IP/C/W/613  
 
27 May 2016  
(16-2890)  Page: 1/2  
Council for Trade-Related Aspects of  
Intellectual Property Rights  Original: English/French  
 
 WORK PROGRAMME ON ELECTRONIC COMMERCE 
 
COMMUNICATION FROM CANADA 
 
The following communication, dated 26 May 2016, is  being circulated at the request of the 
delegation of Canada.  
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 1. The Declaration on Global Electronic Commerce (WT/MIN(98)/DEC/2), adopted by Ministers at 
the second session of the Ministerial Conference  on 20 May 1998, urged the General Council to 
establish a comprehensive work programme to address all trade-related issues relating to global electronic commerce (or "e-commerce"). 
2. On 25 September 1998, the General Council established a Work Programme on Electronic 
Commerce to be carried out by relevant WTO bodies, including the Council for TRIPS. Article 4.1 of the Work Programme tasked TRIPS Council to "examine and report on the intellectual property issues arising in connection with electronic commerce", including the "protection and enforcement 
of copyright and related rights; protection and en forcement of trademarks; [and] new technologies 
and access to technology" (WT/L/274). Formal TRIPS Council discussions on e-commerce issues took place between 1998 and 2003 and were summa rized in three TRIPS Council reports to the 
General Council (IP/C/18, IP/C/20 and IP/C/29).  
3. More recently, at the tenth WTO Ministerial Co nference (MC10), the Ministerial Decision of 
19 December 2015 decided to continue the Work Programme, "based on the existing mandate and 
guidelines and on the basis of proposals submitte d by Members in the relevant WTO bodies as set 
out in paragraphs 2 to 5 of the Work Programme " (WT/MIN(15)/42). The Ministerial Decision also 
instructs the General Council to hold periodic reviews in its July and December 2016 and July 2017 sessions, based on reports that may be submitted by WTO bodies entrusted with the 
implementation of the Work Programme (such as  the TRIPS Council), and report to the next 
session of the Ministerial Conference. 
4. Further to the Ministerial Decision at MC10, and in view of the Nairobi Ministerial Declaration 
guidance "to reinvigorate the regular work of the [WTO] Committees" (WT/MIN(15)/DEC), this 
communication invites consideration by Members of possible approaches for re-engaging in discussions under the Work Programme at the TRIPS Council. In view of previous formal 
discussions, which examined the provisions of TRIPS relevant to paragraph 4.1 of the Work 
Programme (IP/C/W/128), as well as further developments in the international framework concerning standards of IP protection, enforcement and related matters (IP/C/W/128/Add.1), renewed engagement on this topic might, for instance, allow Members an opportunity to share 
national experiences and practices on IP and e-co mmerce issues in light of the rapid growth in 
digital technology and telecommunications as facilitators of commerce across countries at all levels of development. Such discussions could be valuable to inform respective national policy 
development efforts on the intersection between IPRs and e-commerce and help Members better 
understand and catalogue emerging global policy norms in this area. IP/C/W/613 
 
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  5. Canada would welcome an exchange of views on these issues under a dedicated agenda 
item on the Work Programme at the 7-8 June 2016 meeting of the Council for TRIPS. 
6. As an example of the information exchanges that it would envisage for renewed discussions 
under the Work Programme at the TRIPS Council, Canada would be pleased to present at the 
7-8 June 2016 meeting on a recent innovative law enforcement initiative addressing the sale of 
counterfeit trademark goods over the Internet, with a view to sharing an important element of its evolving national practices on IP and e-commerce issues. 
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