RESTRICTED  
  
IP/C/M/105  
28 July 2022 
(22-5707) Page: 1/11 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 6 JULY 2022  
Chair: H.E. Ambassador Dr. Lansana GBERIE  
The present document contains the record of the meeting of the Council for TRIPS held on 
6 July 2022.  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  ................................ ....... 2 
2   REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  ................................ .............  3 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ ............................  3 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ ....................  4 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON  
BIOLOGICAL DIVERSITY  ................................ ................................ ................................ . 4 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ .... 4 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ ........................  5 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1
 ................................ ................................ ................................ ................................ ....... 5 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ .....................  6 
10   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ .............  6 
11   PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT 
ADOPTED ON 17 JUNE 2022  ................................ ................................ ............................  7 
12   INTELLECTUAL PROPERTY AND INNOVATION: IP LICENSING OPPORTUNITIES  ....... 8 
13   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ................  8 
14   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ ............  9 
15   OTHER BUSINESS  ................................ ................................ ................................ ... 10 
 
 
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
1.  The Chair invited the Secretariat to update delegations on the notifications under various 
provisions  of the TRIPS Agreement that had been submitted since the meeting in March 2022 , and 
said he would then offer the floor to delegations wishing to introduce their notifications.  
2.  The representative of the Secretariat  said that the Council had received the following 
notifications, under Arti cle 63.2 of the TRIPS Agreement:  
a. Brazil  had notified two amendments to its Copyright Act related to the collective 
management of copyright, and to the mentioning of voice actors in the credits of audio -
visual works;  
b. Japan  had notified consolidated versions of its Trademark Act, its Design Act and its Patent 
Act;  
c. Montenegro  had notified amendments to its Law on Copyright and Related Rights, to its 
Patents Law and to its Law on the protection of Trade Secrets;  
d. Croatia  had notified  a consolidated version of its Copyright and Related Rights Act;  
e. Ukraine  had notified amendments to its law on collective management of Copyright and 
Related Rights to ensure collection of rights revenues by collective management 
organizations.  
f. Guatemala  had notified amendments to its Regulations under the Law on Copyright and 
Related Rights to include the definitions derived from the Marrakesh Treaty to Facilitate 
Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print 
Disabled ;  
g. Bahrain  had notified a law concerning the protection of New Plant Varieties;  
h. The Republic of Moldova  had notified a law on the protection of geographical indications, 
appellations of origin and traditional specialities, a government decision amending 
regulations on the filing and examination of patent applications and the issuance of 
patents, further laws amending and supplementing certain legislative acts;  
i. Trinidad and Tobago  had notified the Trade Mark Regulations, and Regulations relating to 
the Border  Enforcement Measures on Trade Marks from 2020.  
3.  Under Article 69, Cote d'Ivoire  had notified a contact point for enforcement  of intellectual 
property rights.   
4.  The Chair invited delegations that had provided new or revised notifications to the Council to 
introduce those notifications. The representatives  of Brazil , the European Union , the 
Bahrain , Kingdom  of, Moldova , Trinidad and Tobago , Japan , Montenegro , Ukraine , and Guatemala  
took the floor.  
5.  The Chair thanked delegations for the information provided on their notifications. He noted that 
notifications to the Council were not keeping up with the actual development of laws and regulations 
relating to TRIPS and empha sized that Article 63.2 of the TRIPS Agreement was not a one -off 
requirement. It was a core element of the TRIPS transparency arrangements, and a central part of 
the Council's substantive work. It obliged Members to notify any new or amended laws in the ar ea 
of TRIPS, including those recently adopted to address the COVID -19 pandemic. The requirement 
included the notification of legislative changes made to implement the special compulsory licensing 
system to export medicines covered by Article 31 bis of the T RIPS Agreement. The notification of all 
relevant laws and regulations could assist Members in preparing for the potential use of the System , 
which was a matter of immediate practical concern at that moment . It would also help the Secretariat 
in its efforts  to provide informed technical support to Members in this area.  IP/C/M/105  
 
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  6.  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 
Enforcemen t which was established by the Council as an element of Members' notification 
obligations.  
7.  The Chair recalled that all these notifications could be made through the e -TRIPS Notification 
Submission System  (NSS) . The Secretariat was available to respond to any question in that regard.  
8.  The Council took note  of the notifications and the statements made.  
2  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  
9.  The Chair recalled that the Council was preparing for the review of the national implementing 
legislation of Samoa.  As had been  agreed at the end of last year, the Council would  wait for the 
notification of Samoa's revised legislation following their 2018 accession to a number of World 
Intelle ctual Property Organization  (WIPO ) treaties1 before commencing the review. He propose d that 
the Secretariat remain in contact with Samoa on the progress of its new legislation ; and that the 
Council revert to the arrangements for Samoa's review at its next  meeting. While the re were no 
current reviews pending , he said  Members should feel free to revert to any matter raised in past 
reviews, or to make suggestions regarding further reviews. He would further welcome ideas on how 
to make best use of this agenda item. 
10.  The Council took note  of the information provided and agreed  to schedule  the arrangements for 
the review of Samoa's national implementation legislation as proposed by the Chair.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
11.  The Chair recalled that this item had been discussed in the Council since its informal open -
ended meeting on 19  June 2020 and had remained  on the Council's agenda at its formal meetings 
since then.  
12.  The item was on the agenda to facilitate exchange of views on measures undertaken as the 
pandemic persisted , and the Chair referred to the compilation "COVID -19: Measur es Regarding 
Trade -Related Intellectual Property Rights" on the WTO website which contained a non -exhaustive 
list of IP -related measures taken in the context of COVID -19, compiled by the Secretariat from 
official sources and verified by the Members concern ed. That the list was being updated continuously, 
even if the rate at which new measures were brought to the attention of the Council had slowed 
considerably since the last meeting. He encouraged Members to inform the Secretariat of any 
measures which shou ld be included on the list, as well as any update or information on the expiry – 
or end of application – of such measures.  
13.  The Chair recalled that paragraph 5 of the Decision on the TRIPS Agreement agreed at the 
12th Ministerial Conference (WT/MIN(22)/30) required Members to "communicate to the Council for 
TRIPS any measure related to the implementation of the Decision, including the granting of an 
authorization" as soon as possible after the adoption of the measure. Depending on the nature of 
measures that  Members might adopt under the TRIPS Decision, there could be an overlap between 
such communications and notifications of laws and regulations under Article 63.2 , which were being 
covered under item  1. To the extent that this was not the case, h e suggested  that the Council provide 
an update on such communications under this agenda item in the future.  
14.  The Chair further noted that paragraph 24 of the Declaration on the WTO Response to the 
COVID -19 Pandemic and Preparedness for Future Pandemics  agreed at the 1 2th Ministerial 
Conference (WT/MIN(22)/31)  read: "Relevant WTO bodies would, within their fields of competence, 
and on the basis of proposals by Members, continue or initiate work as soon as possible, to analy se 
lessons that had been learned and challenges experienced during the COVID -19 pandemic. A 
 
1 Samoa has acceded to the WIPO Madrid Agreement and Protocol in 2018, and to the Patent 
Cooperation Treaty, the Geneva Act of the Hague Agreement, and the Geneva Act of the Lisbon Agreement in 
2019.  IP/C/M/105  
 
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  stocktaking exercise would be taken of the work by WTO bodies under this declaration yearly at the 
General Council until the end of 2024, based on the reports of tho se relevant bodies."  
15.  He suggested that, as the Council had already initiated discussions on COVID -19-related 
experiences in the field of IP under this agenda item since June 2020, delegations continue these 
exchanges, as directed by paragraph 24 of the Dec laration, and that the Council would treat any 
proposals that Members might make in this regard under this item.  
16.  The representatives of  South Africa ; China ; Sri Lanka ; Pakistan ; and the United States  took the 
floor. 
17.  The Chair proposed to revert to the ite m at the next meeting to ensure that the exchanges 
could continue, including on the basis of the following:  
a. the updated Secretariat compilation of COVID -19 related IP measures,  
b. any communications  that might be received from Members under paragraph 5 of t he MC12 
TRIPS Decision, and  
c. any proposals Members might wish to make in the context of paragraph 24 of the WTO 
Declaration on Pandemic Response.  
18.  The Chair further suggested to rename the item as "IP and COVID -19" for the next Council 
meeting, in light of  the different matters being covered by this item .  
19.  The Council so agreed . The Council took note  of the information provided and the statements 
made; and agreed  to revert  to this item at its next meeting.  
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
20.  The Chair proposed to address these three agenda items together. He recalled that one tool for 
the review under item 4 was the information provided by Members in response to list s of questions 
on Article 27.3(b). He said that the Annual Report on Notifications and other Information Flows that 
had been introduced by the Secretariat at the Council's last meeting illustrated that responses to 
that checklist had been rather sparse recently . So far , only 28 Members had responded to the lists 
of questions on Article 27.3( b), with Saudi Arabia being the most recent Member to submit 
responses. The Chair thus encouraged Members to submit responses to these checklists, and to 
update their previous submissions if they were out of date , noting that the e -TRIPS Submission 
System provided an easy and convenient online tool for drafting and submitting responses.  
21.  The Chair indicated two long -standing procedural issues which had been discussed extensively 
on the record, at every regular meeting of the Council for almost ten years. The  first one was  the 
suggestion for the Secretariat to update three factual notes on the Council's discussions on the TRIPS 
and CBD and related items; these notes were initially prepared in 2002 and last updated in 2006. 
The second was the request to invite the CBD Secretariat to brief the Council on the Nagoya Protocol 
to the CBD, initially proposed in October 2010.   
22.  The Chair noted that the delegations' positions on these issues were well -known and had already 
extensively recorded in the Council's minutes and therefore suggested that delegations focus their 
interventions on suggestions on how to resolve differences and make progress on substantive issues.  
23.  The representatives of India; Tanzania,  on behalf of the African Group; Bangladesh ; Brazil ; 
Indonesia ; Sri Lanka ; Egypt ; Peru; the United States ; Canada ; China ; Japan ; and Chile took the 
floor. IP/C/M/105  
 
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  24.  The Council took no te of the statements made and agreed  to revert to these matters  at its next 
meeting.  
7  NON-VIOLATION AND SITUATION COMPLAINTS  
25.  The Chair recalled that the examination of scope and modalities for non -violation and situation 
complaints under TRIPS was in line with the initial mandate in Article 64.3 of the TRIPS Agreement, 
which had required recommendations to be submitted to the Ministerial  Conference in 1999.  
26.  He recalled that a t the 12th Ministerial Conference, Ministers had adopted a Decision on TRIPS 
non-violation complaints ( document WT/MIN(22)/26 ), which directed the TRIPS Council to continue 
its examination of the scope and modalities for non -violation and situation com plaints, and to make 
recommendations to the 13th Ministerial Conference. The Decision also provided that , in the 
meantime, Members would not initiate such complaints under the TRIPS Agreement.  
27.  He said that, d uring recent meetings  of the TRIPS Council , a fe w delegations had signalled 
openness to return to substantive discussions in this area . In March 2021, his predecessor had 
suggested  that Members could identify areas of agreement in the non -violation discussions. He  had 
suggested that identifying such are as, or elements, of agreement on the nature of non -violation and 
situation complaints could  help delegations focus their engagement on the areas of disagreement 
and thus make at some progress in framing the relevant questions for discussion.  
28.  The Chair inquired whether delegations were more at ease now to consider this or any other 
approach that might help identify common ground , in order  to get some movement in this long -
standing debate.  
29.  The representatives of Tanzania,  on behalf of the African Group ; India; Bangladesh ; Brazil ; 
Indonesia ; Sri Lanka ; Argentina ; Chile; China ; and South Africa  took the floor.  
30.  The Council took note  of the statements made and agreed  to revert to this matter at its next 
meeting.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
31.  The Chair recalled  that under this provision, the Council was required to conduct a review of 
the implementation of the Agreement once every two years . However, as the initial review in 1999 
had not been completed, no other rev iew ha d been initiated subsequently.  
32.  The Chair reiterated the point he had already set forth in his consultations preceding th e 
meeting that this review item ha d long been dormant on the TRIPS Council's agenda, while in other 
WTO agreements, similar genera l review mandates regularly had served as an opportunity to pursue 
in-depth discussions of particular aspects of implementation, as agreed by Members – often taking 
place in dedicated thematic sessions.  
33.  He recalled that the recent intensive discussions on the role of I ntellectual Property  in the 
pandemic response, and on the practical application of TRIPS flexibilities in different WTO Members, 
was only one example of delegations' keen interest in discussing these and other aspects of the 
implementation of the TRIPS Agreement. Equally intensive engagement on national IP systems was 
noticeable in the context of Trade Policy Reviews, where Members discuss ed detailed questions of 
individual approaches to implementation. He said that other aspects of implementation – such as 
enforcement had also been requested as ad hoc agenda items in the TRIPS Council in the past , and 
that all this indicate d that there was considerable interest in such implementation -related discussions 
among delegations.  
34.  The Chair said that the review mandated in Article 71.1 seem ed to have been intended as a 
forum for exactly this type of discussion . He wished to once again explore whether delegations would 
be ready to consider resuming this review which was, in fact, mandated by the text of the treaty , as 
this would give a more structured and inclusive home to these and similar discussions on the 
Council's agenda, and could establish a more  permanent discussion -culture around examples and 
experiences from implementing the Agreement.  IP/C/M/105  
 
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  35.  He said that, taking other practices in the house – such as the SPS or TBT reviews – as an 
example, a first step towards resum ing the review of the TRIPS Agreeme nt under this item could 
mean for Members to identify, and agree on, selected topics relevant to TRIPS implementation. 
These could then be discussed in dedicated sessions over a two -year period as foreseen in 
Article  71.1. 
36.  If Members could agree to revive the review function under this mandate, a possible first step 
would be a discussion in this regard under this agenda item. He stated that this could be followed 
by consultations on the exact process and possible topics for such a review cyc le before the next 
meeting . If Members were able to agree on a suitable approach and format , then a new review cycle 
under Art icle 71.1 could be commenced at one of the next Council meetings.  
37.  The Chair said that, having chaired the TRIPS discussions in the  last few months,  he took the 
view that  such regular discussions of concrete aspects of TRIPS implementation would be extremely 
useful to delegations. He said that they would not only illustrate Members' understanding of the 
scope of individual TRIPS oblig ation but would also help share concrete technical approaches to their 
implementation in different domestic legal systems and economies.  
38.  The Council took note  of the  information provided  and agreed  to revert to the matter at its next 
meeting.  
9  REVIEW OF THE  APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
39.  The Chair recalled that Article 24.2 of the TRIPS Agreement require d the Council to keep under 
review  the application of the TRIPS provisions on geographical indications.  The principal tool used 
for the review was the Checklist of Questions (document IP/C/13  and Add.1 ). He said that , of the 
164 WTO Members, only 52 had responded to the Checklist and most of the responses were likely 
to be out  of date, because they were submitt ed well over 10 years ago . This was despite the fact 
that G eographical Indications (GI)  protection was an active area of legal and policy development in 
a number of countries, as well as in a number of FTAs.  
40.  He encouraged delegations to consider submitting responses,  or updating initial responses , so 
that important developments were duly reflected in Members' contributions.  The e -TRIPS 
Submissions  System was once again available as an easy and convenient tool to prepare and submit 
these responses and updates . 
41.  The Chair suggested that Members , in line with the Council's recommendation made in March 
2010, also share information on bilateral agreements related to the protection of GIs which they 
were party to. He stated that this was an area  of considerable activity with direct bearing on the 
issue, and the sharing of updated information would be very helpful in promoting transparency . 
42.  The Council  agreed  to revert to that matter  at its next meeting.  
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
43.  The Chair recalled that the Council ha d regularly conducted annual reviews of technical 
cooperation and capacity -building activities at its end -of-year meeting and that these reviews were 
based on reports submitted by developed country Members, international organizations,  and the 
WTO Secretariat.  
44.  The representative of the  Secretariat  stated that this review was usually conducted at the 
Council's la st meeting of the year . Developed  country Members were invited to submit information 
on their activities pursuant to Article 67 of the TRIPS Agreement. Other Members who also engaged 
in technical cooperation were encouraged to share information if they so wish. Intergovernmental 
organizations with observer status in the TRIPS Council, as well as the WTO Secretariat, were also 
invited to report on their relevant activities . The requested written information should be made 
available four weeks prior to the next meeting, in order to allow timely circulation. In view of the 
dates of the next TRIPS Council meeting scheduled for 12 -13 October 2022, he suggested that 
written information be submitted by 12 September 2022  by using the e -TRIPS notification 
submission system  (NSS) . IP/C/M/105  
 
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  45.  As explained at previous occasions, submitting the information through the e -TRIPS NSS meant 
that the full search functio nality of the e -TRIPS gateway would be available and the information 
provided could be searched a nd interrogated according to providing Member, beneficiary, timeline 
or topic. If the information was submitted outside the e -TRIPS  submission system , the information 
was then available in e -TRIPS but could not be searched in the same manner, hence the 
encourage ment to use the e -TRIPS submission system.  
46.  The Chair suggested to proceed in line with this practice and conduct the next such review at 
the October meeting which was agreed by the Council.  
47.  The Chair noted  that the documentation provided on this topi c had been usually quite extensive , 
and that in order to ensure a streamlined and systematic approach to the management of this 
information , the use of the e -TRIPS Submissions System was advised for the convenient preparation 
of such submissions both in ca pital and at the Geneva missions. The Secretariat was available to 
provide support and background to delegations for the use of this system and could be contacted 
through the usual email e-trips@wto.org .  
48.  The Chair recalled that at the last TRIPS Council meetings in October 2021 and last March, it 
was suggested that the Secretariat consider organizing a workshop on technical cooperation and 
capacity  building in the same manner as it had organized the workshop o n incentives for technology 
transfer under Article 66.2 in recent years. He said that in response to this request, the Secretariat 
was exploring the possibility of such a workshop to be held in the margins of a TRIPS Council meeting 
next year and that more  information would be provided as plans for such a workshop concretize.  
49.  The Chair drew attention  to a joint trilateral website that had been set up with the WTO's sister 
organization s. This WHO-WIPO -WTO COVID -19 Technical Assistance Platform aimed to help 
Members and WTO accession candidates address their capacity -building needs to respond to the 
COVID -19 pandemic . It offered a one -stop shop for Members to facilitate and provide timely and 
tailored technical assistance, upon request, in making full use of a ll available options to access 
vaccines, medicines and technologies, including through coordination and exchange between 
Members facing similar  challenges. Information on this platform could be found on the websites of 
the three organizations and that ther e was also some printed material at the back of the room.  
50.  The representatives of Bangladesh ; Republic of Moldova  and World Intellectual Property 
Organization (WIPO)  took the floor.  
51.  The Council took note  of the statements and agreed  to revert to the item at  its next meeting.  
11  PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED 
ON 17 JUNE 2022  
52.  The Chair recalled that on 17 June 2022, the 12th Ministerial Conference had adopted a 
Ministerial Decision on the TRIPS Agreement which aimed to improve the capacity of developing 
country Members to produce and supply COVID -19 vaccines to other eligible Members. Paragraph  8 
of the Decision provided that  no later than six months from the date of this Decision, Members w ould 
decide on its extension to cover the production and supply of COVID -19 diagnostics and therapeutics.  
53.  The Chair recalled that barely three weeks ha d passed since the Ministerial Confere nce, which 
was concluded on 17 June, and that some were still recovering from the intense negotiations. He  
did not expect that Members had had time to  prepare an in -depth position on the complex question 
of extending  this decision to additional products, s uch as therapeutics and diagnostics. He also 
recalled from the negotiations during the 12th Ministerial Conference, that one reason for postponing 
a decision on extension to 6 months after adoption was that certain Members did not have a mandate 
to conside r covering diagnostics and therapeutics, and that they would need the six months for 
discussions in their domestic arena to obtain such a mandate.  He therefore assumed that Members 
would need time to prepare their engagement in this regard . and what could be expect ed at this 
first consideration of the topic would be a sharing of views on how best to approach the matter going 
forward.  
54.  The representatives of South Africa ; Uruguay ; Pakistan ; Maldives ; Ukraine ; Egypt ; Tanzania,  on 
behalf of the African Group; Bangladesh ; Indonesia ; Argentina ; Sri Lanka ; China ; India; the IP/C/M/105  
 
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  Russian  Federation ; Hong Kong , China ; Chile; Bolivia, Plurinational  State of ; Australia ; Brazil ; the 
United Kingdom ; Singapore ; Norway ; Canada ; Japan ; Korea, Republic of ; the European Union ; 
Malaysia ; the United States ; New Zealand ; Nicaragua ; Thailand ; Switzerland ; Panama ; Mexico ; and 
Peru took the floor.  
55.  The Chair said he had carefully listened to Members ' views on how work in the Council  should 
proce ed on this very important matter.  He said he recognized, as many delegations had, that this 
was a ministerial decision with a tight timeline and that the matter therefore needed to be treated 
with urgency. He also recognized that a number of delegations ne eded to consult with their capitals 
in order to agree on a proper framework for this decision.  
56.  He confirmed that there was a commitment by the Council to keep this matter alive until the 
decision was finalized. As regards reporting to the General Council, he noted that the next meeting 
was scheduled for 25 -26 July, which was only 20 days away, and that therefore chances were slim 
that the TRIPS Council would have a lot to report by that time, given also that other meetings like 
the WIPO Assemblies were taki ng place in the meantime. Against this background , he suggested 
that it would be the best use of time if Members themselves brought their assessment of the 
discussions to the attention of the General Council during the next meeting.  
57.  With respect to continuing discussions , which  he as Chair  was committed to , he said it was 
important for meaningful discussions to start as soon as delegations were ready to engage on the 
substance of this rather complex question. It was important to carefully balance the  urgent need to 
take this decision before the deadline in December as well as the time for domestic consultations 
necessary for some to proceed. In designing the proper framework on how to engage in this process 
it was also important to ensure that discuss ions were open, inclusive and transparent  - as had been 
emphasized by many delegations.  
58.  He said that the experience of the negotiations leading to the Ministerial Decision suggest ed 
that, in the meantime, bilateral discussions and small group discussions could be extremely helpful 
to work out a proper framework around which a decision could  be constructed by consensus – which 
remained an absolute requirement with respect to decisions by the Council and by the WTO. He 
therefore encouraged bilateral and small  group meetings in the meantime , and said that this 
certainly remain ed a very active matter, that it would be properly discussed and the decision arrived 
at within the timeframes set by the ministerial decision.  
59.  This Council took note of statements made an d agreed  to revert  to this matter at its next 
meeting.   
12  INTELLECTUAL PROPERTY AND INNOVATION: IP LICENSING OPPORTUNITIES  
60.  The Chair recalled that this item ha d been put on the agenda at the request of Australia; 
Canada; the European Union; Hong Kong, China; Japan; Singapore; Switzerland; Chinese Taipei; 
the United Kingdom; and the United States . A communication with the same title ha d been circulated 
(document IP/C/W/691 ). 
61.  The representatives of the United States ; Australia ; Uruguay ; Singapore ; Chinese Taipei ; 
Japan ; the United Kingdom ; the European Union ; Switzerland ; Canada ; Hong Kong , China ; China ; 
Chile; and World Intellectual Property Organization (WIPO)  took the floor.  
62.  The Council took note  of the statements made.  
13  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
63.  The Chair recalled that the purpose of this agenda item was to keep Members informed of 
developments in other WTO bodies which were relevant to TRIPS matters and that no discussion 
was required, but delegations could comment if they so wished.  
64.  Regarding development s relating to the TRIPS amendment , the Chair indicated that the 
delegations of Eswatini and the Maldives had deposited their instrument of acceptance on 23 May 
and on 20 April 2022, respectively. He said that , with that, 136 Members had accepted the TRIPS 
amendment and he encouraged the remaining 28 Members to expedite action. Under the General IP/C/M/105  
 
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  Council Decision of 23 November 2021 (document WT/L/1122 ) the period for acceptance of the 
Protocol had been extended until 31 December 2023.  
65.  The Chair recalled that the 12th Ministerial Conference had been held in Geneva only two weeks 
before , from the 12th to the 17th of June , and that the successful Conference had produced a 
number of documents related to the TRIPS Agreement.  
a. Ministers had adopted a Decision on TRIPS Non -Violation and Situation Complaints 
(document WT/MIN(22)/26 ), whi ch had been discussed earlier under agenda item 7. This 
Decision had extended the so -called "moratorium" on non -violation and situation 
complaints to MC13 and had instructed the Council to continue its examination of the 
scope and modalities for such compl aints and make recommendations to MC13;  
b. The Ministerial Decision on the TRIPS Agreement (document WT/MIN(22)/30 ) aimed to 
improve the capacity of developing country Members to produce and supply COVID -19 
vaccines to other eligible Members. Paragraph 8 of this Decision had been the to pic of 
agenda item 11 at the present meeting. In relation to this Decision, the Chair's statement 
during the final Heads of Delegations meeting at MC12, reporting on the process that 
ultimately concluded in the adoption of the Decision, had been circulated  on 20 June as 
document IP/C/W/689 . This had been followed on 22 June by document IP/C/W/690 , 
which provided a record of developing country Members that had made a binding 
commitment not to avail themselves of the Decision. This document would be updated as 
needed;  
c. The Ministerial Declaration on the WTO response to  the COVID -19 pandemic and 
preparedness for future pandemics (document WT/MIN(22)/31 ). This declaration recalled 
the Ministerial Decision on the TRIPS Agreement mentioned above and reiterated that the 
TRIPS Agreement did not and should not prevent Members from taking measures to 
protect public health. It also reaffirmed that Members had the right to use the flexibilities 
of the TRIPS Agreement and the Doha Declaration on the TRIPS Agreement and Public 
Health of 2001 to protect public health, including in future pandemics. Paragraph 24  of 
this Declaration had been mentioned under agenda item 3;  
d. The Ministerial Decision on the Work Programme on Electronic Commerce 
(document  WT/MIN(22)/32 ), based on its original mandate, included instructions for the 
TRIPS Council. The Decision invited reports to be submitted from t he relevant WTO bodies 
for periodic reviews to be held by the General Council; and  
e. A Secretariat Note entitled "WTO Secretariat's Work in the Context of the COVID -19 
Pandemic"  had been circulated in document WT/MIN(22)/34 . This note provided a non -
exhaustive overview of the work undert aken by the Secretariat to assist Members to 
address the COVID -19 pandemic. It also provided information on pandemic -related work 
in select WTO bodies, including the TRIPS Council.  
66.  The representative of the Secretariat  reported IP -related issues that had b een considered in the 
context of individual Members' trade policy reviews.  
67.  The Council took note  of the information provided.  
14  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
68.  The Chair recalled that the updated list of pending requests fo r observer status in the TRIPS 
Council by intergovernmental organizations was contained in document IP/C/W/52/Rev.14  and that 
information provided by the relevant intergovernmental organizations concerned had been available 
on the Members' website.   
69.  The representative s of China ; Bangladesh ; Indonesia ; Venezuela, Bolivarian Republic of ; the 
United States ; Egypt ; Tanzania  and South Africa  took the floor.  
70.  The Council took note  of the statements made and agreed to revert  to the matter at its next 
meeting.  IP/C/M/105  
 
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  71.  The Chair recalled that in November 2012, the Council agreed to grant ad hoc  observer status 
on a meeting -to-meeting basis to the European Free Trade Association (EFTA) and since then, this 
invitation had been renewed at  each meeting. He suggested that the EFTA be once again invited to 
attend the Council's next formal meeting as an observer on an ad hoc  basis.  
72.  It was so agreed .  
15  OTHER BUSINESS  
15.1  Annual Review of the Special Compulsory Licensing System  
73.  The Chair recalled  that at a special meeting in 2017, the Council had taken note of the entry 
into force of the amended TRIPS Agreement and that , at that time, Members had said this would 
also be the moment to consider in greater detail how the Special Compulsory Licensing Sys tem could 
be effectively used as a practical procurement tool to respond to public health needs. Members had 
also proposed a number of accompanying measures, including legislative advice to implement the 
mechanism into domestic law and capacity -building ac tivities.  Since then, some Members had made 
efforts to use the system in the context of their pandemic response and that their next annual review 
of the System could, therefore, be guided by the issues that Members had already identified in the 
past as wel l as the more recent experiences of Members that were currently using the system.  
74.  The Chair suggested that,  as part of the upcoming annual review, Members might also wish to 
consider discussing any measures taken to implement and use the Special Compulsory  Licensing 
System under Article 31 bis of the TRIPS Agreement into domestic law, including in the context of 
COVID -19. He encouraged Members to make proposals on how to take this issue forward and 
expressed his intention to consult with Members on how to pr epare for a meaningful review.  
15.2  20th Annual Review under Paragraph 2 of the Decision on the Implementation of 
Article 66.2 of the TRIPS Agreement  
75.  The Chair recalled that Paragraph 1 of the Decision provided that developed country Members 
should submit annually reports on actions taken or planned in pursuance of their commitments under 
Article 66.2 and for this purpose, they must provide new detailed reports every third year and, in 
the intervening years, provide updates to their most recent reports. As 2022 was an intervening 
year, developed country Members were expected to provide updates to their reports . Paragraph 2 
of the Decision provided that the Counci l should review these reports at the last meeting of the year.  
76.  The Chair suggested that the developed country Members submit their reports by 
12 September  2022 – i.e., the same date as the deadline for submission of Technical Assistance 
Reports. This submission date was about four weeks before the last TRIPS Council meeting of the 
year, which was scheduled for 12 -13 October  2022,  and would therefore allow for timely circulation 
of the documents.  The kind of information to be provided in the reports was specified in paragraph 
3 of the Decision. He stated that , in the past, Members had considered some practical approaches 
to streamlining their submission and managem ent of this information.  
77.  The Chair suggested that reporting members use the e -TRIPS Submission System to submit 
this information, just as with reports under Article 67 . Members who had used e -TRIPS to submit 
their reports in prior years could take advantag e of system efficiencies to save time in preparing this 
year's reports. He suggested that those who were yet to submit their reports via e -TRIPS to 
overcome their hesitancy in order to improve the accessibility of this valuable information via the 
e- TRIPS  Gateway. He said that the Secretariat had created guidance materials and was available to 
provide practical advice on request.  
78.  The Chair informed Members that the Secretariat was planning for the 15th Workshop on 
Technology Transfer back -to-back with the Council's meeting in early 2023. He said that the 
Secretariat would be in touch with the delegations concerned to prepare for the Workshop.  
79.  The representative of the Secretariat  took the floor.  
80.  The Council  agreed  to proceed as indicated and  took note of the information provided . IP/C/M/105  
 
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  15.3  Work Programme on Electronic Commerce  
81.  The Chair recalled that the Ministerial Decision on the Work Programme on Electronic Commerce  
adopted at MC12 aim ed to reinvigorate the Work Programme based on the original mandate , and 
provided for the General Council to periodically review work based on reports submitted by relevant 
WTO bodies. The TRIPS Council ha d had discussions relating to the E -commerce Work Pro gramme 
in 2019 and 2020 , when a number of delegations had supported making this a standing item on the 
TRIPS Council's agenda . Others, however, had  preferred that the topic only be taken up on the basis 
of proposals by Members.  
82.  He said he had not detected any movement of positions in this regard . Also, no delegation had 
requested that an ad hoc  item on the Work Programme on Electronic Commerce be added to the 
agenda this time. Therefore , he said , if requested to provide an update on the work carried out in 
the TRIPS Council, he would report to the General Council accordingly.  
83.  The Chair invited delegations who wished to see certain issues addressed by th e Council under 
the Work Programme on Electronic Commerce , to request the inclusion of an ad hoc  item on th e 
agenda of the next meeting . He said he remain ed open to share ideas on possible ways forward on 
this issue.  
15.4  Date of Next Meeting  
84.  The Chair said that, as agreed by the TRIPS Council in October 2021,  the next formal  meeting  
was scheduled for 12 -13 October 2022 . 
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