RESTRICTED  
  
IP/C/M/90  
 
19 November 2018  
(18-7244) Page: 1/10 
Council for Trade -Related Aspects of  
Intellectual Property Rights  
  
 
MINUTES OF MEETING  
HELD IN THE CENTRE W ILLIAM RAPPARD ON 8-9 NOVEMBER  2018 
Chair: H.E. Ambassador Dr. Walter Werner  
The present document contains the record of the meeting of the Council for TRIPS, held from 
8 to 9 November  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  ................................ .... 3 
2   REVIEW OF NATION AL IMPLEMENTING LEGI SLATION  ................................ ............  4 
3   REVIEW OF THE PR OVISIONS OF ARTICLE 27.3(B)  ................................ .................  4 
4   RELATIONSHIP BET WEEN THE TRIPS AGREE MENT AND THE CONVENT ION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ..............................  4 
5   PROTECTION OF TR ADITIONAL KNOWLEDGE AND FOLKLORE  ................................ . 4 
6   ANNUAL REVIE W OF THE SPECIAL COM PULSORY LICENSING SY STEM 
(PARAGRAPH 7 OF THE ANNEX TO THE AMENDED  TRIPS AGREEMENT AND  
PARAGRAPH 8 OF THE D ECISION ON THE IMPLE MENTATION OF PARAGRA PH 6 
OF THE DOHA DECLARAT ION ON THE TRIPS AGR EEMENT AND PUBLIC HE ALTH)  .........  4 
7   NON-VIOLATION AN D SITUATION COMPLAIN TS ................................ .....................  5 
8   REVIEW OF THE IM PLEMENTATION OF THE TRIPS AGREEMENT UNDE R 
ARTICLE 71.1  ................................ ................................ ................................ ...............  6 
9   REVIEW OF THE AP PLICATION OF THE PRO VISIONS OF THE SECTI ON ON 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 ................................ ..................  6 
10   SIXTEENTH ANNUA L REVIEW UNDER PARAG RAPH 2 OF THE DECISI ON ON 
THE IMPLEMENTATION O F ARTICLE 66.2 OF TH E TRIPS AGREEMENT  ..........................  6 
11   TECHNICAL COOPE RATION AND CAPACITY BUILDING  ................................ ..........  7 
12   INTELLECTUAL PR OPERTY AND INNOVATIO N: THE SOCIETAL VALU E OF IP 
IN THE NEW ECONOMY – IP AND NEW BUSINESS  ................................ ........................  8 
13   INTELLECTUAL PROPERTY AND THE PUB LIC INTEREST: PROMOT ING PUBLIC 
HEALTH THROUGH COMPE TITION LAW AND POLIC Y................................ ....................  8 
14   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHE RE IN THE WTO  .............  8 
14.1   DISPUTE SETTL EMENT  ................................ ................................ ........................  8 
14.2   IPR-RELATED I SSUES IN TRADE POLIC IES REVIEWS  ................................ .........  9 
15   OBSERVER ST ATUS FOR INTERNATION AL INTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ .........  9 
16   ANNUAL REPORT  ................................ ................................ ................................ ... 9 IP/C/M/ 90 
 
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  17   OTHER BUSINESS  ................................ ................................ ................................  10 
17.1   DATES FOR THE COUNCIL 'S MEETINGS IN 2019  ................................ ...............  10 
17.2   WORK PROGRAMM E ON ELECTRONIC COMM ERCE  ................................ ............  10 
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AG REEMENT  
1.  The Chair suggested that Members first consider notifications submitted under the 
TRIPS  Agreement, then take up questions submitted by India to the European Union with respect to 
the enforcement of IPRs regarding goods in transit, and conclude with a Secretariat update on the 
status of the e -TRIPS project. He invited the Secretariat to report  on notifications that the Council 
had received since its meeting in June 2018.  
2.  A representative of the Secretariat  said that  the Council had received the following notifications 
under Article 63.2 of the TRIPS Agreement:  
a. Croatia had submitted a comprehen sive package of 14 notifications. These included 
amendments to and codifications of its main dedicated IP laws and regulations in the fields 
of copyright and related rights, trademarks, geographical indications, patents, industrial 
designs and topographies  of semiconductor products. A new Act on the Protection of 
Undisclosed Information with Market Value had also been notified.  
b. Japan  had notified revisions of its Patent and Design Acts, expanding in both cases the "grace 
period" regarding the exception to l ack of novelty of inventions, from six months to one year. 
A revision of the Trademark Act had also been notified. It reportedly improved trademark 
application procedures through adding the requirement of divisional application.  
c. Ukraine had notified its la w "On Efficient Manageme nt of Property Rights of Right H olders in 
the Sphere of Copyright and Related Rights " of May 2018 , which defined  the legal and 
organizational principles of collective management of copyright s and related rights.  
d. Colombia had notified its new "Orange Economy" Law of May 2017. This law promoted 
creative industries that generate value through their IP -based goods and services. It had 
also notified two updates to its copyright law. Amongst others,  the right of remuner ation of 
authors of cinematographic works, including directors and scriptwriters, for acts of 
communication to the public of audio -visual works is recognized . Finally, an amendment to 
a 2015 decree regarding certain aspects of the procedure for the declara tion of the existence 
of reasons of public interest for compulsory licensing had also been submitted to the TRIPS 
Council.  
e. Republic of Moldova  had notified two Decisions of 2011 and 2018, respectively, approving 
and amending the Regulations on the Activity of Authorized Intellectual Property Attorneys 
which addressed the fundamental principles and rules of professional conduct.  
3.  Under Article 69 , Ukraine  had updated its contact points for the exchange of information and 
cooperation on trade in infringing goods , and, Tonga had notified new information regarding its 
contact points. The Member s' transparency toolkit page had  been updated accordingly .1  
4.  The Chair invited delegations that had notified a new or revised legislative measure s, or submitted 
updates  to their contact points , to introduce their notifications. He also invited other delegations that 
might wish to comment on them.  
5.  The representatives of Colombia , Japan , Republic of Moldova , Ukraine , and the 
United  States  of America  took the floor.   
6.  The Chair invited India to introduce its communication on the "Enforcement of IPRs Regarding 
Goods in Transit – Questions to the Europea n Union" (circulated in document IP/C/W/636/Add.1).  
7.  The representative of the European Union  and India took the floor.  
8.  The Chair turned to the e -TRIPS project and invited the Secretariat to provide an update on the 
development of e -TRIPS, an online platfor m for filing and consulting notifications and other Council 
documentation.  
                                                
1 Available at: https://www.wto.org/english/tratop_e/trips_e/trips_toolkit_e.htm   IP/C/M/ 90 
 
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  9.  A representative of the Secretariat  briefed Members on the development of e -TRIPS.  
10.  The Chair recalled that notifications to the Council were not keeping up with the actual 
developm ent of laws and regulations relating to TRIPS. He recalled that Article 63.2 was not a one -off 
requirement, but obliged Members to notify any new or amended laws. Therefore, he urged Members 
to complete any outstanding initial notifications and to keep up to date with notifications on 
subsequent amendments. The same applied to the Checklist of Issues on Enforcement which had 
been established by the Council as an element of Members' notification obligations.  
11.  The Council took note  of the notifications and the  statements made.  
2  REVIEW  OF NATIONAL IMPLEME NTING LEGISLATION  
12.  The Chair noted  that there were no pending reviews. Members should feel free to revert to any 
matter raised  in past  reviews, or suggest  further reviews. He encouraged delegations to share their 
ideas on how to make t he 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 ON 
BIOLOGICAL DIVERSITY  
5  PROTECTION  OF TRADITIONAL KNOW LEDGE AND FOLKLORE  
14.  The Chair  proposed  that, following past practice, the three agenda items  would  be addressed 
together.  Members had seen important developments in th ese areas, over the last decade. However, 
information on those developments  had not been shared  with the TRIPS  Council. For example, the 
Review of Article 27.3(b) was based on an Illustrative List of Questions agreed by the Council. 
To date, only 25 Members had subm itted responses to that list and there had been no responses or 
updates since 2003. Similarly , there ha d been no notifications of domestic mechanisms to protect 
genetic resources and traditional knowledge under Article 63.2 TRIPS . He encouraged delegations  to 
submit or update responses and to notify relevant laws and regulations to the TRIPS Council. This 
would definitively facilitate and enrich the discussions. He recalled that there had been no new 
developments on two long -standing procedural issues, name ly: 
a. The suggestion, first made in November 2012, that the Secretariat update the three factual 
notes on the Council's previous discussions on TRIPS/CBD and related items ; and  
b. The proposal, initially submitted in October 2010, that the CBD Secretariat be i nvited to brief 
the Council on the Nagoya Protocol to the CBD.  
15.  The representatives of India, Egypt , China , Brazil , Bangladesh , the Plurinational State of Bolivia , 
Ecuador , Chinese Taipei , Chile, South Africa , Indonesia , Canada , Thailand , Australia , Japan , 
the United States of America , and Switzerland  took the floor.  
16.  The C ouncil took note of the statements made and agree d to revert to the matters at its next 
meeting.  
6  ANNUAL REVIEW OF THE  SPECIAL COMPULSORY LICENSING SYSTEM (PA RAGRAPH 7 
OF THE ANNEX TO THE AMENDED TRIPS AGREEM ENT AND PARAGRAPH 8 OF THE DECISION 
ON THE IMPLEMENTATIO N OF PARAGRAPH 6 OF THE DOHA DECLARATION  ON THE TRIPS 
AGREEMENT AND PUBLIC  HEALTH)  
17.  The Chair recalled that, in the past, the Special Compulsory Licensing System  had been 
conducted pursuant to paragraph 6 of the 2003 Decision on the Implementation of Paragraph 6 of 
the Doha Declaration on the TRIPS Agreement and Public Health. Since the entry into force of the 
Protocol Amending the TRIPS Agreement on 23 January 20 17, the review also responded to the 
requirements that had now been incorporated into the amended TRIPS Agreement.  IP/C/M/ 90 
 
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  18.  Paragraph 7 of the Annex to the amended TRIPS Agreement and paragraph  8 of the 2003 Waiver 
Decision require d the Council to review the functi oning of the System annually, with a view to 
ensuring its effective operation. They also require d the Council to report annually on the System's 
operation to the General Council. In the case of the Waiver Decision, th e review was also deemed to 
fulfil the requirements of Article IX:4 of the WTO Agreement.  
19.  The Chair  informed Members about the status of acceptances of the Protocol Amending the 
TRIPS Agreement.2 The current period for accepting the Protocol  ran until 31 December 2019. Since 
the last meeting in  June 2018, Paraguay ha d deposited its instrument of acceptance with the 
Director -General on 4 July. The amended TRIPS Agreement was  binding for 12 6 WTO Members. In 
other words, 3 8 Members were yet to accept the Protocol Amending the TRIPS Agreement. He 
encourage d those Members to complete their domestic procedures as soon as possible.  
20.  When the TRIPS Amendment had entered into force in January last year, Members had noted 
that it would be useful to consider how to make this new procurement tool work ed effectively in 
practice. He encourage d Members  to engage in a constructive discussion , which could also build on 
earlier reviews. Members might find two documents particularly helpful to facilitate their 
considerations. The first was the Council's annual rev iew of 2016 (circulated in document IP/C/76 ); 
and the second was the Secretariat's 201 6 report on technical cooperation activities (circulated  in 
document IP/C/W/618 ). Annex II of that report summarize d key issues that delegations might wish 
to consider supporting  the practical use of the System.  
21.  The representatives of Brazil , India, Japan , Canada , the United States of America  and 
Switzerland  took the floor.  
22.  The Council took note  of the statements made.  
23.  The Chair  turned to the  Report to the General Council.  A draft cover note had been prepared by 
the Secretariat  (circulated in document JOB/IP/32) . It was modelled on previous years' reports and 
contained factual information on the implementation and use of the System. Under the section on 
the Amendment to the  TRIPS Agreement, it also include d a list of Members who we re yet to accept 
the Protocol Amending the TRIPS Agreement. As for past reports, an extract from the Council's 
minutes on this agenda item would be attached to the cover note.  
24.  The Council agreed  on the draft cover note to the Report and to attach the record of the 
discussion to it.  
7  NON-VIOLATION AND SI TUATION COMPLAINTS  
25.  The Chair recall ed that,  at the Eleventh Ministerial Conference (MC11), Ministers had directed 
the Council to continue its exami nation of the scope and modalities for complaints of the types 
provided for under subparagraphs  1(b) and 1(c) of Article XXIII of GATT 1994 and to make 
recommendations to MC12. It had also been agreed that, in the meantime, Members w ould not 
initiate such complaints under the TRIPS Agreement.3 At the General Council meeting o f 
26 July 2018, the Chair had also noted that the 2019 deadlines for the two moratoria on Electronic 
Commerce and on TRIPS non -violation and situation complaints would be maintained, 
notwithstanding the decision to hold MC12 in June 2020.  
26.  At the two meetings of the TRIPS Council that had been held since MC11, there had been some 
encouraging signs. A number of delegations had indicated their readiness to engage in a constructive 
discussio n on scope and modalities in case non -violation and situation complaints were to apply to 
TRIPS. Also, at the Council's meeting in June, some delegations had given examples of what such 
modalities could look like.  
27.  While this would require delegations to reconsider their longstanding positions, such 
engagement in a constructive examination of scope and modalities would, indeed, help to move 
beyond the binary question of whether or not non -violation and situation complaint s should apply to 
TRIPS at all. He invited Members to provide  concrete suggestions regarding the possible way forward , 
                                                
2 Document WT/L/641.  
3 Document WT/L/1033.  IP/C/M/ 90 
 
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  particularly, if there were any  developments that would permit the Council to examine scope and 
modalities, as instructed by Ministers, in order to prepare recommendations to the next Ministerial 
Conference.  As MC12 was approaching , work need ed to intensify.  The Council was the bes t forum to 
discuss these issues. However, he was  also available to assist delegations, including through  informal 
consultations among interested d elegations or individual discussions.  
28.  The representatives  of India, Ecuador , South Africa , Bangladesh , Egypt , Brazil , Argentina , 
China , Canada , Chinese Taipei , Indonesia , the United States of America , Switzerland  and the Russian 
Federation  took the floor.  
29.  The Council took note  of the statements made and agreed  to revert to the matter  at its next 
meeting.  
8  REVIEW OF THE IMPLEM ENTATION OF THE TRIP S AGREEMENT UNDER AR TICLE 71.1  
30.  The Chair  said that Article 71.1 required the TRIPS Council to conduct a review once every two 
years. Since the TRIPS Council had not completed its initial review in 1999, there had been no 
subsequent review since.  
31.  Periodic  review s could be a useful opportunity for Members to share information and experiences 
in implementing the TRIPS  Agreement. He invited delegations to suggest how the TRIPS Council 
could take this review forward.  
32.  The Council agree d to revert to the matter at its next meeting.  
9  REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICAT IONS UNDER  ARTICLE 24.2  
33.  The Chair said Article 24.2 of the TRIPS Agreement required the Council to keep under review 
the application  of the TRIPS provisions on geogra phical indications  (GIs). The principal  tool for the 
review was  the Checklist of Questio ns (document IP/C/13 and Add.1). Since the meeting in 
June 2018, Ukraine had submitted its responses to the Checklist ( circulated in document 
IP/C/W/117/Add. 35).  
34.  The representative s Ukraine  and Switzerland  took the floor.  
35.  The Chair recalled that  fewer than 50 , out of 164  Members , had responded to the  Checklist. 
Many of the earlier responses were also likely to be outdated and did not adequately reflect  the fact 
that GI protection was an active area of legal and policy development at the domestic level a nd in 
free trade agreements (FTAs). He encouraged delegations to provide responses to the Checklist or 
to update earlier responses. In  line with the Council's recommendation of March 2010, he also invited 
Members to share information regarding GI chapters in their bilateral agreements.  
36.  The Council  took note  of the statements made and  agreed  to revert to the matter at its next 
meeting.  
10  SIXTEENTH ANNUAL REV IEW UNDER PARAGRAPH 2 OF THE DECISION ON  THE 
IMPLEMENTATION OF AR TICLE 66.2 OF THE TR IPS AGREEMENT  
37.  The Chair recalled that under the TRIPS Council decision of February 2003, developed country 
Members were to submit annual reports on actions taken or planned in pursuance of their 
commitments under Article 66.2. They were to provide new detailed reports every  third year and 
updates in the intervening years.  In June  2018, the Council had requested developed country 
Members to submit the sixth set of new reports in time for the present meeting, and the Secretariat 
had since circulated a reminder .4   
38.  The Council had received new detailed reports from the United States of America , Switzerland, 
Australia, Japan and Canada. Since the circulation of the revised agenda, Norway ha d also submitted 
its new report. This documentation ha d been circulated in document IP/C/W/ 646 and addenda. In 
                                                
4 WTO/AIR/IP/20  IP/C/M/ 90 
 
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  addition, shortly before the meeting , the Council ha d received the reports from New Zealand, as well 
as from the European Union and some of its member States, namely Austria, Czech Republic, 
Denmark, Finland, France, Germany, Ireland, I taly, Sweden and the United Kingdom. Advance copies 
of both reports ha d been made available as room documents on documents online and w ould also 
be circulated as addenda to document IP/C/W/646.  
39.  Paragraph 2 of the Council's Decision on the Implementation of  Article 66.2 explain ed that the 
annual review was to  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 e ncouraging 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.  
40.  Some of the  information by developed country Members had been  received only very recently, 
and most of it is, so far, available only in its original language. Members would have an opportunity 
to make further comments at the next meeting of the Council. This would al low Members to study 
the information recently circulated and any additional inf ormation subsequently received. For the 
same reasons, the Article 66.2 Workshop that would ha d been held before that  meeting ha d been 
postponed. The plan was to convene the Workshop on 11 -12 February  2019, back -to-back with the 
Council's next meeting in February 2019.  
41.  The Chair informed Members that, the day before,  there had been  an informal  small  group 
meeting and ideas had been exchanged with regard to the organization of the forthcoming 
Article  66.2 Workshop.  
42.  The representatives of the European Union ; Canada ; Japan ; Australia ; the United States of 
America ; Norway ; the Central African Republic , on behalf of the LDC Group ; and Cambodia  took the 
floor. 
43.  The Cou ncil took note  of the statements made and agreed  to revert to the matter at its next 
meeting.  
11  TECHNICAL COOPERATIO N AND CAPACITY BUILD ING 
44.  The Chair  recalled that in June 2018, the Council had agreed to hold the annual review of 
technical cooperation at the November meeting. Developed country Members had been requested 
to update information on their technical and financial cooperation activities relev ant to the 
implementation of the TRIPS Agreement. Other Members who also made available technical 
cooperation were encouraged to share information on these activities. The Secretariat had issued an 
airgram on 5 July 20185 reminding Members of this request.  Intergovernmental organizations 
obser vers to the Council and the Secretariat had also been invited to provide information.  
45.  The Council ha d received information from the following developed country Members: United 
States of America , Switzerland, Australia,  Japan and Canada. Their reports ha d been circulated in 
document IP/C/W/647 and addenda. Shortly before the meeting , the Council ha d also received the 
reports from New Zealand, as well as from the European Union and some of its member States, 
namely Austri a, Bulgaria, Czech Republic, Germany, the Netherlands, Spain and Sweden. Advance 
copies of both reports ha d been made available as room documents  on documents online and would  
also be circulated as addenda to document IP/C/W/647.   
46.  The following intergovern mental organizations ha d also submitted updated information: the 
Cooperation Council for the Arab States of the Gulf (GCC), United Nations Conference on Trade and 
Development ( UNCTAD ), World Health Organization ( WHO), World Customs Organization ( WCO), 
African Regional Intellectual Property Organization (ARIPO ) and World Intellectual Property 
Organization (WIPO ). Their reports ha d been circulated in document IP/C/W/644/Rev.1 and 
addenda. Since the circulation of the revised draft agenda, information ha d also been received from 
UPOV , which would  be made available shortly.  
                                                
5 WTO/AIR/IP/ 19. IP/C/M/ 90 
 
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  47.  Updated information on the Secretariat's own technical cooperation activities in the TRIPS area 
could  be found in document IP/C/W/645.  
48.  The representatives from Canada , Australia , Japan , the United States of America , Norway , the 
European Union , the Secretariat , the WHO, the GCC, UNCTAD , WIPO  and ARIPO  took the floor.  
49.  The Council took note  of the statements made and agreed  to revert to the matter at its next 
meeting.  
12  INTELLECTUAL PROPERT Y AND I NNOVATION: THE SOCIE TAL V ALUE OF IP IN THE NE W 
ECONOMY  – IP AND NEW BUSINE SS 
50.  The Chair said that the item "Intellectual Property and Innovation: The Societal Value of IP in 
the New Economy – IP and New Business" had been put on the agenda at the written re quest by the 
delegations of Australia; the European Union; Japan; Switzerland; the Separate Customs Territory 
of Taiwan, Penghu, Kinmen and Matsu; and the United States of America . Since the circulation of 
the revised draft agenda, Brazil had co -sponsored the item. Those delegations had also submitted a 
communication on this topic (circulated in document IP/C/W/648 and addendum) to allow Members 
to prepare for t he discussion.  
51.  The representatives of the United States of America , Switzerland , Australia , Chile, Japan , the 
European Union , Norway , Brazil , Singapore , India, Chinese Taipei , Canada , China , South Africa  and 
Colombia  took the floor.  
52.  The Council took note  of the statements made.  
13  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST: PROMOTING  PUBLIC HEAL TH 
THROUGH COMPETITION LAW AND POLICY  
53.  The Chair said that the item "Intellectual Property and the Public Interest: Promoting Public 
Health Through Competition Law and Policy" had been added to the agenda at the request of the 
Delegation of South Africa. It ha d been co -sponsored by Brazil and India since the circulati on of the 
revised draft agenda. The co -sponsors ha d also submitted a communication on this topic (circulated 
in docu ment IP/C/W/649 and addenda ), which included  questions to guide the discussion.  
54.  The representatives of South Africa , Brazil , India, China , Indonesia , the United States of 
America , Japan , the European Union  and the WHO took the floor.  
14  INFORMATION ON RELEVANT DEVELOPMENT S ELSEWHERE IN THE W TO 
14.1  Dispute Settlement  
55.  The Chair  said that two requests for consultations ha d been formally submitted since the 
June 2018 meeting. On 1 June 2018, the European Union had requested consultations with China 
regarding "Certain Measures on the Transfer of Technology " (circulated in document IP/D/39). On 
1 October 2018, Qatar had requested consultations with Saudi Arabia regarding Measures 
Concerning the Protection of Intellectual Property Rights (circulated in document IP/ D/40).  
56.  At the  meeting on 27 August 2018, the Dispute Settlement Body had adopted two Panel reports 
regarding "Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other 
Plain Packaging Requirements Applicable to Tobacco Products  and Packaging ", concerning the 
complaints by Cuba and Indonesia. The information was available  in documents IP/D/33/Add.1 and 
IP/D/34/Add.1. In proceedings on the same subject matter, Honduras had appealed certain findings 
of the Panel in its re port WT/DS435/R, on 19 July 2018;  and the Dominican Republic had also 
appealed certain findings in report WT/DS441/R , on 23 August 2018.  
57.  The representatives of Honduras , the Dominican Republic , Norway , Australia  and Indonesia  took 
the floor.  IP/C/M/ 90 
 
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  14.2  IPR-Related issues  in Trade Policies Reviews  
58.  The Chair  invited the Secretariat to report on IP-related issues that ha d been considered in the 
context of individual Members' trade policy reviews.  
59.  The representative of the  Secretariat  took the floor.  
60.  The Council took note  of the statements made.  
15  OBSERVER STATUS FOR INTERNATIONAL INTERG OVER NMENTAL ORGANIZATIONS  
61.  The Chair  recalled that there were  still 13 pending requests for observer status in the TRIPS 
Council by intergovernmental organizations. The updated list was contained in document 
IP/C/W/52/Rev.13. Information  provided by these organizations on their respective work and the 
reasons for their interest in observer status was available on the Members' website.6 
62.  While there ha d been some progress last year , when t he Council agreed to grant permanent 
observer status to ARIPO and OAPI, other pending requests could not move ahead.  Members  should 
consider these requests on their individual merits, particularly , the competence and interest that the 
requesting entity ha d in matters dealt with by the TRIPS Council.  Members' positions with respect to 
the pending requests ha d been well recorded in the Council minutes. He encourage d delegations  to 
take the floor only i f there were  new suggestions or developments to share.  He informed Members 
that the GCC had requested to make a statement  first. The purpose was to reiterate the interest to 
become a permanent observer.  
63.  The representatives of the GCC, Jordan , the State of Kuwait , Morocco , Oman , Qatar , the 
Kingdom of Bahrain , Egypt , Brazil  and China  took the floor.  
64.  The Chair  proposed that the Council grant the GCC permanent observer status. He encouraged 
delegations to hold bilateral consultations regarding the observer status of the CBD Secretariat and 
the South Centre. He sug gested to invite  the European Free Trade Association  (EFTA) to attend the 
next meeting on an ad hoc  basis again . This was in line with the agreement reached at the Council's 
meetings in November 2012 to grant EFTA ad hoc observer status on a meeting -by-meeting basis.  
65.  The Council took note  of the statements made  and agreed  to grant permanent observer status 
to the GCC  and to invite EFTA to attend the next meeting on an ad hoc  basis.  
16  ANNUAL REPORT  
66.  The Chair said that the draft Annual Report of the Council had been circulated in document 
JOB/IP/31. It still needed to be updated to reflect the discussions at the present meeting. Also, two 
errors w ould be corrected before circulating the final document:  
a. In para graph 8.2: reference to "2017" would  be replaced by the current deadline for 
acceptance, i.e. "2019"; and  
b. In paragraph 11.1 of the English version only: the correct reference to the title of the 
communication cir culated in document IP/C/W/638 wa s "Inclusive Innovation and MSME 
Growth".  
67.  He suggested that the Council agree that the Secretariat be requested to update the draft to 
reflect the discussions at th e meeting. The draft would be faxed to Members. Delegations would then 
have one week to commen t on the updated parts of the draft report.  
68.  The Council so agreed . 
                                                
6 Available at https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm .  IP/C/M/ 90 
 
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  17  OTHER BUSINESS  
17.1  Dates for the Council's Meetings in 2019  
69.  The Chair said that the Secretariat had reserved meeting rooms, tentatively, for the following 
dates for meetings of the Council in 2 019: Wednesday and Thursday, 13 -14 February; Tuesday and 
Wednesday, 4 -5 June; and Tuesday and Wednesday, 15 -16 October.  
70.  The Council agreed  on the dates for the meeting s in 2019.  
17.2  Work Programme on Electronic Commerce  
71.  The Chair  recalled that delegations had  exchanged views on e -commerce u nder the agenda item 
Other Business at the Council's meeting in June. The discussion had focused on the proposal made 
by some delegations that the Work Programme be included as a standing item on the Council's 
agenda until M C12. These delegations had  also suggested that the Secretariat update its background 
note that was last circulated in document IP/C/W/128/Rev.1 in 2003. However, no agreement had 
been reached at that meeting. Accordingly, he had reported the state of play of the Council's 
considerations to the General Council , at its first review of the Work Programme on 26 -27 July  2018. 
Since then, there had been no  movement regarding the issues that had been  raised at the meeting. 
Also, no delegation ha d requested that an ad hoc item on the Work Programme on Electronic 
Commerce be added to the agenda.  
72.  If requested to provide an update on the work carried out in the TRIPS Council, the Chair said 
that he would report accordingly to the General Council , during its second review of the Work 
Programme at its meeting scheduled to take place on  12-13 December  2018.  
73.  He suggest ed that d elegations that would like to see certain issues to be addressed by this 
Council under the Work Programme on Electronic Commerc e could  request the inclusion of an ad 
hoc item for the next meeting in February. In the meantime, he would  be in touch with interested 
delegations to look at possible ways forward.  
74.  The Council took note  of the information provided.  
Preparation for next m eeting in 2019  
75.  The Chair encourage d delegations  to use the time before the  next meeting in February  2019 to 
engage in constructive discussions to facilitate the consideration of some of the longstanding issues 
on the Council's agenda. He remained  available fo r any informal consultations that delegations  might 
find useful in the meantime.  
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