WORLD TRADE  
ORGANIZATION   
IP/C/W/583 
5 November 2012 
 (12-6092) 
Council for Trade-Related Aspects of  
Intellectual Property Rights Original:   English/ 
 French 
 
 
 
REQUEST FOR AN EXTENSION OF  THE TRANSITIONAL PERIOD 
UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT 
 
Communication from Haiti on behalf of the LDC Group 
 
 
 The following communication, dated 5 November 2012, is being circulated at the request of the delegation of Haiti on behalf of th e least developed country Members. 
 
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1. The least developed country Members of the WTO represent the poorest and weakest segment 
of the international community.  The economies of  least developed country Members are extremely 
vulnerable, with large segments of their populatio n living in poverty.  They also face numerous 
challenges such as high burdens of infectious a nd non-infectious disease, low literacy, inadequate 
access to clean water and sanitation, low agricultu ral productivity, environmental and climate-related 
challenges.  
2. The situation of LDCs has not changed significantly since the last extension decision in 2005.  
LDCs continue to play a very marginal role in the world economy, and their growing integration in 
the global market has been accompanied by very li mited advances (if any) in their relative position 
compared with the rest of the world.1  From a long-term perspective, the marginalization of LDCs is 
in many ways worse than in the early 1970s.  More  generally LDCs have not been able to develop 
their productive capacities and have not benefi cially integrated with the world economy.2 
3. Least developed countries' productive capacity is limited, they have serious infrastructure 
deficits and are lagging behind in critical areas, which are key drivers for transformation and have 
great potential to change the development landscap e of least developed countries if developed and 
harnessed properly.3  Least developed countries have not been able to move beyond out-dated 
technologies that characterize their production processes and outputs although acquiring new 
technologies and building domestic ca pacity and knowledge base to be able to fully utilize acquired 
technologies and promoting indigenous capacity on a su stainable basis for research and development 
are needed to enhance the productive cap acities in least developed countries. 4 
4. Article 66.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the 
"TRIPS Agreement") accorded least developed country Members a ten-year exemption from most 
obligations under the TRIPS Agreement in view of  the special needs and requirements of the least 
                                                      
1 UNCTAD 2011 Least Developed Countries Report. 
2 UNCTAD 2011 Least Developed Countries Report. 
3 The Istanbul Programme of Action for the Least Developed Countries for the Decade 2011-2020 adopted by the 
Fourth UN Conference on the Least Developed Countries. 
4 The Istanbul Programme of Action for the Least Developed Countries for the Decade 2011-2020 adopted by the 
Fourth UN Conference on the Least Developed Countries.  IP/C/W/583 
Page 2  
 
  developed country Members, their economic, financia l and administrative constraints and their need 
for flexibility to create a viable technological base.  
5. This exemption was due to expire on 31 Dece mber 2005.  On 27 June 2002, a TRIPS Council 
decision (IP/C/25) extended it until 2016 in relation to patents and test data protection related to 
pharmaceuticals.  Without prejudice to this  extension, the TRIPS Council, through its 
decision IP/C/40 on 29 November 2005 extended the transition period for least developed country 
Members under Article 66.1 of the TRIPS Agreement un til 1 July 2013, or until such a date on which 
they cease to be a least developed country  Member, whichever date is earlier.  
6. The least developed country Members of the WTO continue to face serious economic, 
financial and administrative constraints and need  maximum flexibility to create a sound and viable 
technological base.  
7. Developing a viable technological base is a long-term process.  Given the increasing 
complexity of modern industrial practices, least  developed country Members need a continuing 
waiver from TRIPS in order to be able to grow  economically viable industrial and technological 
sectors, to consolidate capacity, and to work their way up the technological value chain.  Moreover, 
because of their extreme poverty, least develope d country Members need the policy space to access 
various technologies, educational resources, and other tools necessary for development.  Most IP-
protected commodities are simply priced beyond the purchasing power of least developed country Members and their nationals. 
8. Article 66.1 provides that the Council for TRIPS "shall, upon duly motivated request by a 
least-developed country Member, accord extensions of this period." 
9. At the Eighth WTO Ministerial Conference of December 2011, the Ministers invited the 
TRIPS Council "to give full consideration to a du ly motivated request from Least-Developed Country 
Members for an extension of their transition peri od under Article 66.1 of the TRIPS Agreement, and 
report thereon to the WTO Ninth Ministerial Conference''.  
10. In view of the impossibility of determining wh en individual LDCs will be able to overcome 
the constraints that prevent them from creating a viable technological base, the transition period 
should remain in force while the Member is cons idered a least developed country in the WTO. 
11. Least developed country Members of the WTO hereby submit a duly motivated request for an 
extension of the transitional period (that ends on 1 July 2013) for as long as the WTO Member remains a least developed country.  IP/C/W/583 
 Page 3 
 
 
  ANNEX 
  
PROPOSED DRAFT TRIPS COUNCIL DECISION ON THE EXTENSION OF  
THE TRANSITION PERIOD UNDER ARTICLE 66.1 FOR  
LEAST DEVELOPED COUNTRY MEMBERS  
 
 
The Council for Trade-Related Aspects of Intellect ual Property Rights (the "Council for TRIPS"), 
 
Having regard  to paragraph 1 of Article 66 of th e TRIPS Agreement (the "Agreement"); 
 
Recalling that , unless extended, the transition period granted to least developed country Members 
under Article 66.1 of the Agreement will expire on 1 July 2013; 
 
Having regard  to the request from least developed country  Members of the World Trade Organization 
(the "WTO"), dated 5 November 2012, for an extens ion of their transition period under Article 66.1 of 
the Agreement contained in document IP/C/W/583; 
 
Recognizing  the special needs and requirements of least developed country Members, the economic, 
financial and administrative constraints that they continue to face, and their need for flexibility to 
create a viable technological base;  
Recognizing that Article 66.1 of the TRIPS Agreement provides that the Council for TRIPS "shall, 
upon duly motivated request by a least developed c ountry Member, accord extensions of this period"; 
Decides  as follows: 
 
Least developed country Members shall not be requ ired to apply the provisions of the Agreement, 
other than Articles 3, 4 and 5, until they ceas e to be a least developed country Member. 
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