the coordinators of re gional groups in early 
July and mid-September, and had also discussed the issue individually with numerous delegations. 
At these consultations, delegations had not yet indicated any new developments in their positions. 
Furthermore, at the open-ended informal meeting of the Council held on 14 October 2015, no new 
developments had been reported either. 
8.4.  The representatives of Peru; Brazil; the United States; India; Cuba; Canada; Indonesia; 
Argentina; Colombia; Egypt; Ecuador; China; the Philippines; Thailand; the Russian Federation; 
Nigeria on behalf of the African Group; Banglade sh on behalf of the LDC Group; Chile; Norway; 
Plurinational State of Bolivia; Hong Kong, China; South Africa; the European Union; Chinese 
Taipei; Switzerland; Sri Lanka; the Republic of Korea; New Zealand; the Bolivarian Republic of 
Venezuela; Japan; and Nepal took the floor. 
8.5.  The Chairman suggested that the Council keep  open this agenda item in order to reconvene 
once further work was sufficiently mature with a view to the Council agreeing on a 
recommendation to the Ministerial Conference. IP/C/M/80 
 
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  8.6.  The Council took note of the statements made and so agreed. 
8.7.  At the Council for TRIPS' reconvened formal meeting of 23 November 2015, the Chairman 
proposed that, in light of the informal meeting held earlier that day, that the Council agree to 
recommend that the Tenth Ministerial Conference decide as follows: 
"We take note of the work done by the Council for Trade-Related Aspects of 
Intellectual Property Rights pursuant to our Decision of 7 December 2013 on "TRIPS Non-Violation and Situation Complaints" (WT/L/906), and direct it to continue its 
examination of the scope and modalities for complaints of the types provided for 
under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 and make recommendations to our next Session, which we have decided to hold in 2017. It is agreed that, in the meantime, Members will  not initiate such complaints under the 
TRIPS Agreement." 
8.8.  The Council so agreed. 
8.9.  The Chairman once again thanked all the de legations involved in the consultations for their 
hard work and considerable efforts, as well as those delegations which, although not directly 
involved, had provided support and counsel in the course of the consultation process. He also thanked Ambassador Suescum for his availability to replace his in his absence from Geneva. 
Finally, he expressed his gratitude to the Secretariat, which had worked hard to support this 
process. 
8.10.  The representatives of Peru; the United States; India; Switzerland; Egypt; China; the 
Republic of Korea; Argentina; Ecuador; Japan; the European Union; Colombia; Brazil; Sri Lanka; 
Chinese Taipei; Malaysia; Bangladesh on behalf of the LDC Group; the Russian Federation; Chile; 
South Africa; Hong Kong, China; and Nigeria on behalf of the African Group took the floor. 
8.11.  The Council took note of the statements made. 
9  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1 9.1.  No statements were made by Members under this agenda item. 9.2.  The Council agreed to revert to the matter at its next meeting. 
10  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2 
10.1.  The Chairman recalled that Article 24.2 provides that the Council shall keep under review 
the application of the provisions of the GI Sectio n of the Agreement. The principal tool used to 
coordinate the review process had been a Checkl ist of Questions contained in document IP/C/13 
and Add.1, which a number of Members had submitted, but many had so far not completed. Currently, only 49 Members out of 161 had undertake n this valuable exercise, and a number of 
past responses were likely to be out of date, since they dated back over a decade. 
10.2.  He said that the question of GI protection remained of continuing interest and a point of 
discussion, and was apparently an active area of legal and policy development in some countries. 
He invited those delegations that had not yet prov ided responses to the Checklist of Questions to 
consider doing so. He also encouraged those Members that had already provided responses to provide updates to the extent there had been an y significant changes to the way they protected 
GIs. In line with the Council's recommendation made in March 2010, he encouraged Members that 
were party to bilateral agreements related to the protection of GIs and had not yet shared any 
related information with the Council to do so. 
10.3.  No statements were made by Members under this agenda item. 
10.4.  The Council agreed to revert to the matter at its next meeting. IP/C/M/80 
 
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  11  THIRTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE 
IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT 
11.1.  The Chairman recalled that, at its meeting in February 2003, the Council had adopted a 
decision on the "Implementation of Article 66. 2 of the TRIPS Agreement". Paragraph 1 of the 
Decision provided that developed country Members shall submit annually reports on actions taken 
or planned in pursuance of their commitments und er Article 66.2. To this end, they were to 
provide new detailed reports every third year and,  in the intervening years, provide updates to 
their most recent reports. These reports were to be submitted prior to the last Council meeting 
scheduled for the year in question. 
11.2.  The fourth set of detailed annual reports under the Decision had been presented to the 
Council's meeting in November 2012 and updates had been provided in 2013 and 2014. At its last 
meeting in June, the Council had requested developed country Members to submit the fifth set of 
detailed annual reports for the present meeting. The Secretariat had issued on 19 June 2015 an 
airgram (WTO/AIR/IP/3) to remind develo ped country Members of this request. 
11.3.  To date, the Council had received the fifth set of detailed annual reports from the following 
developed country Members: Japan, New Zealand, Canada, Switzerland, Australia, the United States, and Norway (IP/C/W/611 and addenda). The report submitted by the European Union and 
individual member States, namely Austria, Denmar k, Estonia, Finland, France, Ireland, Spain, 
Sweden and the United Kingdom, had been made available as a room document on documents online and would also be circulated as an addendum to document IP/C/W/611. 
11.4.  As regards the purpose and conduct of the revi ew of this information, it should be recalled 
that paragraph 2 of the Decision on the Implem entation of Article 66.2 of the TRIPS Agreement 
explained that the annual review meetings shall provide Members with an opportunity to pose 
questions in relation to the information submitted and request additional information; discuss the 
effectiveness of the incentives provided in promoting and encouraging technology transfer to least 
developed country Members in order to enable them to create a sound and viable technological base; and consider any points relating to the operation of the reporting procedure established by 
the Decision. Since some of the information had been received only very recently, and most of it 
was available only in its original language, the Chairman proposed that an opportunity be provided 
at the Council's next meeting for Members to make further comments on the information submitted for this meeting and also to comment on any additional information that might yet be 
provided before that meeting. 
11.5.  He informed that, for the eighth year in a row, the WTO Secretariat would be organizing, at 
the request by LDC Members, a workshop on tr ansfer of technology under Article 66.2 on 
19 October 2015. It would bring together LDC and developed country experts to discuss this 
matter at a very practical level, building on the ear lier workshops. He noted that in order to record 
the questions posed to reporting developed count ry Members on the occasion of the previous 
Workshop held on 27 October 2014, a compilation  of these questions had been circulated to 
delegations by the WTO Secretariat on 6 July 2015. 
11.6.  The representatives of the European Union and New Zealand took the floor. 
11.7.  The Council took note of the statements made and agreed to provide an opportunity for 
Members to make further comments on the information submitted at its next meeting. 12  TECHNICAL COOPERATION AND CAPACITY-BUILDING 12.1.  The Chairman recalled that, at its meeting in June 2015, the Council had agreed to hold its 
annual review of technical cooperation at this meeting. He suggested that Members also discuss 
any other issues relating to this agenda item. 
12.2.  In preparation for the annual review, de veloped country Members had been once more 
requested to update information on their technical and financial cooperation activities relevant to 
the implementation of the TRIPS Agreement in time for this meeting. Other Members who also made available technical cooperation had been enco uraged to share information on these activities 
if they so wished. The Secretariat had issu ed on 19 June 2015 an airgram (WTO/AIR/IP/4) IP/C/M/80 
 
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  reminding Members of this request. In addition, intergovernmental organizations observers to the 
Council as well as the WTO Secretariat ha d been invited to provide information. 
12.3.  To date, the Council had received information from the following developed country 
Members: Japan, New Zealand, Canada, Switzerl and, Australia, the United States, and Norway 
(IP/C/W/610 and addenda). The report submitted by the European Union and individual member 
States, namely Austria, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, the Netherlands, Portugal, Sp ain, Sweden and the United Kingdom, had been 
made available as a room document on documents online and would  also be circulated as an 
addendum to document IP/C/W/610. 
12.4.  The Council had received updated inform ation from the following intergovernmental 
organizations: FAO, GCC, OECD, WCO, UNCT AD, WHO, UPOV, and WIPO (IP/C/W/609 and 
addenda). Updated information on the WTO Secretariat's own technical cooperation activities in 
the TRIPS area was circulated in document IP/C/W/608. 
12.5.  He said that these reports provided very valuable information both as regards details of 
specific activities, but also the broader policy considerations that were guiding capacity building 
activities of individual Members and Observers. Nevertheless, much of this resource remained 
largely untapped which might also be due to the amount of information provided and the way in 
which this was done. In order to promote awareness and transparency, the Secretariat had 
repeatedly suggested that the information about spec ific activities be reported in table format. It 
had also provided regular updates with respect to it s work aimed at identifying ways of facilitating 
the submission, processing and circulation of information on technical assistance. 
12.6.  The representatives of the European Union,  Australia, New Zealand, and Ecuador took the 
floor. 
12.7.  The representative of the WTO Secretariat took the floor. 
12.8.  The representatives of the GCC, UNCTAD, WHO and WIPO took the floor. 
12.9.  The Chairman noted that some of the inform ation had been received only very recently, and 
most of it was available only in its original language, and therefore proposed to provide Members 
an opportunity at the next meeting to make further comments on the information submitted for 
this meeting. 
12.10.  The Council took note of the statements made and agreed to revert to the matter at its 
next meeting. 
13  REQUEST FOR AN EXTENSION OF THE TR ANSITIONAL PERIOD UNDER ARTICLE 66.1 
FOR LEAST DEVELOPED COUNTRY MEMBERS WITH RESPECT TO PHARMACEUTICAL 
PRODUCTS AND FOR WAIVERS FROM THE OBLIGATION OF ARTICLES 70.8 AND 70.9 
13.1.  The Chairman noted that key delegations continued to be constructively engaged in informal 
consultations at Ambassadorial level. More time was needed in order to reach an agreement. He 
therefore proposed that the Council keep open this  agenda item in order to reconvene once further 
work was sufficiently mature with a vi ew to the Council taking a decision. 
13.2.  The Council so agreed. 
13.3.  At the Council for TRIPS' reconvened fo rmal meeting of 6 November 2015, the Chairman 
recalled that the item had been put on the agenda  at the written request of the delegation of 
Bangladesh on behalf of the LDC Group. The request was also the object of a communication from 
Bangladesh on behalf of the LDC Group (document IP/C/W/605). It had initially been introduced under "Other business" at the Council's February meeting. A first substantive discussion had taken 
place at the Council's meeting in June 2015 when the Council had requested the Chair to consult 
on this matter before this meeting. Since th en, he had convened three informal small group 
meetings in early July, in mid-September, and on 1 October. Also, in his absence from Geneva last 
month, the interim Chairman, Ambassador Suescum from Panama, had convened another informal 
small group meeting on 12 October and had been actively in touch with interested delegations. He IP/C/M/80 
 
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  had also held an informal open-ended meetin g of the Council for TRIPS on 14 October 2015 to 
inform all delegations about the state of play of the discussions and thus to ensure transparency. 
13.4.  At the Council's formal meeting held on 15-16 October, the Chairman had reported that 
interested delegations were working constructively together with a view to reaching an agreement. 
He had noted that important meetings were being held at Ambassadorial level between key 
delegations. He had also noted that more time wa s needed to allow them to reach an agreement. 
The Council had then agreed to the Chairman's pr oposal that the discussion under this item be 
suspended and that the meeting be reconvened once sufficient progress had been made for the 
Council to take a decision. 
13.5.  Since then, key delegations had informally agreed on textual proposals for a draft decision 
to extend the transition period for LDCs and for a recommendation of a draft waiver decision to be 
adopted by the General Council. Advance copies  of these texts had been faxed by the WTO 
Secretariat to all Members on 2 November 2015, toge ther with the invitation for this meeting. The 
proposals had also been circulated in documents JOB/IP/15 and JOB/IP/16. 
13.6.  The Chairman then outlined the essential elements of what key delegations were proposing: 
 the draft decision on the extension of the tran sition period under Article 66.1 of the TRIPS 
Agreement for least developed country Members for certain obligations with respect to 
pharmaceutical products (JOB/IP/15). This decision, proposed to be adopted by the Council, 
would provide for an extension of the transiti on period for least developed country Members 
until 1 January 2033 or until such a date on which they cease to be a least developed country Member, whichever date is earlier. During this period, Members concerned would 
not be obliged to implement or apply the sect ions of the TRIPS Agreement regarding patents 
and the protection of undisclosed information,  nor to enforce rights provided under these 
sections, insofar as pharmaceutical products are concerned; and 
 
 the draft recommendation regarding a decision to waive the obligations under Articles 70.8 
and 70.9 of the TRIPS Agreement (JOB/IP/16). This recommendation for a decision to be 
adopted by the General Council would exempt least developed country Members from the 
otherwise applicable obligations under paragraphs 8 and 9 of Article 70 of the TRIPS Agreement, also until 1 January 2033, or until su ch a date on which they cease to be a least 
developed country Member, whichever date is ea rlier. Members concerned would thus not be 
obliged to make available mailbox applications and exclusive marketing rights during the 
transition period. 
 
13.7.  He said that both the draft decision and the draft recommendation had been discussed at an 
informal meeting of the Council earlier that day. In light of those discussions, he suggested that 
the Council adopt the decision to extend the tran sition period for LDCs (document JOB/IP/15), and 
the recommendation to the General Council to adopt the waiver decisions regarding Articles 70.8 
and 70.9 of the TRIPS Agreement (document JOB/IP/16). 
13.8.  The Council so agreed. 
13.9.  The Chairman thanked all the delegations in volved in the consultations for their hard work 
and considerable efforts, as well as those delegations which, although not directly involved, had 
provided support and counsel in the course of the consultation process. He extended his particular thanks to Ambassador Suescum for his availability to replace him in his absence from Geneva and, 
in particular for his significant contribution to this process. He also expressed his gratitude to the 
Secretariat, which at all times had been working alongside the process. 
13.10.  The representatives of Bangladesh on beha lf of the LDC Group, the United States, Uganda, 
Tanzania, Lesotho, Nepal, Myanmar, Barbados on be half of the ACP Group, Haiti, India, European 
Union, China, Chinese Taipei, Japan, Switzerland, Canada, Norway, Australia, Brazil, South Africa, 
Holy See, Chile, New Zealand, Tu rkey, and Pakistan took the floor. 
13.11.  The Council took note of the statements made. IP/C/M/80 
 
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  14  INTELLECTUAL PROPERTY AND INNOVA TION: ENTREPRENEURIALISM AND NEW 
TECHNOLOGIES 
14.1.  The Chairman informed that the item on "IP and Innovation: Entrepreneurialism and New 
Technologies" had been co-sponsored by the de legations of Australia, the European Union, 
Singapore, Chinese Taipei, and the United States. 
14.2.  The representatives of the European Union; Australia; Chinese Taipei; Singapore; the 
United States; Canada; Hong Kong, China; India; Japan; Switzerland; the Republic of Korea; New 
Zealand; and Brazil took the floor. 
14.3.  The Council took note of the statements made. 
15  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO 15.1.  The Chairman informed that the General Council had adopted a decision on 27 July 2015 by 
which it had approved the accession to the WTO of the Republic of Kazakhstan. The Protocol was 
now open for acceptance by the Republic  of Kazakhstan until 31 October 2015. 
15.2.  According to the Working Party Report, th e Republic of Kazakhstan had committed to apply 
fully the TRIPS Agreement from the date of its accession to the WTO without recourse to any 
transitional period. 
15.3.  The Council took note of the information provided. 
16  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATION 16.1.  The Chairman informed that there remained 13 pending requests for observer status in the 
Council for TRIPS by other intergovernmental organizations. The updated list was contained in 
document IP/C/W/52/Rev.13. In response to a request by the Council in June 2011, four of them 
had updated the information they had provided earlier, including on the nature of their work and 
the reasons for their interest in being accorded observer status. These IGOs were the Conference 
of West and Central African Ministers of Agricult ure (CMA/AOC), the International Organization of 
Vine and Wine (OIV), the South Centre, and the United Nations Environment Programme (UNEP). 
Furthermore, the CBD Secretariat had informed the Secretariat that it felt that no update was 
necessary since it had already renewed its request as recently as 24 November 2010 by means of 
a letter addressed to the WTO Director-General. Th is information was available on the Members' 
website. 
16.2.  He also recalled the discussion under "Other Business" at the Council's meeting in June 
when the Council had agreed to invite to this meeting the African Regional Intellectual Property 
Organization, the African Intellectual Property Organization, the Cooperation Council of the Arab 
States of the Gulf, and the European Free Trade Association, which enjoyed an ad hoc observer status on a meeting-to-meeting basis. In that context, the delegation of the United States had said 
that it could agree to grant permanent observer st atus to these four organizations. This had been 
supported by Nigeria on behalf of the African Group. Since the Council could not take a decision under "Other Business", it had agreed to revert to this matter at this meeting under the agenda 
item on "Observer Status". 
16.3.  He reported that, at the informal meetin g, delegations had supported the proposal that 
ARIPO, OAPI, the GCC and EFTA be granted permanent observer status. 
16.4.  The representatives of India, Ecuador, In donesia, Egypt, Tanzania, the United States, the 
Bolivarian Republic of Venezuela, Brazil, Nepal, an d Nigeria on behalf of the African Group took the 
floor. 
16.5.  The Chairman suggested that the matter be  left to direct contacts between interested 
Members. 
16.6.  The Council took note of the statements made and agreed to revert to the matter at its next 
meeting. IP/C/M/80 
 
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  17  ANNUAL REPORT 
17.1.  The Chairman noted that the draft Annual Re port of the Council (JOB/IP/14) needed to be 
updated to reflect the discussions at the presen t meeting. He suggested that the updated draft 
report be faxed to Members, who would have one week to comment on the updated parts of the 
draft report once it had been circulated by the Secretariat. 
17.2.  The Council so agreed. 
18  OTHER BUSINESS 
18.1  Invitations to ad hoc observers 
18.1.  The Chairman recalled that, at its meetings in June 2010 and November 2012, the Council 
had agreed to grant ad hoc observer status on a meeting-to-meeting basis to the African Regional 
Intellectual Property Organization, the African Intellectual Property Organization, the Cooperation 
Council of the Arab States of the Gulf, and the Eu ropean Free Trade Association. He proposed that 
the Council again invite ARIPO, OAPI, GCC and EFTA to attend its next formal meeting on an ad hoc basis. 
18.2.  The Council so agreed. 
18.2  Dates for the Council's meetings in 2016 
18.3.  The Chairman informed Members that the Secretariat had reserved the following dates for 
meetings of the Council in 2016: 1-2 March, 7-8 June, and 8-9 November. 18.4.  The Council agreed on the dates. 
18.3  Contribution of IP to facilitate the tr ansfer of environmentally sound technology 
18.5.  The Chairman noted that the delegation of  Ecuador had asked the Secretariat that it be 
given an opportunity, under the agenda item on "Other Business", to update the Council on the 
steps taken regarding its earlier contribution on the "Contribution of IP to facilitate the transfer of environmentally sound technology". 
18.6.  The representative of Ecuador took the floor. 
18.7.  The Council took note of the statement made. 
 
 
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