. /.   WORLD TRADE  
ORGANIZATION  WT/COMTD/SE/W/18/Rev.2
18 July 2006 
 (06-3453) 
Committee on Trade and Development 
Dedicated Session Original:   English 
 
 
  
AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL  
PROPERTY RIGHTS:  DESIGNATION OF A REGIONAL BODY 
 
Communication from Antigua and Barbuda, Barbados, Cuba, Dominica, Fiji, 
 
Grenada, Jamaica, Mauritius, Papua New Guinea, Solomon Islands,  
St. Kitts and Nevis, St. Vincent and the Grenadines  
 
Revision  
 
  The following communication, dated 14 July 2006, is being circulated at the request of the above delegations.  
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This revised paper sets out some proposals to address certain specific concerns of the 
co-sponsors as they relate to the Agreement on Trade-Related Aspects of Intellectual 
Property Rights.  The multilateral tradi ng system needs to identify and implement 
responses to the issues identified in this  submission to overcome the inherent 
economic disadvantages faced by th ese small, vulnerable economies. 
The revised submission takes into account the deliberations on the 
WT/COMTD/SE/W/18/Rev.1 which took place in the Committee on Trade and Development in Dedicated Session and in th e Council for Trade-Related Aspects of 
Intellectual Property Rights. 
1. Introduction 
1. Many developing countries have  experienced severe difficultie s in the implementation of 
many of the provisions of the TRIPS Agreement.  These problems are particularly pronounced for the 
co-sponsors, which are small, vulnerable economies (SVEs). These members have an extremely limited capacity to implement the complex rul es and procedures found in the TRIPS Agreement . 
2. Article 67 of the TRIPS Agreement makes provi sion for developed countries to provide, upon 
request, technical and financial co-operation to assi st in the implementation of intellectual property 
rights provisions.  However, the co-sponsors of the proposal, given their small administrations and the 
complex nature of the Agreement, even expe rience difficulties in identifying their needs and 
requirements in order to make requests for assistan ce.  Moreover, given the small size of their 
populations, some SVEs lack the manpower and in stitutional capacity needed to establish domestic 
offices and relevant agencies or to train personnel to administer the Agreement. WT/COMTD/SE/W/18/Rev.2 
Page 2  
 
  3. The unit costs and administrative burdens of implementing the Agreement at the national 
level are generally higher in SVEs than in most other WTO Member countries.  Therefore, it should 
be explicitly recognised that such countries can implement the relevant provisions of the TRIPS 
Agreement at the regional level and thereby de rive the benefits from economies of scale.  
2. Relevant WTO provision 
4. Article 67, Agreement on TRIPS. 
3. Proposal 
5. Recognising the underlying public policy objectives of national systems for the protection of 
intellectual property, including developmental a nd technological objectives, and also the need to 
enable these small, vulnerable economies to create a sound and viable technological base, the General 
Council is to recommend that there shall be explic it recognition of Members' rights to designate a 
regional body to provide such technical support
1 as is necessary to assist them in implementing the 
provisions of the TRIPS Agreement.   
6. Members and the WTO, within its competen ce, when providing technical and financial 
assistance to support small, vulnerable economies in fulfilling their rights and obligations under this 
Agreement, shall consider the advantages of pr oviding that assistance to the regional body, where 
such exists. 
4. Issues for Consideration 
7. The co-sponsors of this proposal are of the vi ew that this explicit recognition of regional 
bodies would lead to greater legal certainty.  In add ition, it would lead to an improvement in levels of 
transparency and predictability thereby enhancin g the ability of SVEs to fulfil their legal and 
notification obligations under the TRIPS Agreement.  
8. It should be further noted that the proposal do es not seek to change the legal architecture of 
the TRIPS Agreement nor would it impact on the balance of rights and obligations of any WTO 
Member.  In addition, the individual Members be nefiting from this proposal will continue to be 
legally responsible and accountable for their individual obligations which include notifications. 
5. Final remark 
9. This proposal is without prejudice to individua l country positions and to the rights of the 
co-sponsors to submit additional proposals in future Dedicated Sessions or, otherwise, in other WTO 
bodies on any issues contained in this paper a nd/or on any other issues not included here. 
 
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1 Such technical support could include the deve lopment of TRIPS measures; assistance in the 
preparation of TRIPS notifications; a ssistance with the response to any quer ies received on the notifications;  
and any analysis or research that would enha nce the understanding of  the TRIPS obligations.