RESTRICTED  
  
IP/C/M/88  
 
2 March  2018 
(18-1358) Page: 1/6 
Council for Trade -Related Aspects of  
Intellectual Property Rights  
  
 
MINUTES OF MEETING  
HELD IN THE CENTRE W ILLIAM RAPPARD ON 27 FEBRUARY  2018 
Chairperson: Ms Irene Young  (Hong Kong, China ) 
This document contains the record of the meeting of the Council for TRIPS , which was  held on 
27 February 2018 . The statements made during the meeting will be circulated in an addendum to 
the present document.  
Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF  THE AGREEMENT  ................................ ........  2 
2   REVIEWS OF NATIONAL IMPLEMENTING LEGISLA TION  ................................ ..............  3 
3   REVIEW OF THE PROVIS IONS OF ARTICLE 27.3 (B) ................................ .....................  3 
4   RELATIONSHIP BETWEEN  THE TRIPS AGREEMENT AND THE CONVENTION O N 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ .. 3 
5   PROTECTION OF TRAD ITIONAL KNOWLEDGE AN D FOLKLORE  ................................ ..... 3 
6   NON-VIOLATION AND SITUAT ION COMPLAINTS  ................................ .........................  3 
7   REVIEW OF THE IMPLEM ENTATION OF THE TRIP S AGREEMENT UNDER 
ARTICLE 71.1  ................................ ................................ ................................ ...................  4 
8   REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 ................................ ......................  4 
9   FOLLOW -UP TO THE FIFTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF 
THE DECISION ON THE  IMPLEMENTATION OF AR TICLE 66.2 OF THE TR IPS 
AGREEMENT  ................................ ................................ ................................ .....................  4 
10   TECHNICAL COOPERATIO N AND CAPACITY BUILD ING ................................ ..............  4 
11   INTELLECTUAL PROPERT Y AND INNOVATION: SUMMARY OF THE 2017 
THEME ON INCLUSIVE I NNOVATION AND MICRO,  SMALL AND MEDIUM -SIZED 
ENTERPRISES (MSMES):  COLLABORATION, GROWT H AND TRADE; AND 201 8 IP 
AND INNOVATION THEME : THE SOCIETAL VALUE  OF IP IN THE NEW ECO NOMY  ..............  5 
12   INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST: REGULATORY 
REVIEW EXEPTION ................................ ................................ ................................ ...........  5 
13   INFORMATION ON RELEV ANT DEVELOPMENTS ELS EWHERE IN THE WTO  .................  5 
14   OBSERVER STATUS FOR INTERNATIONAL INTERG OVERNMENTAL 
ORGANIZATIONS  ................................ ................................ ................................ .............  5 
15   OTHER BUSINESS  ................................ ................................ ................................ ...... 6 
16   ELECTION OF CHAIRPER SON ................................ ................................ .....................  6 IP/C/M/8 8 
 
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  1  NOTIFICATIONS UNDER PROVISIONS  OF THE AGREEMENT  
1.  The Chair person  invited the Secretariat to report on notifications that the Council had received 
since its meeting in October  2017.  
2.  The representative of the Secretariat  said that  the Council had received the following 
notifications under Article 63.2 of the TRIPS Agreement:  
a. Norway had  submitted its consolidated Patent Act ( IP/N/1/NOR/P/10 ); 
 
b. Finland had updated  and completed its earlier notifications of legislation pertaining to t he 
implementation of the TRIPS Agreement in the following areas: copyright and related 
rights, trademarks, geographical indications, industrial designs, layout -designs of 
integrated circuits, patents, utility models and plant varieties, as well as the prot ection of 
undisclosed information, measures to prevent the abuse of IPRs and enforcement -related 
legislation  (to be circulated in the IP/N/1/FIN/ * document series );  
 
c. Ukraine had notified two r esolutions : one approving the procedure for granting permission  
to use the patented invention (utility model) concerning medi cines;  and the second 
amending certain acts related to intellectual property  (IP/N/1/UKR/P/3 and 4 , 
respectively );  
 
d. The Kyrgyz Republic had notified  a comprehensive set of legislative measures amend ing 
and supplement ing legislation  in various field, including  copyright and related rights, 
trademarks, geographical indications, patents, integrated circuit topologies and traditional 
knowledge, as well as criminal procedures  (to be circulated in the  IP/N/1/KGZ/* document 
series ); and  
 
e. Australia had  notified its consolidated Copyright Regulations 2017 and its Copyright 
Amendment (Disability Acce ss and Other Measures) Act 2017  (IP/N/1/AUS/C/19 and 
IP/N/1/AUS/C/20 ), as well as amendments to a number of  legislative measures in the field 
of industrial property  (IP/N/1/AUS/I/22, IP/N/1/AUS/O/7 and IP/N/1/AUS/O/8 ). 
 
3.  In addition, Mauritius had  notified its initial responses to the Checklist of Issue s on Enforcement 
(IP/N/6/MUS/1 ) and Finland had  updated its responses to the Checklist ( IP/N/6/FIN/2 ).  
4.  Finland and the Kyrgyz Republic  had updated information regarding their respective contact 
points under Article 69 for the exchange of information and cooperation on trade in infringing 
goods  (IP/N/3/FIN/1 and IP /N/3/KGZ/2 ). The information on the Member s' transparency toolkit 
page had  been updated accordingly . 
5.  As part of information that was also relevant to agenda item 10 on technical cooperation, 
Macao, China ha d notified an updated contact point for technical cooperation on TRIPS 
(IP/N/7/MAC/2).  
6.  The Chairperson  invited delegations that had notified a new or revised legislative measure, or 
given responses or updates to the enforcement checklist, to briefly introduce the changes.  
7.  The representatives of the European Union , Norway , Australia , Mauritius,  and Ukraine  took the 
floor. 
8.  The Chairperson  invited the Secretariat to provide an update on the development of e -TRIPS,  
an online platform for filing and consulting notifications  and other Council documentation . 
9.  The representative of the Secretariat  briefed Members on the development of e -TRIPS1.  
10.  The Chairperson  said that the e-TRIPS platform was a useful tool. Members should make good 
use of it and keep their notifications  up to date , as required by Artic le 63.2 of the 
TRIPS  Agreement. She encouraged the timely submission of responses to the Checklist of Issues 
                                                
1 An informal demonstration o f e-TRIPS took place after the meeting.  IP/C/M/8 8 
 
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  on Enforcement, which had been established by the Council as an element of Members' ongoing 
notification obligations.  
11.  The Council took note  of the not ifications and the statements made.  
2  REVIEW S OF NATIONAL IMPLEMEN TING LEGISLATION  
12.  The Chairperson  recalled that the Council had completed the reviews laws of all developed 
and developing country Members  had been completed , including newly acceded ones. Given the 
Council's ongoing monitoring functions as envisaged in Article 68 of the TRIPS Agreement , 
Members should feel free to revert to any matter stemming from these reviews, or to pr opose 
further reviews in future. She encouraged delegations to reflect on how to make the best use of 
this agenda item.  
13.  The Council took note  of the information provided . 
3  REVIEW OF THE PROVIS IONS OF ARTICLE 27.3 (B) 
4  RELATIONSHIP BETWEEN  THE TRIPS AGREEMENT AND THE CONVENTION O N 
BIOLOGICAL DIVERSITY  
5  PROTECTION OF TRADIT IONAL KNOWLEDGE AND FOLKLO RE 
14.  The Chairperson  said that, as she had already noted during  the previous two meetings, 
Members had seen important developments in this area over the last decade , but had not shared 
those developments  with the TRIPS  Council. Particular ly, there had  been no response s or updates , 
since 2003, to the Illustrative List of Questions on Article 27.3(b) (IP/C/W/122), and only 25 
Members ha d responded at all. Likewise, there ha d been no notification s of domestic mechanisms 
to protect genetic res ources and traditional knowledge. She encourage d Members  to submit 
responses to this Checklist or update their previous responses; as well as notify any relevant 
changes in their legislation.  
15.  The representatives of Ecuador ; India; Brazil ; China ; the Plurinational State of Bolivia ; 
South  Africa ; Canada ; Bangladesh ; Cuba; Chile; Indonesia ; Haiti, on behalf of the LDC Group ; 
the United States ; Japan ; Switzerland ; and Australia  took the floor.  
16.  The Chairperson  encouraged Members to have further discussions  to resolve the outstanding 
procedural issues .  
17.  The C ouncil took note of the statements made and agree d to revert to the matters at its next 
meeting.  
6  NON-VIOLATION AND SITUAT ION COMPLAINTS  
18.  The Chairperson  recall ed that,  although the Council had not been able to agree on a 
recommendation on this matter, Ministers at the Eleventh Ministerial Conference ( MC11 ) had 
decided that the Council should 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 the ir next Session to be held in 2019. It had also been 
agreed that, in the meantime, Members would not initiate such complaints under the TRIPS 
Agreement. Th e decision of the Ministerial Conference ha d been circulated in document 
WT/L/1033.  
19.  With this renewed instruction, she invited Members to share their views  on how the Council 
should examine the scope and modalities for non-violation and situation (NVS) complaints.  It 
appeared to her that r epetition of  the well-known arguments o n whether or not such complaints 
should apply to TRIPS  at all would not assist the Council in formulating  the concrete 
recommendations that Ministers  had asked for.  She, ther efore, welcome d any suggestions on how 
to break the impasse.  IP/C/M/8 8 
 
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  20.  The representatives  of India; South Africa ; China ; Brazil ; the Plurinational State of Bolivia ; 
the United States ; Argentina ; Haiti,  on behalf of the LDC  Group ; Switzerland ; Japan ; Ecuador ; 
and Canada  took the floor.  
21.  The C ouncil took note  of the statements made and agreed  to revert to the matter  at its next 
meeting.  
7  REVIEW OF THE IMPLEM ENTATION OF THE TRIP S AGREEMENT UNDER AR TICLE 71.1  
22.  No statements were made by Members under this agenda item.  
23.  The Council agree d to revert to the matter at its next meeting.  
8  REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 
24.  The Chairperson  said Article 24.2 of the TRIPS Agreement required the Council to keep under 
review the application of the TRIPS provisions on geogra phical indications  ("GIs") . The principal  
tool for the review was  the Checklist of Questio ns (document IP/C/13 and IP/C/13/ Add.1). At the 
last meeting, Switzerland had  provided useful updates (IP/C/W/117/Add.13/Rev.1 ). Montenegro 
had just submitted its responses to the Checklist and intended to introduce the m at the Council's 
next meeting in June.  
25.  The Chairperson  thanked Switzerland and Montenegro  for their input s. She noted that , so far , 
less than 50 Members had responded to the  Checklist. She encourage d delegations  to submit their 
responses to the Checklist or update  their earlier responses to reflect important developments. 
She also invited Members to share information on bilateral agreements  related to the  protection of 
GIs they were  party to. Such information could greatly facilitate the conduct of th e review . 
26.  The Council  took note  of the information provided and  agreed  to revert to the matter at its 
next meeting.  
9  FOLLOW -UP TO THE FIFTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE 
DECISION ON THE  IMPLEMENTATION OF AR TICLE 66.2 OF THE TR IPS AGREEMENT  
27.  The Chairperson  recalled that the Council had held its annual review of developed c ountry 
Members' reports on the  implementation of Article 66.2  in October 2017. At that meeting, she had 
indicated that delegations would be provided an opportunity at the present meeting to make 
further comments on the information submitted for that meeting that they had not yet been able 
to study.  
28.  Since then , Cambo dia, on behalf of the LDC Group , had submitted a  "Proposal on the 
Implementation  of Article 66 of the TRIPS  Agreement" (IP/C/W/640) . 
29.  The representatives  of Haiti,  on behalf of the LDC Group ; Bangladesh ; the United States ; 
Japan ; Switzerland ; the European U nion; Australia ; Benin ; Brazil ; and India took the floor.  
30.  The Council took note  of the statement s made.  
10  TECHNICAL COOPERATIO N AND CAPACITY BUILD ING 
31.  The Chairperson  recalled that , at its meeting in  October 2017 , the Council  had held its annual 
review of technical cooperation. As some information had been made available only shortly before 
that meeting , delegations would have a further opportunity to comment at the present meeting. 
Since then, t he Council had received a report on technical cooperation from one more 
intergovernmental organization, namely the International Union for the Protection of New Varieties 
of Plants (UPOV)  (IP/C/W/633/Add.8 ). 
32.  The Council took note  of the information provided . IP/C/M/8 8 
 
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  11  INTELLECTUAL PROPERT Y AND INNOVAT ION: SUMMARY OF THE 2017 THEME ON 
INCLUSIVE INNOVATION  AND MICRO, SMALL AND  MEDIUM -SIZED ENTERPRISES 
(MSMES): COLLABORATI ON, GROWTH AND TRADE ; AND 2018 IP AND IN NOVATION 
THEME: THE SOCIETAL VALUE OF IP IN THE N EW ECONOMY  
33.  The Chair person  said that this item  had been put on the agenda at the request of Australia; 
the European Union; Japan; Switzerland; the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu; and the United States. It  covered two aspects  of the broader topic of IP and 
innovation . The first sub -topic was "Inclusive Innovation and MSME Trade" , a topic that the Council 
had discussed at its meetings in 2017. A relevant communication had been received from 
Australia; Canada;  the European Union; Japan; Singapore; Switzerland; the Separat e Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu; and the United States  (IP/C/W/638) . The second 
sub-topic was "The Societal Value  of IP in the New Economy", which was the theme on which the 
cosponsors wished to focus in 2018. A relevant communicati on had been received from Australia; 
the European Union; Japan; Switzerland; the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu; and the United States ( IP/C/W/641 ). 
34.  The representatives of  Japan , the European Union , the United States , Switze rland, Norway , 
Chinese Taipei , Colombia , El Salvador , Australia , Brazil , Canada , India, Israel , and South Africa  
took the floor.  
35.  The Council took note of the statements made.  
12  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST: REGULATORY REVIEW 
EXEPTION  
36.  The Chairperson  said that this item had been put on the agenda at the request of the 
Plurinational State of Bolivia,  Brazil, Chile and South Africa . A relevant communication from the co -
sponsors had been circulated in document IP/C/W/639 . 
37.  The representative s of Brazil , South Africa , El Salvador , Costa Rica , Chile, Singapore , Canada , 
China , Australia , Argentina , India, Indonesia , Switzerland , the United States , Chinese  Taipei , 
Japan , and the European Union  took the floor.  
38.  The Council took note  of the statements made.  
13  INFORMATION ON RELEV ANT DEVELOPMENTS ELS EWHERE IN THE WTO  
39.  The Chairperson  said t hat, on 30 November  2017, the General Council had decided to extend 
the period for acceptance of the Protocol Amending the TRIPS Agreement until 31 December 2019  
(WT/L/1024 ). Since October 2017, another six Members ha d deposited their instruments of 
acceptance : Congo (31 October  2017), Madagascar (9 November  2017), Gabon (23 November  
2017), the Plurinational State of Bolivia (30 January  2018), the Kyr gyz Republic (6 February  
2018), and Guinea (15 February  2018). So far , 124 Members ha d accepted the TRIPS 
Amendment.  She encourage d the remaining 40 Members to expedite action.  
40.  The Chairperson  invited  the Secretariat to provide an update on  IP-related issu es that had 
been considered in the context of individua l Members' trade policy reviews .  
41.  The representative of the  Secretariat  took the floor . 
42.  The Council took note of the statement made.  
14  OBSERVER STATUS FOR INTERNATIONAL INTERG OVERNMENTAL ORGANI ZATIONS  
43.  The Chair person  said that there were 13 pending requests by intergovernmental organizations 
for observer status in the Council  for TRIPS .2 She recalled that, at its meeting i n October 2017, the 
Council had agreed to grant permanent observer status to the African Regional Intellectual 
                                                
2 An up -to-date list can be found in document IP/C/W/52/Rev.13. Information provided by the 
13 intergovernmental organizations and by the GCC and EFTA is available on the Members' website.  IP/C/M/8 8 
 
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  Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI).  
Regarding the pending requests, s he encouraged Members to resolve their outstanding 
differences.  
44.  The representatives of  ARIPO , India, the United States , and China  took the floor.  
45.  The Council took note  of the statements made  and agreed  to revert to the matter at its next 
meeting.  
46.  The Chairperson  recalled that, at its meeting in November 2012, the Council had agreed to 
grant ad hoc  obser ver status on a meeting -to-meeting basis to the Cooperation Council  of the Arab 
States of the Gulf  (GCC)  and the European Free Trade Association (EFTA) . Since then, th e 
invitations have been renewed at each meeting. She suggested that  the GCC and EFTA be invited 
to attend the Council's next formal meeting on an ad hoc  basis.  
47.  The Council  so agreed .  
15  OTHER BUSINESS  
48.  No delegation raised any matter under this item.  
16  ELECTION OF CHAIRPER SON 
49.  The Chairperson  said that,  the Council's rules of procedure provide d that "[t]he election shall 
take place at the first meeting of the year and shall take effect at the end of the meeting", and 
that "[t]he Chairperson […] shall hold office until the end of the first meeting of the following 
year".3  
50.  The General Council's m eeting , whe n the slate of chairpersons for WTO bodies would be 
agreed, was scheduled to take place on  7-8 March  2018. Thus, the  TRIPS Council would  not be in 
a position  to elect its Chairperson  before then . In order to  avoid having an additional meeting ju st 
for the purpose of forma lizing the election of the new Chairperson, she  suggest ed that the Council 
follows its e arlier practice : (i) the TRIPS Council would formally elect its new Chairperson at the 
beginning of its meeting in June; and (ii) as soon as the General Council had agreed on the slate of 
chairpersons, the TRIPS Council Chair -designate would take up her or his role and hold 
consultations in preparation of the Council's June meeting, pending h er or his formal election at 
that meeting.  
51.  The Council so agree d. 
52.  The Chairperson  thanked delegations for their support, cooperation, advice, initiatives and 
contributions over the past year. Together, the Council had successfully resolved the l ong-standing 
differences regarding the observer status  of two African intergovernmental organisations; more 
Members  had accepted the Protocol Amending the TRIPS Agreement; the annual reviews had been 
completed; and some issues had been followed  up with serious discussions.  
53.  There were other aspects of the Coun cil's work that could have seen further progress , and she 
trusted that they would  be vigorously pursued. Meanwhile, she felt very much encouraged by 
Members' enthu siasm in bringing in new topics  for sharing of experiences and debate. She hoped 
that these g ood efforts would continue. There had been many interesting developments in the IP 
field relevant to the WTO , and t here was  so much expertise to share among st colleagues in 
Geneva and in capital s. If Members were willing , a lot of productive  work could be done in the 
TRIPS Council . 
54.  Her personal service to the Council concluded  with t he present meeting. However,  the Council 
would  continue to serve Members'  interests. She hoped that Members would not lose sight of the 
Council's potential, and w ould work together to strengthen this important pillar of the multilateral 
trading system.  
__________  
                                                
3 Rule 12 of the Rules of Procedure for Meetings of the Council for TRIPS (IP/C/1 ).