IP/C/77  
 
13 July 2017  
(17-3795) Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
WORK PROGRAMME ON EL ECTRONIC COMMERCE  
REPORT BY THE CHAIRPERSON  OF THE COUNCIL FOR T RIPS  
TO THE GENERAL COUNC IL 
 
 
 
1.1.  The Nairobi Ministerial Conference of December 2015 (MC10) took the decision1 to continue 
work under the Work Programme  on Electronic Commerce  (Work Programme),  based on the 
existing mandate and guidelines and on the basis of proposals submitted by Members in the 
relevant WTO bodies . It also  instructed  the General Council to hold periodic reviews based on the 
reports that may be submitted by the WTO bodies entrusted with the implementation of the Work 
Programme, and report to the next session of the Ministerial Conference.  
1.2.  In pursuance of that decision, I informed Members  at the TRIPS Council  meeting held in 
June 2017 of my  intention to  submit, in my capacity as Chair and on my own responsibility, a 
factual record of the discussions in the TRIPS Council  to the General Council, so that it can be 
taken into account at its stocktaking session in July.  This report covers four me etings at which 
such discussions had taken place.  
Meeting on 7 -8 June 2016  
1.3.  The Work Programme was discussed under an ad hoc agenda item. Based on its  
communication  IP/C/W/613  entitled "Work Programme on Electronic Commerce ", Canada  shared 
its national experience in fighting online sales  of counterfeit products .  
1.4.  Ten other delegations took the floor.  Many welcomed Canada's initiative to reintroduce  the 
discussion of e-commerce into TRIPS Council ; some also shared their own experiences  in enforcing 
intellectual property rights  in the digital environment . Reference was also made to earlier TRIPS 
Council documents and Secretariat reports2 which provided useful background information.  
1.5.  Having regard to the MC10 Decision  on the Work Programm e, delegations generally 
supported further  discussion s on e-commerce in future , although there was no agreement as to 
whether this should best be done  as a standing item on the agenda of Council meetings  or on an 
ad hoc  basis.  
Meeting on 8 -9 November 2016  
1.6.  Under "Other Business ", Canada referred to its  communications (IP/C/W/613  and 
IP/C/W/613/ Add.1  entitled "Work Programme on Electronic Commerce ", and JOB/GC/97/Rev.3  
entitled "Work Programme on Electronic Commerce: Trade Policy, the WTO, and the Digital 
Economy "), and invited the Council to consider how best to take forward discussions on the Work 
Programme . Eight other delegations took the floor, all expressing support for further discussions.  
Some saw value in sharing experiences and practices; some drew Members ' attention  to relevant 
dialogues that took place in other contexts such as G20, World Intellectual Property Organisation  
(WIPO)  and ad hoc events.  A number of Members  suggested that discussions at the TRIPS Council 
be continued on an ad hoc basis; some highlighted the need for a balanced approach.  
                                                
1 Document WT/L/977.  
2 The Secretariat report in document IP/C/W/128 was specifically referred to.  IP/C/77  
 
- 2 - 
 
  Meeting on 1 -2 March 2017  
1.7.  Under an ad hoc agenda  item, twenty -one delegations, including co -sponsors of the various 
submissions ( JOB/IP/19/Rev.1  entitled "Electronic Commerce and Copyright ", JOB/IP/20  entitled 
"Work Programme on Electronic Commerce:  Electronic Signatures ", JOB/IP/21 entitled "Work 
Programme on Electronic Commerce: Trade Policy, the WTO, and the Digital Economy " and 
JOB/IP/22  entitled "Work Programme on Electronic Commerce:  Electronic C ommerce and 
Development ") and one  delegation  speaking on behalf of the LDC Group  took the floor.  
1.8.  Apart from commenting on the substance of the communications, delegations in general 
expressed an interest in having further discussions on these issues  and fo und it useful to share 
experiences.  Regarding copyright  and the administration of disputes , some delegations noted the 
work at WIPO and said duplication of work should be avoided, but such a view was not shared by 
all. A number of delegations noted the potentials that e -commerce could offer to small and 
medium enterprises  (SMEs) and mi cro-SMEs  (MSMEs ). There were suggestions to consider the role 
of the WTO  in supporting e -commerce, and  to identify elements and deliverabl es which WTO could  
work on , but there was also the view that  the Work Programme was exploratory,  and that any 
sharing of experiences should be on a non -prejudicial and non -negotiating basis.  
Meeting on 13 June 2017  
1.9.  Under "Other Business ", the ASEAN group o f countries represented by Singapore briefly 
introduced communication  JOB/IP/23  entitled "ASEAN reflections on the lunch panel on 'Can 
E-Commerce Trade Rules Help MSMES f rom Developing Countries?' held during the UNCTAD 
E-Commerce Week in 27 April 2017" . 
Future work  
1.10.   As the Work Programme is not a standing item on the Council's agenda, it is for Members to 
decide whether or not to  have further discussions before the next session of the Ministerial 
Conference . 
__________