PRESS RELEASE 
 
PRESS/424 
29 November 2005 
 
(05-5683) 
INTELLECTUAL PROPERTY 
Poorest countries given more time  to apply intellectual property 
rules 
Least-developed countries have been given an extension until 1 July 2013 to provide protection for 
trademarks, copyright, patents and other intell ectual property under the WTO’s agreement, 
following a decision reached by member governments on 29 November 2005. 
 The decision by the WTO’s Council for Trade-Related Aspects of Intellectual Property Rights 
(TRIPS) extends the transition period for least-developed countries by seven and a half years, and 
includes commitments on technical assistance to help them prepare to apply the agreement. The transition period was due to expire on 1 Janua ry 2006, 11 years after the TRIPS Agreement came 
into force. 
 The decision does not affect the transition peri od for patents for pharmaceutical products, which 
was agreed in 2002; least-developed countries will not have to protect these patents until 2016. 
 “This agreement, coming just before the Hong Ko ng Ministerial Conference, is good news,” WTO 
Director-General Pascal Lamy said. “Members have shown that they are ready to ensure that the 
world’s poorest countries have the flexibility that they need in order to meet their WTO obligations 
in a way that serves their development needs. Th is demonstrates what can be achieved in Hong 
Kong where development is a central issue.” 
 The decision ( see below ) says least-developed countries will not have to provide the intellectual 
property protection covered by the TRIPS Agreem ent until 1 July 2013 unless they graduate from 
being least-developed. However — as is currently the case — if they voluntarily provide intellectual property protection, they have to observe TRIPS provisions on non-discrimination. 
 
In the discussions leading up to the decision, one of the questions raised was whether the extension should be given country by country. The final agreement gives the extension to all the 
least-developed countries as a group. It confirms these countries’ right to seek further extensions 
afterwards. At present, 32 WTO members are least-developed.  
The decision also reiterates developed countries’ commitment to provide technical and financial 
cooperation to help the least-developed countries implement the TRIPS Agreement and respond to needs that the least-developed countries have prom ised to identify, preferrably over the next two 
years. 
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 Where least-developed countries do voluntarily provide some kinds of intellectual property 
protection even though they are not required to do so under the TRIPS Agreement, they have 
promised not to reduce or withdraw the current protection that they give.  
The decision was agreed by consensus among all me mbers, as is standard practice in the WTO. 
Find out more on the WTO website: 
TRIPS: http://www.wto.org/english/tr atop_e/trips_e/trips_e.htm  
Least-developed countries: http://www.wto.org/english/thew to_e/whatis_e/tif_e/org7_e.htm  
 
[ Text of decision ] 
EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 
FOR LEAST-DEVELOPED COUNTRY MEMBERS 
Decision of the Council for TRIPS of 29 November 2005 
 
 
The Council for Trade-Related Aspects of Intellectu al Property Rights (the “Council for TRIPS”), 
 
Having regard  to paragraph 1 of Article 66 of the 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 January 2006;  
Having regard  to the request from least-developed country Members of the World Trade 
Organization (the “WTO”), dated 13 October 2005, for an extension of their transition period under Article 66.1 of the Agreement contained in document IP/C/W/457; 
 
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  the continuing needs of least-developed country Members for technical and 
financial cooperation so as to enable them to realize the cultural, social, technological and other 
developmental objectives of intellectual property protection;  
Decides  as follows: 
 
I 
Extension of the transition period under Article 66.1 of the Agreement 
for least-developed country Members  
 
1. Least-developed country Members shall not be required to apply the provisions of the 
Agreement, other than Articles 3, 4 and 5, until 1 July 2013, or until such a date on which they cease to be a least-developed country Member, whichever date is earlier. 
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II 
Enhanced technical cooperation for least-developed country Members 
 2. With a view to facilitating targeted technical and financial cooperation programmes, all the 
least-developed country Members will provide to the Council for TRIPS, preferably by 
1 January 2008, as much information as possible on  their individual priority needs for technical 
and financial cooperation in order to assist them taking steps necessary to implement the TRIPS 
Agreement. 
 3. Developed country Members shall provide technical and financial cooperation in favour of 
least-developed country Members in accordance with Article 67 of the Agreement in order to 
effectively address the needs identified in accordance with paragraph 2.  
4. In order to assist least-developed country Members to draw up the information to be 
presented in accordance with paragraph 2, and with a view to making technical assistance and capacity building as effective and operational as possible, the WTO shall seek to enhance its 
cooperation with the World Intellectual Property Organization and with other relevant international 
organizations.  
III 
General provisions 
 
5. Least-developed country Members will ensure that any changes in their laws, regulations 
and practice made during the additional transiti onal period do not result in a lesser degree of 
consistency with the provisions of the TRIPS Agreement. 
 
6. This Decision is without prejudice to the De cision of the Council for TRIPS of 27 June 2002 
on “Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for 
Least-Developed Country Members for Certain Obligations with respect to Pharmaceutical 
Products” (IP/C/25), and to the right of least-developed country Members to seek further extensions of the period provided for in paragraph 1 of Article 66 of the Agreement. 
 
 
END