RESTRICTED  
  
IP/C/M/108/Add.1  
18 October  2023 
(23-7027) Page: 1/57 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
  
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 14 -15 JUNE  2023 
Chair: H.E.  Ambassador Dr Pimchanok P itfield (Thailand)  
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held on 
14-15 June 2023.  
 
_______________  
 
 
Contents  
1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ .........  4 
2  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  ................................ .............  10 
3  IP AND COVID -19 ................................ ................................ ................................ ....... 10 
4  REVIEW OF THE PROVISIONS OF ARTICLE  27.3(B)  ................................ ....................  13 
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................  13 
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ .... 13 
7  NON-VIOLATION AN D SITUATION COMPLAINTS  ................................ ........................  19 
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER  
ARTICLE  71.1 ................................ ................................ ................................ .................  22 
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL IND ICATIONS UNDER ARTICLE  24.2 ................................ ....................  23 
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ............  23 
11  PARAGRAPH  8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT  
ADOPTED ON 17 JUNE  2022  ................................ ................................ ...........................  27 
12  INTELLECTUAL PROPERTY AND THE  1998 WORK PROGRAMME ON ELECTRONIC 
COMMERCE  ................................ ................................ ................................ .....................  38 
13  IP AND INNOVATION: RESEARCH COLLABORATION ACROSS BORDERS  ...................  43 
14  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ................  56 
15  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ ...........  56 
16  OTHER BUSINESS  ................................ ................................ ................................ ..... 57 
 
  IP/C/M/108/Add.1  
- 2 - 
  INDEX OF THE STATEMENTS MADE  
AT THE MEETING OF COUNCIL FOR TRIPS 14-15 JUNE  2023 * 
 
Argentina  
Article 71 - Review  ..............................  24 
Non-violation and situation complaints  ... 22 
Australia  
E-commerce  ................................ ....... 41 
IP and Innovation  ...............................  47 
Bangladesh  
Biotech, Biodiversity, TK  ......................  15 
Non-violation and situation complaints  ... 20 
Para 8 of the MC12 TRIPS Decision  ........  31 
Technical Cooperation  ..........................  28 
Brazil  
Biotech, Biodiversity, TK  ......................  19 
Para 8 of the MC12 TRIPS Decision  ........  37 
Cambodia  
Para 8 of the MC12 TRIPS Decision  ........  37 
Canada  
Biotech, Biodiversity, TK  ......................  19 
IP and Innovation  ...............................  52 
Non-violation and situation complaints  ... 21 
China  
Biotech, Biodiversity, TK  ......................  16 
E-commerce  ................................ ....... 40 
Non-violation and situation complaints  ... 21 
Observer Status for International 
Intergovernmental Organizations  ........  58 
Para 8 of the  MC12 TRIPS Decision  ........  30 
Colombia  
Article 71 - Review  ..............................  24 
IP and COVID -19 ................................  13 
Non-violation and situation complaints  ... 21 
Observer Status for International 
Intergovernmental Organizations  ........  58 
Costa Rica  
Notifications  ................................ ........  8 
Djibouti, on behalf of the LDC Group  
E-comm erce ................................ ....... 41 
IP and COVID -19 ................................  13 
IP and Innovation  ...............................  56 
Para 8 of the MC12 TRIPS Decision  ........  31 
Technical Cooperation  ..........................  28 
Ecuador  
Biotech, Biodiversity, TK  ......................  17 
El Salvador  
Para 8 of the MC12 TRIPS Decision  ........  32 
European Union  
E-commerce  ................................ ....... 43 
IP and COVID -19 ................................  14 
IP and Innovation  ...............................  54 
Non-violation and situation complaints  ... 23 
Notifications  ................................ ... 6, 11 
Para 8 of the MC12 TRIPS Decision  ........  34 
Hong Kong, China  
IP and Innovation  ...............................  50 
Non-violation and situation complaints  ... 22 
Notifications  ................................ ........  9 
Para 8 of the MC12 TRIPS Decision  ........  38 India  
Biotech, Biodiversity, TK  ......................  14 
E-commerce  ................................ ...... 42 
IP and COVID -19 ...............................  14 
Non-violation and situation complaints  .. 23 
Para 8 of the MC12 TRIPS Decision  ....... 34 
Indonesia  
Biotech, Biodiversity, TK  ......................  15 
E-commerce  ................................ ...... 41 
IP and COVID -19 ...............................  12 
IP and Innovation  ...............................  55 
Non-violation and situ ation complaints  .. 22 
Observer Status for International 
Intergovernmental Organizations  ....... 57 
Para 8 of the MC12 TRIPS Decision  ....... 31 
Japan  
Biotech, Biodiversity, TK  ......................  18 
IP and Innovation  ...............................  48 
Notifications  ................................ ........  5 
Para 8 of the MC12 TRIPS Decision  ....... 35 
Korea, Republic of  
Biotech, Biodiversity, TK  ......................  19 
Non-violation and situation complaints  .. 21 
Notifications  ................................ ...... 10 
Para 8 of the MC12 TRIPS Decision  ....... 37 
Maldives  
IP and COVID -19 ...............................  13 
Moldova  
Non-violation and situation complaints  .. 23 
Notifications  ................................ ........  8 
Nepal  
Para 8 of the MC12 TRIPS Decision  ....... 32 
Nigeria  
Biotech, Biodiversity, TK  ......................  18 
Non-violation and situation complaints  .. 22 
Peru  
Biotech, Biodiversity, TK  ......................  16 
Non-violation and situation complaints  .. 20 
Para 8 of the MC12 TRIPS Decision  ....... 32 
Russian Federation  
Notifications  ................................ ...... 11 
Singapore  
IP and Innovation  ...............................  47 
Para 8 of the MC12 TRIPS Decision  ....... 38 
South Africa  
Article 71 - Review  .............................  23 
Biotech, Biodiversity, TK  .................  16, 18  
E-commerce  ................................ . 39, 44  
IP and COVID 19  ................................  11 
Non-violation and situation complaints  .. 23 
Para 8 of the MC12 TRIPS Decision  .. 28, 38  
Switzerland  
E-commerce  ................................ ...... 43 
IP and Innovation  ...............................  51 
Non-violation and situation complaints  .. 20 
Para 8 of the MC12 TRIPS Decision  ....... 34 
 IP/C/M/108/Add.1  
- 3 - 
  Chinese Taipei  
IP and Innovation  ...............................  44 
Tanzania  
E-commerce  ................................ ....... 41 
Tanzania, on behalf of the African Group  
Biotech, Biodiversity, TK  ......................  17 
Non-violation and situation complaints  ... 22 
Para 8 of the MC12 TRIPS Decision  ........  33 
Thailand  
Biotech, Biodiversity, TK  ......................  18 
Non-violation and situation complaints  ... 23 
Para 8 of the MC12 TRIPS Decision  ........  35 
Ukraine  
Notifications  ................................ ........  7 
United Kingdom  
Article 71 - Review  ..............................  24 
IP and COVID -19 ................................  14 
IP and Innovation  ...............................  49 
Non-violation and situation complaints  ... 21 Para 8 of the MC12 TRIPS Decision  ....... 36 
United States of America  
Biotech, Biodiversity, TK  ......................  17 
E-commerce  ................................ ...... 43 
IP and COVID -19 ...............................  12 
IP and Innovation  ...............................  45 
Non-violation and s ituation complaints  .. 20 
Notifications  ................................ ...... 11 
Observer Status for International 
Intergovernmental Organizations  ....... 58 
Para 8 of the MC12 TRIPS Decision  ....... 33 
World Intellectual Property Organization  
IP and Innovation  ...............................  56 
WTO Secretariat  
Information on Relevant Developm ents 
elsewhere in the WTO  ......................  57 
Notifications  ................................ ........  5 
Technical Cooperation  ....................  24, 28  
 
 
 
 
* A record of statements as delivered in the formal session of the Council. Some statements have been lightly 
edited as appropriate to ensure the consistency of presentation.  
 
  IP/C/M/108/Add.1  
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
1.1  WTO Secretariat  
1.  The Council has received the following notifications f rom Members since its meeting in 
March  2023. Under Article 63.2:   
a. A number of the member States of the European Union have notified a number of primary 
and secondary domestic laws : 
i. Ireland has notified a significant number of laws and regulations relating to the 
substance and the administration of its IP system.   
ii. Portugal  has notified laws on the collective management of copyright and related 
rights, on copyright exceptions for the benefit of blind people, on the monitoring, 
contro l and removal of protected content in a digital environment, and on formality 
requirements re lating to applications for industrial property grants.   
iii. Slovenia has notified consolidated versions of its Copyright and related Rights Act and 
of its Act regulating Collective Management of these Rights.   
iv. The Czech Republic has notified an amended Act on Geographical Indications, and an 
amendment to its Copyright Act.   
b. Ukraine has notified an amended Copyright Act, and an Act to harmonize legislation in the 
area of Plant Varieties and Seed Production with EU legislation.   
c. Moldova has notified a law on Copyright and related Rights updating and modernizing its 
copyright legislation and implementing a number of international treaties.   
d. Montenegro has notified amendments to its Law on Trademarks.   
e. Korea has notified a number of  amendments and consolidated versions including its Patent 
Act, its Trademark Act, its Design Protection Act, its Utility Model Act and its Copyright 
Act, as well as related Enforcement Decrees.   
f. Costa Rica has notified a number of laws and regulations rel ating inter alia  to Copyright 
and related Rights, on Patents, on Trademarks, on Protection of Topographies for 
Integrated Circuits, and on IP Enforcement, as well as the creation of an interinstitutional 
commission for IP protection.   
g. Japan has notified co nsolidated versions of the Patent Act, its Trademark Act, and the 
Designs Act.   
h. Hong Kong, China has notified its Copyright Amendment Ordinance which covers a number 
of areas, mainly to strengthen copyright protectio n in the digital environment.   
Under Art icle 69 , as regards contact points for IP enforcement under Article 69, Montenegro and 
Türkiye  have notified such contact points since the last meeting.   
 
2.  This concludes the overview of notifications received since our meeting in March  2023.  
1.2  Japan  
3.  This delegation is pleased to inform the Council that Japan recently amended its Patent Act, 
Design Act and Trademark Act. These amend ments have been notified to this Council in accordance 
with Article 63.2. The reference numbers are IP/N/1/JPN/67 , IP/N/1/JPN/68 , and IP/N/1/JPN/ 69.  
4.  We would now like to take this opportunity to briefly explain the amendments.   IP/C/M/108/Add.1  
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  5.  Firstly, amendments were made to the Patent Act, Design Act and Trademark Act to relax the 
requirements for restoring those rights that w ere lost due to the failure to comply with prescribed 
time limits.   
6.  The revised Acts relaxed the requirements for the restoration of rights from "legitimate reasons ", 
which corresponds to "due care " in the Patent Law Treaty, to "unintentional, " under which  such 
rights can be restored unless the delay is intentional.  
7.  Secondly, an amendment to the Trademark Act simplified the procedures for notifying applicants 
of the decisions regarding their international trademark applications. This amendment enabled the 
Japanese government to send certain kinds of notifications to applicants electronically via the 
International Bureau of WIPO, in lieu of postal mail.  
8.  The Government of Japan will continuously fulfill its obligation to ensure the accessibility and 
transpar ency of the Japanese intellectual property system.  
1.3  European Union  
9.  Slovenia provided two notifications, IP/N/1/SVN/9  and IP/N/1/SVN/10 . 
10.  IP/N/1/SVN/9  is a new Slovenian Copyright and Related Rights Act, which regulates the right of 
authors with respect to their works of literature, science and art and the rights of performers, 
producers of phonograms, film producers, broadcasting organizations, publishers and makers of 
databases, and transposes the latest EU directives 2019/789 and 2019/790.   
11.  IP/N/1/SVN/10  is a n ew Slovenian Act Regulating Collective Management of Copyright and 
Related Rights and it  transposes EU Directive 2014/26/EU into the legislation of the Republic of 
Slovenia. It regulates the collective management of copyright and related rights, the procedure for 
granting permits to collectively manage such rights, the procedure for concludin g common 
agreements and setting tariffs for the use of copyright works, the operation of the Copyright Board, 
the procedure for multi -territorial licensing of online rights in musical works, dispute settlement, and 
the supervision of the implementation of this Act.   
12.  Now let me please conclude with the presentation of the Portuguese  notifications and again this 
is a continuation of previous notifications going back to October 2022 and March 2023 TRIPS Council 
meetings.   
13.  Portugal provided four notifications, IP/N/1/PRT/4 , IP/N/1/PRT/5 , IP/N/1/PRT/6 , and  
IP/N/1/PRT/7 .  
14.  IP/N/1/PRT/4  is the Decree -Law No 100/2017 of 23 August  2017 amending the Law regulating 
collective management organizations  for copyright and related rights and the multi-territorial 
licensing of rights in musical works for online use in the internal market is the first amendment to 
Law no. 26/2015, of 14 April  2015, transposing EU Directive no. 2014/26/EU, on the collective 
management of copyright and related rights and the granting of multi -territorial licen ces for musical 
works for online use in the inte rnal market, and amending the Copyright and Related Rights Code 
and the equitable compensation table attached to Law No. 62/98, of 1 September  1998.  
15.  IP/N/1/PRT/5  is the  Order No 6142/2019 of 4 July  2019, laying down rules on the formal 
requirements for applications and documents for the investigation of applications for the grant of 
industrial property rights.   
16.  IP/N/1/PRT/6  is Law No 92/2019 of 4 September establishing the permitted uses of works for 
the benefit of blind persons and decriminalizing  unauthorised public performance of commercially 
published phonograms and videograms . It establishes the permitted uses of works for the benefit of 
blind people, transposing Directive (EU) 2017/1564, of the European Parliament and of the Counci l, 
and decriminalizes the unauthorized public performance of commercially edited phonograms and 
videograms (Fourteenth amendment to Decree -Law No. 63/85, of 14 March  1985, second 
amendment to Decree -Law No. 252/94, of 20 October  1994, third amendment to De cree-Law No. 
332/97, of 27  November  1997, and first amendment to Decree -Law No. 122/2000, of 4 July  2000).  IP/C/M/108/Add.1  
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  17.  IP/N/1/PRT/7  is Law No 82/2021 of 30 November 2021 establishing procedures for monitoring, 
removing and preventing access in the digital environment to content protected by copyright and 
related rights . It concerns i nspection, control, removal, and impedime nt of access in a digital 
environment to protected content.   
1.4  Ukraine  
18.  Ukraine is pleased to inform the TRIPS Council that despite the ongoing Russia 's war of 
aggression and intensive missile and drone attacks we continue to imp rove our IP system and to 
fulfil our international obligations undertaken in the framework of the WTO.   
19.  In particular, to comply with the transparency principle we have notified the TRIPS Council on 
recent amendments to our main dedicated IP legislation by  two submissions.  
20.  The first notification (IP/N/1/UKR/16) concerns the Law of Ukraine "On Copyright and Related 
Rights " that was adopted with the aim of regulating relations in the field of acquisition, exercise and 
protection of copyright and related righ ts, as well as sui generis  rights. It has replaced the text of 
the previously notified Law of Ukraine "On Copyright and Related Rights ". The new Law had been 
developed in the context of Ukrain e's commitments on implementation of appropriate Directives of 
the European Union, in line with the Ukraine -EU Association Agreement.   
21.  The main novels of this Law include as following:   
a. the range of definitions of basic terms has been revised, introducing new essential 
descriptions for works and specific kinds of works , performances, phonograms, 
videograms and sui generis  objects as well as updating the definitions of types of use and 
other attributable elements;   
b. distinctive legal status of copyright and related rights owners has been introduced in order 
to provide eligible differences from licensees  of material rights;  
c. legal treatment for unalienable rights to equitable remuneration for authors, performers, 
phono gram and videogram producers has been introduced into the Law with detailed 
provisions for certain terms of use of these objects;  
d. means of free legitimate use of copyright and related rights objects have been extended 
and supplemented for specific cases;   
e. the term of copyright protection has been extended to 70 years after author 's life as a 
basic principle;   
f. the method of compensation instead of claiming damages or losses has been introduced.   
22.  Let's now proceed with another notification (IP/N/1/UKR/17) su bmitted by Ukraine. It presents 
the Law of Ukraine amending certain legal acts in the field of plant variety rights protection to 
harmonize them with the provisions of the EU legislation as well.  
23.  The purpose of this Law is to optimize legal regulation in the field of obtaining and use of rights 
to plant varieties in accordance with the best international rules and practices.   
24.  The Law improves appropriate terminology, streamlines functions and powers of the competent 
authority, contains updated provisions o n the rights to variety, including intellectual property rights, 
confirmed by the patent on the plant variety, and property right to spread the variety, certified by 
state registration . It also clarifies conditions and procedure of their acquisition.  
25.  The Law intends to improve the procedure of state registration and to simplify application 
process by implementing the possibility of obtaining electronic services for filing applications and 
cutting bureaucratic red tapes.  IP/C/M/108/Add.1  
- 7 - 
  26.  It also sets new terms of intellect ual property rights validity: thirty years - for varieties of tree 
and shrub crops and grapes, and twenty -five years - for all other varieties, started on the day 
following the date of state registration of the right.   
27.  We expect that implementation of prov isions of this Law will promote use and commercialization 
of new plant varieties and improve access to modern and effective seeds and planting material for 
agricultural producers, create state -of-the-art regulation in this field, bringing Ukrainian legisla tion 
closer to the EU legislation. Both laws have already entered into force.   
28.  With this in mind, let us reassure WTO Members that we will continue to comply with our 
notification obligations and to inform about development of our IP legislation while cons idering such 
work as of high priority and great importance, including for rebuilding and recovery of Ukraine.   
1.5  Moldova  
29.  First of all let me thank Ukraine and commend them for their continued work and commitment 
to this Organiza tion despite the ongoing war initiated by Russia on their territory  and we would like 
to reiterate that Moldova stands in solidarity with Ukraine and their people and we will stay in 
solidarity as long as it takes.   
30.  Referring to our notifications , we would  first of all  like to thank the WTO Secretariat for 
introducing the updates of Member 's notifications including Moldova 's notifications which was 
submitted  under Article 63.2 of the TRIPS Agreement under the  reference number IP/N/1/MDA/18 .  
31.  For the sake  of brevity, I will present the notified changes in a comprehensive manner. Short 
descriptions of every notified modification are included in the document mentioned above, however, 
several points are important to mention, namely the purpose of the new  Law No. 230 of 28.07.2022 
on Copyright and Related Rights  which is to ensure the protection of copyright and related rights in 
the Republic of Moldova. Law 230/2022 replaced the former Law on Copyright and Related Rights 
139/2010. In comparison  to the form er Law 139/2010, the new Law no. 230/2022 seeks to improve 
the copyright system in Moldova, adjusting it to the technological developments and digital 
environment and to enhance the efficiency of the collective management system, in line with the 
internati onal treaties and EU legislation in the field.  
32.  The new act ensures the implementation of the provisions of the Beijing Treaty on Audiovisual 
Performances, Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, 
Visually Impaire d, or Otherwise Print Disabled. It also transposes a series of European directives  as 
mentioned in the notification.   
33.  Concluding, my delegation would like to take this opportunity to thank the WTO Secretariat, 
particularly Ms Natalie Carlson and Ms Sandra Smith, Josefita  Pardo de Leon  and Francisco  
Hernández Fernández  for their continued support and assistance in the process of updating our 
notification s through the e -TRIPS Submission System  that we find very valuable.  
1.6  Costa Rica  
34.  Costa Rica is grateful for the opportunity to discuss the notifications that we have submitted 
under this item on the Council 's agenda.  
35.  I would like to reiterate that Costa Rica 's regulatory developments in the field of intellectual 
property right p rotection reflect the implementation of international trade commitments and a 
country -wide effort that recognizes the importance of intellectual property rights as a development 
tool.  
36.  Further to our previous statement, I would like to point out that Costa  Rica approved the 1991 
version of the International Convention for the Protection of New Varieties of Plants (UPOV 1991) 
and issued a Law for the Protection of New Varieties of Plants and its respective regulations, which 
made it possible to establish an applicable sui generis  system.  
37.  With regard to  test data, the a mendments to the law on undisclosed information and its 
regulations  established a protection term of five years for new pharmaceutical products and ten IP/C/M/108/Add.1  
- 8 - 
  years for new agricultural chemical produc ts. For these purposes, new products are considered to 
be those that do not contain chemical entities previously approved in Costa Rica.   
38.  On the basis of reforms to the Law on Patents and its regulations, Costa Rica established a 
compensation period of 18 months in the event of procedural delays in the granting either patents 
or commercial authorization  approval. Patent term restoration applies when delays last five years or 
more from the patent filing date, three years or more from the request for substantial examination, 
or three years or more for the commercial authorization of medicines.  
39.  In addition , a patent linkage system was also established to ensure that a marketing permit 
cannot be approved for products identified as patented.  
40.  It should be noted that legislation on the enforcement of intellectual property rights was 
amended in relation to administrative, civil and criminal sanctions. Some penalties were adjusted to 
make the sanctions dissuasive, and a system of pre-established  damages was developed for cases 
in which the amount of damages cannot be determined.  
41.  For trademark, copyright and related offences, a graded system was established, proportional 
to the damage caused.  
42.  In criminal matters, it is up to the judge to determine on a case by case basis whether pecuniary 
or prison sentences apply.  
43.  I reiterate my delegation 's thanks to officials from the Secretariat 's Intellectual Property, 
Government Procurement and Competition Division for their assistance in the submission of the se 
notifications   
44.  On that note, I conclude my statement and express our readiness to respond to Members ' 
questions.  
1.7  Hong Kong, China  
45.  Pursuant to Article 63.2 of the TRIPS Agreement, Hong Kong, China submitted, on 12 M ay 2023, 
notification IP/N/1/HKG /40. 
46.  The notification is related to the amendment to the Copyright Ordinance under the Copyright 
(Amendment) Ordinance 2022 to strengthen copyright protection in the digital environment. The 
Amendment Ordinance mainly co vers five key areas:  
a. to introduce a new technology -neutral exclusive communication right for copyright owners 
to communicate their copyright works to the public through any mode of electronic 
transmission;  
b. to introduce corresponding criminal sanctions;  
c. to revise and expand the scope of copyright exceptions to allow use of copyright works in 
certain common Internet  activities; facilitate online learning and operation of libraries, 
museums and archives; and allow media shifting of sound recordings for priva te and 
domestic use, etc.;  
d. to introduce "safe harbour " provisions to provide incentives for online service providers to 
co-operate with copyright owners in combating online piracy; and  
e. to introduce two additional statutory factors for the court to consider  when assessing 
whether to award additional damages to copyright owners in civil cases involving copyright 
infringements.  
47.  Last but not least, I would like to join colleagues in thanking the Secretariat for their excellent 
support throughout the process.  IP/C/M/108/Add.1  
- 9 - 
  1.8  Korea, Republic of  
48.  During last March and April, in accordance with Art icle 63.2 of the TRIPS Agreement, Korea 
provided a total of 13 notifications to the WTO, regarding the amendment on Copyright Act, Design 
Protection Act, Utility Model Act, Unfair Competition Prevention and Trade Secret Protection Act, Act 
on the Layout -design s of Semiconductor Integrated Circuits, and their related enforcement decree.  
49.  Let me just briefly touch upon the gist of each amendment.  
50.  The Copyright Act has been revised :  
a. to establish the legal basis for public transmission of the works published in c urriculum 
books in order to provide various contents for educational purposes through online and ; 
b. to regulate the procedures for registration and to introduce the ex officio  decision on 
mediation.  
51.  Regarding t he Patent Act, a mendments were made on : 
a. regulati ons regarding punitive damages compensation ; 
b. patent applications concerning disaster prevention, recovery, etc. became eligible for 
accelerated examinations in response  to COVID -19;  
c. a mediation committee was introduced for reasonable settlement of cases o n trial;  
d. and the period to petition a trial on a decision of rejection of a patent application was 
extended from 30 days to three months.  
52.  With regards to the Trademark  Act, amendments were made on regulations regarding punitive 
damages compensation, etc.  
53.  Regarding the Design Protection Act , amendments were made:  
a. to change regulations regarding punitive damages compensation,  
b. to introduce ex officio  re-examination after determination if there is prima facie  evidence 
for rejection.  
54.  Regardi ng the Enforcement Decree of the Design Protection Act, a mendments were made to 
expand the scope of eligibility for accelerated examinations including : 
a. applications for design registration by SMEs with certification for management of 
intellectual property with regard to products selected as superior designs and ; 
b. applications for design registration of a design using technology related to the fourth 
industrial revolution.  
55.  As for the Utility Model Act , several amendments were made mainly to apply mutatis  mutandis 
the amended Patent Act to utility models, etc.  
56.  Regarding the Unfair Competition Prevention and Trade Secret Protection Act , amendments 
were made to change regulations regarding punitive damages compensation . 
57.  Lastly, regarding  the Layout -designs of Semiconductor Integrated Circuits , amendments were 
made :  
a. to introduce regulations regarding disqualification, recusal or self -recusal of committee 
members, etc. and  IP/C/M/108/Add.1  
- 10 - 
  b. to change regulations regarding the amount of penalties with regar d to offences of 
infringement, false marking and fraud.  
1.9  European Union  
58.  I would like to revert to the notification by Ukraine and I would like to echo you, Chair,  in 
thanking  the Ukrainian authorities for their intervent ion today and also for complying with their 
notification obligations of the T RIPS Agreement . So the EU would like to do the same, and emphasize 
that all this is done  under the unprecedented circumstances caused by the brutal, unprovoked and 
illegal invasio n of Ukraine by Russia. The EU can only admire the efforts by the Ukrainian authorities 
in a situation where the Ukrainian capital itself is under fire from Russian attacks, where Russia 
causes huge damage to human lives and environment by targeting critic al infrastructure such as the 
Kakhovka Dam recently  and where Russia illegally occupies of Ukrainian territory. The EU stands 
firmly by Ukraine and its people in this unparalleled crisis and will provide further political, financial, 
military and humanitar ian assistance to Ukraine.  
1.10  Russia n Federation  
59.  The Russian Federation is obliged to attract your attention that political statements made by 
some Members and you, Chair are out of the mandate of the TRIPS Council and WTO competence . 
We consider such practice inappropriate . Political statements only impede the work of the Council . 
Russian Federation asks you as the Chairperson  to take appropriate measures.  
1.11  United States  of America  
60.  Just over a year ago, Putin began his brutal and unprovoked full-scale invasion of Ukraine. The 
Russia n Federation  continues to inflict the death and destruction on Ukraine and the Ukrainian 
people. The United States  reiterates its condemnation of Russia 's brutal unprovoked and unjustified 
war of aggression against Ukraine.  
61.  The United States  will continue to support Ukraine 's courageous efforts to defend itself, uphold 
its territorial integrity and pr otect its population. As President Biden reconfirmed during his visit to 
Kiev are long -term commitment to Ukraine is unwavering, and we will work to build a coordinated 
approach to assistance and to help Ukraine to use the rebuilding process to achieve bes t practices 
for laws, regulations and standards across sectors.  
62.  We have also worked with our allies and partners to impose strict costs and sanctions on the 
Russia n Federation 's aggression against Ukraine. We call on the Russia n Federation  to immediately 
cease its use of force against Ukraine, refrain from any further threat or use of force against another 
Member of this Organization  and immediately withdraw  all of its military forces from the territory of 
Ukraine.  
2  REVIEWS OF NATIONAL IMPLEMENTING LEGISLATION  
63.  No statements were made under this agenda item.  
3  IP AND COVID -19 
3.1  South Africa  
64.  South Africa would like to congratulate you on your appointment  as the Chair of this  very 
important Council . 
65.  We welcome that the TRIPS Council is now engaging in discussion on the MC12 Pandemic 
Declaration under this item. We want to emphasize  that the instruction to relevant WTO bodies is 
not limited to analy zing lessons learned and challenges experienced during  the COVID -19 pandemic 
but importantly, paragraph 23 states that we need to use these lessons learned and the challenges 
experienced during the COVID -19 pandemic, to build effective solutions in case of future pandemics 
including on balance of payments, de velopment, export restrictions, food security, intellectual 
property, regulatory cooperation, services, tariff classification, technology transfer, trade facilitation, 
and transparency, in an expeditious manner. We must therefore in the context of the TRIP S Council, IP/C/M/108/Add.1  
- 11 - 
  consider the IP and technology transfer related issues. We also need to be aware that paragraph 24 
states that a stocktaking exercise will be taken of the work by WTO bodies under this Declaration 
yearly at the General Council until the end of 2 024, based on the reports of those relevant bodies.  
66.  This in our view necessitates structured discussion on a trigger ready mechanism that can be 
evoked in case of pandemics and avoid the need to negotiate waivers during a pandemic which has 
proved inadequ ate, as the WTO in the context of  the COVID -19 pandemic delivered too little too 
late. We should be reminded that the objective of this is to safeguard public health rather than 
narrow commercial interests.  
67.  We therefore propose that the  agenda and the annotated agenda reflect both the elements of 
paragraph 23 and 24 in future to enable focused discussion by the Council on our expected 
deliverables under this item.  
3.2  Indonesia  
68.  Indonesia would like to congratulate  you on your election as the Chair of this Council.  
69.  Although WHO already declared that COVID -19 is no longer defined as a Public Health 
Emergency of International Concern, it continues to take a significant toll on global health. There is 
still also the ver y real risk of new variants emerging that could be more transmissible and/or more 
severe. COVID -19 is here to stay.  With that in mind, the painful lessons and experiences of 
COVID-19 need to inform our future strategies for preparedness and response for th e next pandemic 
and other health emergencies.  
70.  The Ministerial Declaration on the WTO Response to the COVID -19 Pandemic and Preparedness 
for Future Pandemics (MC12 Pandemic Declaration), in this regard, could be a vehicle for the WTO 
to provide a rapid and effective response in our part, through a trigger ready mechanism, as 
mentioned by the South Africa delegation.  
71.  In this regard, WTO Members could consider exploring normative solutions under TRIPS to make 
future response s to pandemics effective and timely , instead of having to negotiate for years, in which 
whatever outcomes we produced would be too little and too late.  
72.  In this context, Indonesia would also like to suggest that the Secretariat, in cooperation with 
WHO and WIPO, write a country level analysi s of the legal status of patents and patent applications 
relating to COVID -19 vaccines, therapeutics and diagnostics. Such a study may contribute to 
identifying and addressing potential IP -related obstacles to their local production.  
3.3  United States  of Ameri ca 
73.  I would like to make a couple of interventions under this agenda item. The first being under the 
initial topic that you mentioned - Measures regarding Trade -Related -Intellectual Property Rights. 
The previous intervention that the United States made on this topic concerning IP measures in the 
context on C OVID -19 stand . As stated previously, intellectual property plays an incentivizing r ole in 
the development of new technologies to combat this deadly pandemic and  in supporting economic 
recovery.  
74.  In past meetings, the United States highlighted the US Patent and Trademark Office COVID -19 
pilot program me which prioritises examination of cer tain patent applications claiming a product or 
process subject to an applicable FDA approval for COVID -19 use , and a companion fast track pilot 
program for appeals related to COVID -19. As of 14 June 2023, 1068  applications have requested 
prioritised examin ation status in the USPTO 's COVID -19 prioritized examination pilot program me, 
392 of which have this far been granted.  
75.  The pilot program me was originally set to expire  after the USPTO accepted 500 applications into 
the program me, but this application limit  has been removed . Further information on the USPTO 's 
initiatives and life  science technologies  can be found o n the COVID -19 response resource cent re 
page of uspto.gov .  IP/C/M/108/Add.1  
- 12 - 
  76.  Also, as  mentioned previously , in 2021, the USPTO launched a category of its Patents for 
Humanity Program for inventions that address the COVID -19 pandemic.  This category was intended 
to provide business incentives for patent applications holders and licen cees who se inventions track , 
prevent , diagnos e or treat COVID -19. The ceremony to recognize the five winners of this program 
was livestreamed in February of 2023. The United States  Copyright Office also made adjustment s in 
response to the pandemic as we have menti oned previously but those measures have expired and 
no current adjustments  are in force.  
77.  Separately  and in response to South Africa 's proposal, the position of the United States  is that 
the scope of this agenda item should flow from the mandate s in the Ministerial Decisions from M C12. 
We have found the discussion in previous TRIPS Council meetings regarding measures that Members 
have taken in the context of COVID -19 pandemic to be helpful . We are also interested in any updates 
on measures Members are taking  with respect to the Minister ial Decision under  the TRIPS Agreement 
for new topic s under this agenda item . We ask that Members propos ing any new topics , to send 
proposals in advance so that other Members have adequate time to prepare for a constructive 
discussion . 
78.  Regarding a proposal  made by Indonesia  - if I caught that correctly  - in our view Council 
discussion s are most constructive when Members ha ve had adequate time to prepare , and 
discussions are based on submissions and proposals that we have been able to study in advance.  
So we look forward in receiving any proposals that we can take back and carefully consider.  
3.4  Maldives  
79.  Even though WHO has n ow ended COVID -19 public health emergency, the WHO COVID -19 
epidemiological updates show that nearly 400,000  cases have been reported daily last month. 
Therefore, we believe the discussion to cover the therapeutics and diagnostics should continue at 
this T RIPS Council with an emphasis on preparing for any future pandemics.  
80.  The Maldives remains committed to do its part in assisting to provide universal, equitable access 
to COVID -19 vaccines, including therapeutics and diagnostics. We are deeply concerned th at the 
deliberations in the WTO have taken too long to provide a credible contribution in our fight against 
the pandemic. The pace of discussion s in the TRIPS Council have outlined the importance of a trigger 
ready mechanism to deal with future pandemics. Therefore, we urge all Member s to start engaging 
in constructive dialogue so that the WTO is prepared to respond to any future pandemics.  
3.5  Djibouti , on behalf of the LDC Group  
81.  On behalf of the LDC Group, Djibouti would like to congratulate you on having assumed the 
chairperson ship of this Council . We thank the WTO  for its work in the context of the health crisis . 
We seek to work on the database in line with the group 's objective s and at this stage we would just 
like to note that th is is up -to-date as of the first quarter of 2022, so we therefore think it may be 
relevant to continue updating or delete , to ask the question as we move forward . On the WTO 
response document from the M inisterial Conference, again we welcome up -to-date information when 
it comes to the application of the TRIPS Agreement in the context of the MC 12.  
3.6  Colombia  
82.  As has been mentioned on other occasions, particularly last week at the informal Council 
meeting, Colombia reiterates its agreement with the extension of the waiver to cover the production 
and supply of COVID -19 diagnostics and therapeutics, which will be addressed in another agenda 
item later.  
83.  Notwithstanding the foregoing, it is our view that we should now be starting to think about 
future pandemics, in line with the discussions being held in other forums.  
84.  We therefore feel that our efforts must be geared toward a discussion on establishing an "open 
trigger " mechanism that allows for the use of a waiver in future pandemics without the need to 
negotiate everything from scratch in the midst of a crisis. We should now be starting to think about 
future pandemics, involving any other pathology, inclu ding the one generically referred to as 
pathology X by the WHO, in line with the discussions being held there and in other forums.  IP/C/M/108/Add.1  
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  85.  To that end, we believe that we could build on the agreements reached thus far and focus on 
describing the situations that wo uld give rise to the use of a waiver in future pandemics. Use of such 
an instrument should be allowed by default in the event of another health crisis resulting in another 
declaration of a pandemic by the WHO so that precious time is not wasted in circumst ances requiring 
speed and urgency.  
3.7  India  
86.  India echoes the views shared by S outh Africa  and other co -sponsors on this issue. Inequitable 
access to vaccines, therapeutics, diagnostics and health products continues to pose challenges in 
combating COVID -19, and therefore as mandated in paragraph 23 of the MC12 WTO 's response to 
pandemic Declara tion a solution to this critical issue is imperative to build resilience for future 
pandemics. Thus, the protracted discussions on the TRIPS waiver proposal and its delayed and 
limited outcome have necessitated the importance of a mechanism to deal with fu ture pandemics, 
and my delegation hopes that the TRIPS Council will engage on this issue in earnest and good faith.   
3.8  European Union  
87.  The European Union is ready to engage in this topic in line with the mandate of the  Ministerial 
Decision. We would like to point to the fact that notifications of National Measures that have already 
been provided under this item, provide for interesting material as regards to this measure, so we 
should not forget that we already have cer tain material to look into in the context of our work on 
this point . We would like to second what the delegation of the U nited States  said, that , should we 
engage on additional aspect s, it will be best to do so on the basis of submissions so that all 
deleg ations can prepare properly for such discussions.  
3.9  United Kingdom  
88.  Firstly, I would like to state that the UK stands a solidarity with Ukraine . 
89.  Regarding this agenda item we would like to echo the comments made by the United States  
and the European Union  that we welcome proposals in advance that we can give appropriate 
consideration to.  
4  REVIEW OF THE PROVISIONS OF ARTI CLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
6.1  India  
90.  Traditional medicine is either the mainstay of health care delivery or serves as a complement 
to it. Traditional and complementary medicine (T&CM) has been an impor tant and often 
underestimated part of health care. The socio -cultural practice and biodiversity heritages of 
traditional medicine are invaluable resources to evolve inclusive, diverse sustainable development. 
The contribution of traditional medicine to hea lth systems is yet to be completely realized.  The 
establishment of WHO's Global Centre for Traditional Medicine in India in April 2022, with estimated 
USD 250 million committed by the Government of India  reflects the commitment and the vision to 
harness the latent potential of traditional medicine systems to be a catalyst in promoting global 
health along with sustainable development.  Additionally, the launch of an informal group called the 
"Friends of Tr aditional Medicine " by India in May 2023 in the build -up to the World Health Assembly, 
will serve as an informal platform to discuss and seek support towards mainstreaming traditional 
medicine, including for achieving Universal Health Coverage, and support  WHO's efforts for 
appropriate integration of traditional medicine into health systems.   
91.  India being one of the ancient civilizations has preserved a rich body of traditional knowledge 
associated with biological resources and the concern faced by countrie s with rich indigenous and 
traditional knowledge systems like India, is the misappropriation of this knowledge. These facts and IP/C/M/108/Add.1  
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  developments attest to the importance of the linkage between TRIPS Agreement and  the Convention 
on Biological Diversity  (CBD).   
92.  Article 16.5 of the C BD recognizes "that patents and other intellectual property rights may have 
an influence on the implementation of this Convention ". It mandates that the Parties "shall cooperate 
in this regard, subject to national legislation and inte rnational law, in order to ensure that such rights 
are supportive of and do not run counter to its objectives. " Furthermore, the Doha Ministerial 
Declaration in paragraph 19 has mandated that the TRIPS Council examine the relationship between 
TRIPS and the CBD, and the protection of traditional knowledge and folklore.  
93.  India therefore  continues to call for an international enforceable regime to contain 
misappropriation. We must work to make the TRIPS Agreement better integrate into and 
complement the goals envisaged in the CBD; an important environment agreement that we often 
ignore, even amidst the ongoing Trade and Environment week. Despite several submissions like 
TN/C/W/52  submitted in June 2008 with the support of 109 Members followed by the last submission  
on this issue TN/C/W/59  in April 2011 proposed by a vast majority of WTO membership, it is 
regrettable that progress remains elusive.  
94.  In this regard, we note that some Members view the  WIPO Intergovernmental Committee on 
Intellectual Property and Genetic Resou rces, Traditional Knowledge and Folklore (IGC)  process to be 
the right forum for these discussions, missing the point that these discussions at the WIPO IGC 
process are complementary and mutually supportive of our work here at this Council . Therefore, as 
often heard in WTO, processes or choice of fora should not limit our engagement on substance. 
Given the enforceability of the TRIPS Agreement and the fact that much of the misappropriation is 
a consequence of trade, there is both the mandate and a strong ne ed to build the linkage between 
the TRIPS Agreement and the CBD under the aegis of this Council.   
95.  Therefore, considering the mandate from the Doha Ministerial Declaration and the 2030 
Sustainable Development Goals  (SDGs) , targets 2.5 and 15.6 to which we are all committed, that 
specifically call for promoting access to and fair and equitable sharing of benefits arising from the 
utilization of genetic resources and associated traditional knowledge, it is crucial for us to take these 
discussions forward towa rds an outcome. To this end a formal briefing by the CBD Secretariat on 
the latest developments on this issue, as well as an update of the factual briefs will be useful for 
Members. And we hope that the votaries of external stakeholder engagement should pr incipally have 
no concern with CBD briefing.  
96.  Lastly, India remains fully committed to continue our efforts in building momentum and 
achieving an outcome on these important issues.  
6.2  Bangladesh  
97.  On agenda items 4, 5 and 6, or the so -called triplets , the position of Bangladesh has not 
changed.  In this regard, to avoid repetition, I refer to my delegation 's statement delivered during 
the previous TRIPS Council meetings.  Bangladesh supports discussi ons towards a progress on these 
issues and stands ready to engage constructively with Members.  
6.3  Indonesia  
98.  Indonesia 's position remains unchanged , and we would like to refer to our previous statements 
on these agenda item respectively.  Although Article 27.3(b) exclude s patentability for animal and 
plants, our delegation further stresses the need to review this article in order to prevent 
misappropr iation and misuse of genetic resources and traditional knowledge.  Furthermore, this 
provision historically disadvantaged developing  country Members and LDCs, particularly indigenous 
and traditional community, as the source of genetic resource and traditio nal knowledge that have 
not been provided with fair and equitable sharing of benefits arising from such usage.  
99.  Indonesia along with other likeminded Members, in this regard, has submitted a proposal  - 
document  TN/C/W/59  - on adding a mandatory disclosure requirement with a view to strengthen 
the effectiveness of Article 29 of the TRIPS Agreement.  The proposal received broad support from 
developing countries.  Moreover, there are more and more countries adopting disclosure  requirement 
at the national level.  IP/C/M/108/Add.1  
- 15 - 
  100.  In this context, Indonesia would like to reiterate our request in this Council as follows:  
1. that the Secretariat  of the C BD be invited to present on the Nagoya Protocol, and  
2. that the  WTO Secretariat  provide  an updated bac kground paper on state of play on the 
TRIPS -CBD. 
6.4  Peru  
101.  Peru's position on these agenda items has not changed. However, we would like to refer 
specifically to the relationship between the TRIPS Agreement and the Convent ion on Biological 
Diversity  (the CBD). We believe it is necessary to reiterate, as a first point and as a matter of 
principle, the need to fulfil the mandate we undertook in Doha to examine this issue.  
102.  The status quo of the past several years is causing s ignificant harm to many Members. I 
highlight the case of my own country, which is dealing with misappropriation of its genetic resources 
and associated traditional knowledge, as reported by our National Commission for the Protection of 
Access to Peruvian B iological Diversity and to the Collective Knowledge of the Indigenous Peoples, 
which last year recorded the second highest number of cases since the Commission 's inception, 
clearly reflecting the urgency of addressing this issue.  
103.  The solution that Peru an d other countries consider most appropriate and that we have 
proposed here and in other forums is to include the obligation to disclose the origin of the resources 
and traditional knowledge.  Article 29 of the TRIPS Agreement does not suffice, as it does n ot require 
patent applicants to disclose the country of origin or provide evidence of compliance with prior 
informed consent and benefit -sharing.  We believe that including the obligation to disclose the source 
would prevent cross-border misappropriation of our genetic resources and associated traditional 
knowledge and the issuance of erroneous patents.  
104.  Lastly, beyond the fact that the topic is discu ssed in other forums under other approaches, we 
believe that the WTO has an important role it should take on.  To start, allowing the CBD Secretariat 
to provide further information on the subject and on how both instruments can be mutually 
reinforcing and supportive as well as updating the Secretariat 's documents in order to progress with 
these discussions.  
6.5  South Africa  
105.  I only reiterate my delegation 's position on this item, which is unchanged . My delegation would 
also like to fully support and endorse the statements of the delegations that just spoke before me . 
106.  Finally, on the long outstanding item , that is the  issue of the presentation  on the Convention 
on Biological Diversity ( the CBD), in our view, that woul d be very much consistent with the principles 
expressed in the last General Council  in the submission WT/GC/W/871. In that regard we would 
hope that there is no objection to such presentation . 
6.6  China  
107.  China would like to congratulate you for taking this very important post and we are looking 
forward to working together under your very wise coordination.  
108.  China has attached great importance to the TRIPS -CBD issue and has always  been actively 
participating in discussions.  China believes that in order to better protecting genetic resources and 
traditional knowledge, it is necessary to fulfill the obligations of prior informed consent and benefit 
sharing , while benefit  sharing based on contractual agreements and traditional knowledge databases 
are far from enough to achieve effective protection. In th e 2nd phase meeting of COP15 of the CBD, 
as presidency, China promoted the adoption of the "Kunming Montreal Global Biodiversity 
Framework ", which is an ambitious and pragmatic framework, a milestone charting  a new blueprint 
for global biodiversity governa nce. The framework will guide the international community working 
together to curb and reverse the loss of biodiversity, to promote the process of biodiversity 
restoration, and to jointly move towards the vision of harmonious coexistence with nature by 205 0.  IP/C/M/108/Add.1  
- 16 - 
  109.  By listing it as one of the important goals, the framework will ensure the fair and just sharing 
of the benefits generated from the use of genetic resources, from digital sequence information of 
genetic resources and from traditional knowledge related to genetic resources. This reflected the 
great importance and common consensus attached by the international community to this issue. At 
present, we are witnessing a standstill at the discussion on this topic. We hope that the TRIPS Council 
could attach im portance to the achievements and progress made in COP15 and we look forward to 
an early rejuvenation of this topic in the TRIPS Council.  
110.  Regarding the procedure issue, we support the suggestion for the TRIPS Council to invite the  
Convention on Biological Diversity  (CBD) Secretariat to brief on the Nagoya Protocol and its progress. 
We hope the Secretariat could renew the three factual notes. In recent years, although The WIPO 
Intergovernmental Committee on Intellectual Property and  Genetic Resources, Traditional 
Knowledge and Folklore (IGC)  has conducted a lot of discussions and negotiations on the protection 
of genetic resources and traditional knowledge, achieving certain results, however, China believes 
that WIPO  IGC discussions and negotiations on the above -mentioned issues does not contradict with 
Members' discussion in the WTO.  
6.7  Tanzania , on behalf of the African Group  
111.  First, I want to join other colleagu es who have spoken before me to welcome you and to 
congratulate for your election to preside this important Council.  I also want to assure you of the 
African Group 's commitment to work with you in your endeavors during your tenure.  
112.  The position  of the African Group on this particular agenda  item has not changed and I think 
most of the delegations know , so I wanted just to reiterate that we continue to uphold our position. 
I wanted actually to insist our long -standing call that we would want the Secretariat of the 
Convention on Biological Diversity (CBD) to also be invited to our Council so that they can share 
their experience of the Nagoya Protocol implementation  and their other experience s related to this 
particular agenda item. 
6.8  Ecuador  
113.  As this is the first time we are taking the floor in this meeting, let me say how pleased we are 
to see you presiding over this Committee and extend our congratulati ons to you. We also wish to 
express our appreciation for the statements of the previous speakers .  
114.  My country 's position on the three items on the agenda has not changed. Nevertheless, my 
delegation wishes to reaffirm its commitment to promoting balanced intellectual property regulation 
as a useful tool for promoting research and innovation.  
115.  We also consider it e ssential to have legal instruments that ensure the effective protection of 
genetic resources, traditional knowledge and traditional cultural expressions, which promote 
appropriate conditions for access and use, and provide for disclosure of the source of o rigin, prior 
informed consent, access  to and equitable benefit sharing .  
116.  We believe in the need to take into account the need to facilitate complementarity between 
intellectual property rules and standards and the international agreements  and instruments  relating 
to genetic resources, in particular the Convention on Biological Diversity.  
6.9  United States of America  
117.  The United States  does not support requests to ask the TRIPS Secretariat to update the t hree 
factual briefs, as we have explained in previous sessions and in bilateral meetings .  We do not view 
this as a good use of the Secretariat 's resources .  Members remain able to freely access the minutes 
of past interventions and the subjects through  the WTO website and we continue to be willing to 
discuss this b ilaterally  with interested Members . 
118.  Regarding the proposal to invite the Convention on Biological Diversi ty (CBD)  Secretariat to 
brief the TRIPS Council , the United States  is not in a position to support this proposal, as it is Nagoya 
Protocol parties that are responsible for implementing the obligations of the Nagoya Protocol .  We 
believe that it is Members that should explain the ir domestic policies for implementing the proposal IP/C/M/108/Add.1  
- 17 - 
  rather than the CBD Secretariat. Over the years, there has been no shortage of outside events on 
the Nagoya Protocol that have included the CBD Secretariat that provide Members with opportunities 
to hear directly from Secretariat  on issues that might be of interest to them .  
119.  As to the relationship between the TRIPS Agreement and the CBD, a number of delegations 
noted that they believe that there is a need to avoid erroneous patents th at involve the use of 
genetic resources and related traditional knowledge . We agree that there is a need to avoid 
erroneous patents, but we disagree that a disclosure of origin would help improve the quality of 
patents . In the many years that this issue ha s been discussed, we note that many countries have 
imposed disclosure requirement upon applicants . If that disclosure requirement has, in fact, 
improved the quality of patents, then surely  by now, there would be dat a to support this conclusion . 
6.10  Japan  
120.  As Japan 's position remains unchanged, we would like to comment briefly on these agenda 
items.  Japan aligns itself with the statement made by the U nited States. 
121.  This delegation believes the  WIPO Intergovernmental Co mmittee on Intellectual Property and 
Genetic Resources, Traditional Knowledge and Folklore (IGC) is the most appropriate forum for 
holding technical discussions on Intellectual Property and Genetic Resources, Traditional Knowledge 
and Folklore.  Given that detailed discussions have been continuously held at WIPO  IGC, we should 
avoid duplication thereof.  
122.  Lastly , Japan strongly condemns Russia 's aggression against Ukraine and urges Russia once 
again to stop the aggression and withdraw its forces from the terr itory of Ukraine within its 
internationally recognized borders immediately.  
6.11  Nigeria  
123.  I wish to recall our previous statements regarding agenda items 5 and 6.  
124.  We reiterate the importance for Members to engage in disc ussions with the aim to promote 
traceability of genetic resources, traditional knowledge and folklore. We consider it necessary to 
establish a requirement for a prior informed consent and benefit sharing systems in respect of any 
product manufactured throu gh the use of genetic components or traditional knowledge and folklore. 
We believe the requirement of disclosure contained presently in the TRIPS Agreement remain 
inadequate. Hence the need to improve existing provisions by the consideration of past propos als in 
this respect. This will reduce the incidence of misappropriation. The improper acquisition  of genetic 
resources and associated traditional knowledge without prior informed consent and on mutually 
agreed terms, in accordance with national laws of the  country providing the genetic resource or 
associated traditional knowledge continue to be a significant concern for Nigeria. We believe that 
the WTO has an important role to play and that the discussions at the  WIPO Intergovernmental 
Committee on Intellec tual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC)  
can be complementary to the discussions at the TRIPS Council.  
125.  Finally, we urge the Secretariat to provide updates to the three factual notes. We stand ready 
to engage constructively on this matter.  
6.12  South Africa  
126.  Just very briefly, we take the floor to express our disappointment  that the U nited States was 
not able to join the consensus to invite the Convention on Biological D iversity (CBD) . In our view 
that approach is inconsistent with the communication  titled Improving Inclusiveness By Reviewing 
And Evaluating External Engagement  (Document WT/GC/ W/871), of which the U nited States was a 
co-sponsor  at the last  present ation in the  last G eneral Council  and we would hope that this position 
expressed today  could be reconsidered going forward . 
6.13  Thailand  
127.  Thailand reaffirms its commitment to working with other Members to explore  the possibility to 
discuss the relationship between the TRIPS Agreement and the Convention on Biological Diversity IP/C/M/108/Add.1  
- 18 - 
  (the CBD)  under the principle of mutual supportiveness to promote the sustainable use of resources, 
as well as the possibility of amending the TRIPS Agreement, when appropriate, to contemplate a 
disclosure requirement of the origin of genetic resources in patent applications, prior informed 
consent and benefit sharing.  
128.  While welcoming the progress of the ongoing negotiations at WIPO, we believe the existence 
of such negotiations should not be understood to preclude discussions on th ese topics at the 
TRIPS  Council, as we stand ready to constructively engage and build momentum on these important 
issues.  
6.14  Korea, Republic of  
129.  Our position remains unchanged. I would like to reiterate that  IP protection for biological 
invention s will ultimately contribute to improvement in welfare, particularly in agriculture and health 
sectors. Regarding the relationship b etween  the TRIPS Agreement and the Convention on Biological 
Diversity ( CBD), we are of the view that the objective and jurisdiction of the two agreements are 
separate, therefore it is unnecessary to amend  the TRIPS Agreement. Lastly , in order to avoid the 
duplication of discussion, we believe the WIPO Intergovernmental Commit tee on Intellectual 
Property and Genetic Resources, Traditional Knowledge and Folklore (IGC)  is the right forum  to 
discuss this issue.  
130.  Regarding Ukraine 's statement, we would like to echo previous speakers in supporting Ukraine 
and condemning the Russia n Federation 's illegal attacks . 
6.15  Canada  
131.  Congratulations for your election to Chair this Council.  
132.  Canada 's position is well -known, and we would refer to our previous interventions on agenda 
items 4, 5, and 6. With respect to procedural matters, as previously noted and without prejudice to 
our position on substantive matters, Canada could support a procedural briefing from the CBD 
Secretariat   to the TRIPS Council. Canada could also support the compilation of the three factual 
notes on TRIPS and the CBD, and remains of the view that this would remain an information collating 
exercise.  
133.  There were s everal  refere nces this morning to disclosure in the present discussion, and on this 
Canada recalls , without prejudice, that  last year, the WIPO General Assembly decided to convene 
next year a conference on an international legal instrument relating to intellectual prop erty, genetic 
resources and traditional knowledge associated with genetic resources, which will very much be the 
forum for these discussions, including such that we should avoid duplication of the se discussions 
and in deed these negotiations . 
134.   Canada joins other Member s in strongly condemning Russia 's unjustifiable  invasion of Ukraine 
and calling for it to end.  
6.16  Brazil  
135.  In relation to the relationship between trade and genetic resources and traditional knowledge 
associa ted with them, we gather here not merely to discuss trade in abstract terms but to recognize 
the profound interconnection between our economies and the invaluable wealth of genetic resources 
and traditional knowledge, which often find its roots in the stew ardship of indigenous peoples and 
local communities. The impact of these resources on our daily lives is immeasurable , from the food 
we consumed to the medicinal remedies we rely on.  
136.  However, there is an essential aspect that we must bring to light . A study published in 
"Financing 2020 " informs us that indigenous communities manage or hold tenure rights over a 
remarkable 25% of the world 's land surface . Land which accommodates approximately 80% of our 
planet 's biodiversity, are not mere statistics , but a testament to the crucial role of these communities 
in conserving and managing these invaluable resources . Our  present conversation should pivot 
towards devising trade practices that are not only more sustainable but also imbued  with fairness . 
It is our shared responsibility to ensure that the guardians of these priceless resources receive due IP/C/M/108/Add.1  
- 19 - 
  recognition and fair returns from their contribution . The Nagoya Protocol, for instance, serves as a 
beacon in this regard .  It underscores the importance of prior informed consent in mutually agreed 
terms . Implementing these principles in practice translates into more inclusive decision -making 
processes and equitable sharing of benefits, by so doing we promote conservation, boost local 
economies and contribute to th e fight against poverty.  
137.  On a similar note, let me bring up the essential role of disclosure requirements in patent 
applications . These requirements , already implemented by several countries ensure that any patent 
application is not just a quality patent,  and that it involves a realm of knowledge that is related to 
genetic resources or traditional knowledge which  must be disclosed . This practice fosters  
transparency , prevent s biopiracy and ensure s fair compensation for the use of these resources . In 
this vein, let us underline the significance of fostering capacity -building and technological transfer.  
By equipping these communities with the necessary skills and resources, we empower them to 
manage their resources and knowledge sustainably, thereby fortify ing our collective future .  
138.  As we deliberate upon trade, let  us bear in mind that we are not merely discussing 
commodities, but also we are acknowledging the fruits of our earth and the wisdom of generations, 
assets of immeasurable value that must be utilized sustainably and equitably for everyone 's benefit.  
7  NON-VIOLATION AND SITUATION COMPLAINTS  
7.1  United States  of America  
139.  The Uni ted States  remains open to considering specific proposals for Members wishing to 
further examine the scope of modalities for complaint s of these types . Unfortunately, the 
United  States  does not support request s to ask the TRIPS Secretariat to provide an overview of 
positions that are already well -known and documented, including in a summary note by the 
Secretariat in 2012, document number IP/C/W/349/Rev.2 . We do not view that as a good use of the 
Secret ariat's resources, Members remain able to freely access the documents and minutes of past 
interventions through  the WTO website and, again, we continue to be willing to  discuss  this bilaterally 
with interested Members.  
7.2  Bangladesh  
140.  The delegation of Bangladesh delivers this statement in national capacity.  
141.  As an interim arrangement, Bangladesh supported the extension of the moratorium until the 
13th Ministerial Conference. Bangladesh is in favor of est ablishing a permanent moratorium on this 
issue. To avoid repetition, I refer to our delegation 's previous statements on this issue. Bangladesh 
is ready to engage with Members on this issue.   
7.3  Switzerland  
142.  On substance, Switzerland 's position remains unchanged. We consider non -violation and 
situation complaints applicable also under the TRIPS Agreement, once the moratorium ends. We 
believe that no additional modalities are needed for NVCs in t he TRIPS context.  
143.  Regarding the suggested overview, we note that such an overview was compiled in 2012 in 
document IP/C/W/349/Rev.2 . It seems to us that the discussion did not evolve much since then. We 
therefore see no value added in another ove rview.  
144.  To conclude, Switzerland is ready to examine and to discuss scope and modalities of 
non-violation and situation complaints if other Members wish to propose such modalities.  
7.4  Peru  
145.  Peru's position, r eflected in document IP/C/W/385 /Rev.1, which we co -sponsored , has not 
changed. In our view, the application of non -violation and situation complaints, that is, challenging 
measures that are otherwise consistent with WTO obligations, may, inter al ia, upset the delicate 
balance of rights and obligations in the TRIPS Agreement, limit the use of the flexibilities outlined in 
the Agreement , and create legal uncertainty.  IP/C/M/108/Add.1  
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  146.  In sum, we have systemic concerns in connection with this item. However, we are no t opposed 
to discussions and are ready to assess proposals on the scope and modalities that are presented. 
We also agree with the Chair's proposal that the Secretariat review the compilation document to 
facilitate our substantive discussions.  
7.5  Canada  
147.  Canada 's longstanding position on this issue remains unchanged, and notes that the availability 
of non-violation and situation complaints (NVSCs)  claims under the TRIPS Agreement would create 
legal uncertainty for WTO Members.   
148.  Canada recognizes that Members worked constructively to arrive at a consensus -based 
decision on this matter at MC12, and encourages the TRIPS Council to continue to similarl y engage 
in a constructive manner to identify consensus -based solutions to other important issues facing the 
WTO membership going forward.  
7.6  United Kingdom  
149.  Firstly , the United Kingdom would like to thank you Chair for your effort to reinvigorate this 
agenda item.  
150.  Given the lack of substantive discussion on this longstanding issue since before the pandemic 
the TRIPS Council in October 2021 ma de the right decision to extend the NVSCs moratorium unti l 
MC13. The UK believes that it is important that the TRIPS Council turns its focus to NVSCs in the  
hope that Members can have a substantive discussion on the scope and modalities before MC13. We 
stand ready to proactively engage.  
7.7  China  
151.  China reiterates its position on the issue that non -violation complaints and situation complaints 
are not applicable under the TRIPS Agreement. There have been insufficient cases of non -violation 
and situation complaints u nder GATT and the WTO that could serve as guidance on modalities and 
scope of such complaints. Given such circumstances, we believe that to apply NVSCs under the 
TRIPS Agreement would bring uncertainty to the application of the Agreement and break the balance 
of interests among Members under the Agreement . China would like to continue to take part in the 
discussion  and work with other Members . 
7.8  Colombia  
152.  From Colombia 's perspective, the  best approach to addressing non -violation and situation 
complaints is to extend the moratorium that has worked up until now. The other avenues are costly 
and very litigious and do not bode for a good outcome for MC13.  
153.  Furthermore, for Colombia and other c ountries, the IP moratorium has always been connected 
to the moratorium on e -commerce, such that ensuring the success of one encourages potential 
acceptance of the other, and vice versa. We therefore support maintaining the past practice, which 
has worked.  
7.9  Korea, Republic of  
154.  Korea 's position is unchanged. We would like to just reiterate our position on the application 
of NVSC to  the TRIPS Agreement. While TRIPS does not directly regulate mark et access, the nature 
of NVSC is that of strengthening the rights to market access. Due to this nature, the application of 
NVSC to  the TRIPS Agreement is relatively weak in justification. Besides, when there is already a 
great diversity in WTO Members ' IP systems, in part due to the minimum standards nature of TRIPS, 
we are concerned that uncertainty will be increased if NVSCs are applied to the TRIPS Agreement.  
155.  However , we are ready to constructively engage in this discussion to reach consensus among 
Members.  IP/C/M/108/Add.1  
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  7.10  Argentina  
156.  First of all, allow me to congratulate you for your appointment as Chair of this Council. W ith 
regard to this agenda item, the position of Argentina has not changed, and in that respect I would 
like to refer, as the delegation of Peru has done , to document IP/C/W/385/Rev.1  (of 27 May 2015 ), 
in which it is proposed that the TRIPS Council recom mend to the Ministerial Conference that this 
kind of complaint provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994  is 
not applicable for dispute settlement purposes with regard to the TRIPS Agreement.  
7.11  Tanzania , on behalf of the Af rican Group  
157.  Our long-standing position  of the African Group  is well -known in this particular agenda item 
and remain s unchanged. The non-violation and situation complaints  application is unpracticable to 
the TRIPS  Agreement due to its nature . As we have consistently be en calling that we make the 
moratorium a permanent thing. We remain , however , flexible to continue the discussion in any 
format proposed . However , its position will not change  in that regard.  
7.12  Indonesia  
158.  Indonesia 's position remains unchanged in that we support the permanent moratorium of 
NVSC.  As a developing Member , the absence of a moratorium w ill be concerning, particularly from 
a development perspective.  
159.  We view that there is a potential of misuse of the NVSC provision whereby a WTO Member can 
file a complaint to the Dispute Settlement Body even if the said measures do not technically violate 
the TRIPS Agreement. This provision can lead to higher degree of unpredictability and instability and 
will disadvantage developing M embers and LDCs who traditionally have less bargaining power in 
international trade negotiations as well as resource and cap acity constraints to be involved in a 
dispute.  
160.  Furthermore, with the current Appellate Body  impasse, due to the continuing blockage to the 
appointment of new AB members, as mandated by Article 17.2 of the Dispute Settlement 
Understanding , the initiation o f non-violation and situation complaints will create further substantial 
legal uncertainty around the question of the applicability of non -violation and situation complaints.  
7.13  Nigeria  
161.  At the outset I would like to  associate Nigeria with the statement made on behalf of the 
African  Group by the delegation of Tanzania.  
162.  We wish to recall our previous statements under this agenda item. We take note of the MC12 
Decision adopted on the 17 June 2022, instructing the Council to continue its examination of scope 
and modalities, for complaints of the types provided for under subparagraphs 1(b) and 1(c) of 
Article  23 of the GATT and to make recommendations to the 13th Ministerial Conference.  
163.  It is also ag reed that, in the meantime, Members will not initiate such complaints under 
Article XXIII of GATT.  
164.  We remain open to working with other Members on this matter. However, we are of the view 
that the current moratorium should be made permanent because we beli eve that complaints should 
be made in the case of an actual violation.  
7.14  Hong Kong, China  
165.  Hong Kong, China supports the TRIPS Council to continue its examination of the scope and 
modalities for non-violation and situation complaints cases as mandated in the TRIPS Agreement. 
We would be open to any new ideas on how to take forward this discussion, including the suggestion 
of having a factual overview of Members ' views on the operation of non -violation complaints, based 
on existing materials and meeting records.  IP/C/M/108/Add.1  
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  166.  We have heard Members' reservations about such a factual compilation this morning , but I 
think it is a humble attempt to revive the substantive discussion . I wonder if we could at least 
perhaps re -attach the 2012 compilation to the Airgram or annotated agenda , or better  still, update 
the 2012 compilation.  
7.15  Thailand  
167.  Briefly, I just would like to reaffirm Thailand 's position that non-violation and situation 
complaints should remain inapplicable to the TRIPS Agreement, while we remain committed, under 
your guidance, to engage with Members further on this issue in order to find a way forward and a 
permanent solution.  
7.16  South Africa  
168.  South Africa's perspective on the issue of non -violation and situation complaints is well -known. 
We take the floor merely to reiterate that it is well -established that  proponents of the application o f 
NVCs under the TRIPS Agreement have not provided concrete examples of the kind of scenarios in 
which an otherwise TRIPS -consistent measure would impair or nullify benefits beyond those arising 
from the obligations set out in the  TRIPS  Agreement.  
169.  Having said this Chair, we stand ready to discuss  this matter further and we do welcome your 
suggestion on the factual compilation.  
7.17  India  
170.  India's position on the issue of non -violation complaints under the TRIP S Agreement  is 
well-known and  remains unchanged. India  is ready to engage  in discussion s and looks forward to 
working with like -minded Members in making non -violation complaints inapplicable to the TRIPS  
Agreement .  
7.18  European Union  
171.  I would just like to restate the European Union position in that we are ready and open to hear 
and discuss  any solutions for the future on this matter.  
7.19  Moldova  
172.  We just wanted also to briefly mention our position, w hich also has not changed and we would 
also be in favor of continuation of the TRIPS -related moratorium.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTI CLE 71.1 
8.1  South Africa  
173.   I have been instructed to briefly reiterate our remarks from the informal consultation on this 
issue. Article 71 states that the Council for TRIPS shall review the implementation of this Agreement 
after the expiration of the transitional period referred to in paragraph 2 of Article 65. The Council 
shall, having regard to the experience gained in its implementation, review it two years after that 
date, and at identical intervals thereafter. The Council may also undertake  reviews in the light of 
any relevant new developments which may warrant modification or amendment of this Agreement.  
174.  Our delegation reiterates its view and places on record that it does not share the interpretation 
captured in the 25 May 2023 communicatio n on the parameters of the review. There should be no 
attempt to confine the right of Members to make proposals based on developments, especially 
arising from the COVID -19 experience. In our view, the continued failure of the Membership to agree 
to a tempo rary waiver to ameliorate an unprecedented crisis makes it clear that a permanent solution 
is needed to address future pandemics. My delegation  therefore  reserves the right to put forward 
such proposals.  IP/C/M/108/Add.1  
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  8.2  Argentina  
175.  Argentina is analy zing the proposal. In light of the mandate under Article 24 of the "Ministerial 
Declaration on the WTO Response to the COVID -19 Pandemic and Preparedness for Future 
Pandemics ", which emphasizes the importance of analy zing the lessons lear ned and challenges 
experienced during the pandemic, it is our view that moving forward with this work may give rise to 
a substantive proposal that will enable us to fulfil the mandate under Article 71.1. The 
aforementioned Article states that reviews may b e undertaken "in the light of any relevant new 
developments which might warrant modification or amendment " of the Agreement. This is in line 
with the Declaration on the WTO response to the pandemic and the MC12 Decision on the 
TRIPS  Agreement, which bring to light the need for a response to global health emergencies, such 
as a pandemic.  
8.3  Colombia  
176.  On this point, Colombia welcomes your proposal. The review mandated under Article 71.1 has 
not been completed, meaning that it is important to carry it out constructively. Your proposal to 
begin with specific topics, in dedicated sessions and with third -party involvement, seems like the 
right course to us and has our support. We can think of a few specific topics on implementation  that 
we could discuss with you if we collectively decide to ultimately move forward in this direction. We 
hope that might be the Council 's decision.  
8.4  United Kingdom  
177.  The UK appreciates the efforts of the Chair and the Secretariat to invigorate discussions on the 
review of the implementation of the TRIPS Agreement as mandated by Article 71.1. We agree that 
this process should not intend to re -open the substance of the TRIPS Agreement and welcome the 
suggestion of con sidering through dedicated thematic sessions over a period of two years. This may 
provide an opportunity for Members to share their domestic experiences on a few well -defined areas 
and to engage in factual discussions. We also appreciate the proposed appro ach may be difficult for 
some Members, so we welcome their views and considerations. If this approach is agreed, we 
presume there will be an opportunity to agree which areas are pursued.  
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAP HICAL INDICATIONS UNDER ARTI CLE 24.2 
178.  No statements were made under this agenda item.  
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
10.1  WTO Secretariat  
179.  Since we have already been engaging in 90's nostalgia, I am going to take you back to the 
1990s to reflect on how this reporting process came into being, and why, and in a sense, what we 
can get out of it today. The situation then, was as  it is now, in that technical assistance relating to 
the TRIPS Agreement and i mplementation of the TRIPS Agreement is unusual in character because 
it involves engagement with an exceptionally wide range of counterparts and constituents . From the 
WTO point of view, in particular, it can be distinguished from some of the other areas o f technical 
assistance, if you think of trade facilitation, or government procurement or the area of  Sanitary and 
PhytoSanitary measures  where there is a fairly specific set of issues to address, and most importantly 
in capital a very well-defined  catchmen t area, if you like.  
180.  This is not the case with the TRIPS Agreement,  which typically engages a wider range of 
domestic players, depend ing on the exact topic, and that makes coordination of TRIPS related 
Technical Assistance a distinct  challenge. I believe , as I was in a delegation in the late 90s, the 
coordination of technical assistance was a consideration even then . This goes to both , those offering 
technical assistance, because it can come from a range of different programmes, and for the in -
country partners for technical assistance because these range from customs departments to justice 
departments , to quite technical IP offices , to the departments dealing with health and environment, 
so the question of coordination is particularly challenging.  IP/C/M/108/Add.1  
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  181.  Further, and this is a practical observation from many years of this work, it is very rare to see 
a specific aid, or technical assistance  programme,  that is exclusively focused on TRIPS 
implementation as such, and indeed there are a number of instances where opportunities for co -
operation are overlooked because the relevant programmes and the relevant needs on the face of it 
look as though they  are in different categories altogether .  
182.  And yet, we know now from the fantastic  reporting we are receiving from Members that there 
is a great dea l of potential in a wider range of technical co -operation programmes , as you will see 
from the review we are about to put before you . A programme may bear the heading of, say, 
business readiness - this was a specific case I am thinking of – where  a certain trademark office was 
in need of support for automation and improving its procedures, a very hands -on practic al 
requirement , and there was real difficulty finding a technical co -operation partner. It turn ed out that 
separately there was a business -readiness technical assistance programme looking for counterparts 
to work with. The two had a completely  congruent ob jectives and indeed ended up working together 
very fruitfully, but on the face of it there was no obvious correlation between the two. This is one 
example, and there are many of them, of why the process of information sharing and coordination 
in a practica l sense does become very important. It is also a matter of effective use of resources in 
a climate in which we are looking at constraints of available resources , and necessity is the mother 
of invention, and that maybe fruitfully compels a more careful app roach to making the best use of 
available resources.  
183.  Quite a number of the programmes that have been implemented to promote or assist with 
TRIPS implementation fall under quite a wide number of other categories, such as support for 
innovation or support fo r industry start -ups and SMEs. Obviously,  the digital economy -related 
programmes and programmes supporting engagement with the online economy. Increasingly , 
sustainability has a TRIPS dimension, programmes on rural development, sustainable agriculture, 
health, environment  and climate change . We are seeing all of these increasingly taking on a TRIPS 
component. All of this is to underscore why we would suggest that the process of promoting and 
improving  coordination and sharing of information that was established by this Council 25  years ago 
is worthy of Members attention both in terms of making most effective use of available programmes 
and above all ensuring that developing countries and LDCs do get the priority resources and support 
that they are understandably looking for.  
184.  So, just to recall t hat this is an obligation in the TRIPS Agreement, the provision of technical 
assistance but it does presume a coordination -type process – a request and mutually -agreed terms 
and conditions as part of the process of identifying needs and responding to those  needs. It also 
recalls what was clearly an early strong emphasis on the development of laws and regulations but 
also aspects of the prevention of the abuse of IP rights more structural and administrative 
infrastructure  requirements as well. I hope I am no t reading anything into this, but this is certainly 
how this provision has been played out. I might mention that this does refer to developed country 
Members as partners in technical co -operation, but of course a number of other partners have 
engaged in te chnical co -operation and that is clearly worth y of attention and something to learn 
from, for example South -South cooperation . But an important part has been the reports, the updates 
we have had from our international organization sister partners, and the reporting process has been 
expanded, at the request of the Council, to cover international organizations as well, and regional 
organizations.  
185.  One element of the coordination process that we would suggest has been underutilized , is the 
system of contact po ints for technical assistance that was established by a decision of this Council 
back in 1996 . Since then, we in the Secretariat have maintained the list of contact points , which has 
been transformed from inaccessible documents to a provision on the e-TRIPS platform so that it is 
much easier to locate and track down the contact points. The practice for contact points has differed 
between Members . Some identify one individual or specific contact point for all areas of technical 
assistance, others have broken  it down i n different ways . Either according to subject matter, i.e. 
different contact points for copyright, or trademarks or patent law. Others have set aside a distinct 
contact point for enforcement, so it might be in the customs or the police department . Which means 
that there is quite a diversity of practice among Members in identifying their contact points.  One 
thing we can say though, is that the contact point system has been trem endously underutilized  – I 
had the honor  myself of being a contact point for four years and was not contacted once . I think 
that is part of a broader trend, and this is perhaps one  reason why the majority of contact points 
have not been updated for many years, in many cases for 15 years or even longer . We do know 
anecdotally that many of these contact points are completely out of date. People have moved on  to IP/C/M/108/Add.1  
- 25 - 
  different jobs , so it i s one of the areas in notifications and reporting generally where you can have 
a negative feedback loop . There is a sense of as it is out -of-date, no-one is using it , so we need  not 
bother updating it. That then increases the incentives for ignoring it, wh ereas if it is kept up -to-date 
and there is more confidence that it is worth using , then there is a positive feedback loop being 
established. So we would certainly suggest that the challenges of coordination  of technical 
assistance , the challenges of ident ifying the right partner in technical assistance has not become 
easier, arguably it has become even more complex, and so the role of the contact points, their 
potential contribution is, I would suggest, greater than ever . So it is certainly worth paying attention 
to making use of this possibility , because it is a solution that this Council came up with to a continuing 
challenge, and one that is in the interest on both sides of the bargain of mutually -agreed terms for 
technical assistance . This assists both sides in making the most of the resources available.  That is 
the end of my advertisement.  
186.  The reporting material is another  area where we have been gathering large quantities of 
information that are difficult to make use of. Ironically, the more diverse, the more inclusive, the 
more comprehensive the information, the harder it is to work with . And once again this was a 
measure that the Council itself established, again in 1996/1997, to promote  exactly the coordination  
to line up  available resources to address the needs of developing country Members. It was also 
based on the assumption that there would be a degree of conversation in the Council itself, based 
on that information. At that point , the Chair pointed out that this was a  way, both of providing 
information, and also finding ways to match supply and demand in respect of technical assistance. 
So again , that critical coordination challenge that certainly remains the case today.  
187.  This was the background to the establishment of  these reports, and the very range, the very 
complexity of these reports has made them ironically difficult to work with. So that is why we have 
been probing into the more recent reports, to get a sense of how we can draw out broader insights 
from them, in  the hope that this may encourage and facilitate the use of these reports as a resource, 
as a practical tool, for coordinating the planning  and delivery of technical assistance in priority areas. 
As you will see from this chart, from the very first days of  this Council, there have been a number 
of reports submitted by Members about technical assistance programmes, reaching a high point, 
interestingly, in the early 2010s. This is in terms of specific reports received from individual 
Members , including collec tive reports, and you will see the comparisons we have made, and here I 
should acknowledge  our colleagues  Owen Henderson, who has ploughed through this material and 
produced these reports.  
188.  You will see the vast range of programmes  - almost 600 distinct pr ogrammes were reported 
in 2016 , and around 414 programmes  last year . Apart from Owen and the translators, I am not 
convinced anyone else has read through all of these documents . They are long detailed documents, 
they are full of very interesting and worthw hile information, but making use of that information, 
using if for those practical reasons that the Council set up this programme in the first place, that 
remains a challenge. That said, also some caveats : We should  not read too much into the drop in 
the sheer headcount of programmes . There is a great diversity across the different programmes 
reported upon, and so taking a simple headcount of the programmes is not a measure of the overall 
scale of impact and activity, b ut it is at least a starting point to understand the trends. Looking at 
reports from last year, we have from the point of view of Members, 414 distinct technical assistance 
programmes reported, and among international and regional organizations, some 411 p rogrammes 
that were reported. Just to recall that at the time the reporting process was set up , while Article 67 
does refer specifically to developed country Members, it was the decision of the Council at that stage 
also to extend this reporting , and to invite international organizations to contribute as well. That is 
why we have these combined figures.  
189.  If we look at the developments, and we will circulate  this as a Room Document, we see an 
interesting spread across regions and within regions  very roughly corresponding to the size and 
extend of the regions in particular. We do see interesting developments in these trends . In particular, 
there has been a marked increase in programmes working within Africa , Latin America and the 
Caribbean. We have not been ab le to break down in great detail what is behind that trend, but it is 
quite noticeable  if you look at developments over time, as these charts certainly illustrate, but it is 
the kind of broader meta trends that can be discerned from these materials.  
190.  I think one of the very interesting aspects of this analysis  are the different categories, or 
different forms of technical assistance  that Members have reported . This not a taxonomy or a 
structure invented by the Secretariat, this an empirical  observation as to  the areas of technical IP/C/M/108/Add.1  
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  assistance that Members themselves have chosen to report on, and some of them quite rooted in 
the law of TRIPS and TRIPS implementation . This includes support for legislation and the 
development of domestic legal systems. Secondly , institutional support, the development of the 
various bodies and institutions  that undertake administration of the IP system . And then more 
broadly, as I alluded to earl ier, programmes that go beyond that and look at TRIPS implementation 
in a broader sense  in supporting innovation and technology transfer as well as raising awareness of 
the IP system . there is also more specialized  training , judicial training and the training relating to 
enforcement. And then again, as I mentioned earlier, what we can call S ustainable Development 
Goals (SDGs) -related or developed -related projects that look at the IP system and the 
implementation  of TRIPS within the broader context of promoting transition to green technolog ies 
and of course dealing with public health iss ues and sustainable development goals more generally.  
191.  I did not want to single out anyone in particular, and this slide – page 15 – is really just to 
illustrate the point I made earlier . Firstly, there is a wide range of programmes that correspond to 
each of those six broad categories, but they can fall under quite different headings, or technical 
assistance programmes that you would not automatically assume related to IP and TRIPS 
implementation, but in practice do. This is an example of how making use of  these reports can be 
very helpful in overcoming those coordination challenges, and can help find the appropriate 
partnerships between the provision of technical assistance and the priority needs of developing 
countries. Looking at the contrast between the  reporting Members and the international and regional 
organizations , interestingly the international organizations have been more active on the 
administration aspects, the infrastructure aspects, and I would guess that WIPO's remarkable 
resources in that a reas may be one explanation for that . But also in the area of IP awareness, much 
more activ ity on the international organization side than the reporting Members side . It is the 
opposite when it comes to enforcement and the training of the judiciary , and one can only speculate 
as to why that is the case. We also see a very significant chunk of work relating to development 
activities. You can break these down according to region, and it is interesting  to look at overall 
trends. Likewise , when it comes to indi vidual programmes, again we see the same kind of general 
trends between 2016 and 2022 among reporting Members. So here we see, for example, roughly 
the same focus on development related areas, we see interestingly  an increase in programmes 
relating to legi slative support, and yet a significant decrease when it comes to administrative 
infrastructure.  
192.  I hope this wets some appetite for the value of getting to grips with this data . I know how 
much hard work goes into compiling these reports, I certainly know how much work of the 
Secretariat goes into turning these reports into documents and building them int o the e-TRIPS 
platform, and into translating the material. It is an enormous  investment , generally , that Members 
are making in assembling this material and making it available, and the suggestion is that we can 
do more to dig into it and put it to service of Members to promote what I think everyone would hope 
for – the better use of available technical assistance resources, that are better matched to the 
immediate priorities of developing countries.  
193.  As far as Aid for Trade is concerned, it goes in two directions . Certainly , there are relevant 
programmes which the Secretariat puts together, which fall very generally under the Aid for Trade 
banner, but also programmes beyond our reach . There can be confusion about categories , or an 
assumption for example that Aid for Trade doesn't include dealing with IP in some way, whereas in 
practice it actually does.  There remain coordination challenges, for example with the Enhanced 
Integrated Framework  (EIF), with our colleagues in the International Trade Centre (ITC) as well, 
that is something that we are conscious  of and need to work on further . It is a changing scene, for 
example there are programmes that touch on value -added for local agricultural products, so the 
Standards and Trade Development Facility (STDF)  has a role in that area, the EIF, ITC and there is 
also a TRIPS dimension, so that is a good example of the kind of dimension we are seeking to 
practice in -house.  
194.  There  are also COVID -related programmes and that is another example of coordination . Under 
our trilateral co -operation – which is a collaboration  betwee n WHO, WIPO and the WTO – the three 
Directors -General got together and instructed us to "ramp up " coordination in that area, and this 
has taken various forms , including policy support and drawing together information on policy 
responses at the practical le vel. For example,  the Trilateral Gateway was established for Members 
seeking specific technical support in relation to COVID -19. That is a good example of where a 
coordinated approach is not merely desirable, but essential , because by definition there are 
overlapping fundamental health challenges, with an IP dimension, with a trade dimension from the IP/C/M/108/Add.1  
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  very beginning. Fortunately , that framework was already established  at the time of the pandemic, 
but it had to be intensified and the three Directors -General set out a specific set of activities to 
intensify that at a technical -assistance -level response to COVID -19.   
10.2  Bangladesh  
195.  The delegation of Bangladesh aligns with the statement that w ill be delivered by the LDC 
Group.  
196.  Under this agenda i tem, my  delegation thanks developed country Members and IGOs for their 
support under TRIPS Article 67. My delegation also appreciates the Secretariat 's plan for an informal 
workshop on the implementati on of technical cooperation under TRIPS Article 67.  
10.3  Djibouti , on behalf of  the LDC Group  
197.  The LDC Group would like to thank Members who submitted the report s under Article 67 of the 
TRIPS Agreement on support and capacity -building for developing countries and particularly for 
LDCs. The programmes presented are of key importance for developing countries and for LDCs.  
198.  And we really do thank the WTO Secretariat for their management of the TRIPS platform on 
the management of data and information  related to TRIPS. We encourage partners to continue their 
precious support to developing countries and in particular to the LDCs , as well as LDCs graduating 
from the categ ory.  
199.  In conclusion, we note that the WTO Secretariat will be organizing an informal workshop on 
the implementation of Article 67 of the TRIPS Agreement. We welcome that effort , and we hope that 
that informal workshop will help prevent  overlap between  the implementation of Article 66.2 and  
Article 67 of the TRIPS Agreement.  
10.4  WTO Secretariat   
200.  I just wanted to reassure Members that we would like to continue to engage with them, as we 
have already to consult with them on the format and the content of the workshop, because above 
all it is there to make their lives easier and programmes more produc tive. It is to encourage 
collaboration between Members on 11 and 12 October, but we have already had very fruitful informal 
discussions with Members and that will , of course, continue . So please do  not hesitate to contact us 
if you would like to discuss it . We will be in touch in any event.  
11  PARAGR APH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED 
ON 17 JUNE 2022  
11.1  South Africa  
201.  As the World Health Organization (WHO) declares an end to the pu blic health emergency of 
international concern related to COVID -19, it is important to recognize that the pandemic is not over 
as a global health threat. In making the recommendation, the International Health Regulations 
Emergency Committee acknowledged th at there remain uncertainties posed by the potential 
evolution of SARS -CoV-2. They advised that it is time to transition to long -term management of the 
COVID -19 pandemic. In this context, it is cr itical to continue addressing IP  barriers related to 
COVID -19 diagnostics and therapeutics to address concentration and promote diversification of 
production of these key medical tools.  
202.  The World Intellectual Property Organization (WIPO) Patent Landscape Report of April 2023 
highlights the significant IP barriers t hat still exist, which could hinder access to life -saving 
diagnostics and treatments, particularly in low - and middle -income countries (LMICs).  
203.  The report notes that although there has been a significant increase in the number of patent 
applications relate d to COVID -19 diagnostics and therapeutics, a majority of these applications come 
from a handful of high -income countries, with only a small proportion originating from LMICs. This 
concentration of IP ownership could limit access to these crucial tools in LMICs, where they are IP/C/M/108/Add.1  
- 28 - 
  needed most.  In addition, the co -sponsors have extensively detailed IP barriers in numerous 
submissions such as IP/C/W/670 , IP/C/W/ 671, IP/C/W/ 672, IP/C/W/ 673 and IP/C/W/ 674. 
204.  It has been argued that demand for COVID -19 therapeutics and diagnostics is low and that 
the extension is therefore not necessary; this notion is misleading.  There is massive unmet global 
health need for C OVID -19 ther apeutics and diagnostics. Demand for COVID -19 therapeutics and 
diagnostics is artificially suppressed. The US-based civil society organization Public Citizen has 
identified four factors that explain the anemic  demand for these necessary tools.  
 
205.  First, man y patented tools are unaffordable for LMICs. The secrecy of supply agreements 
complicates country procurement decisions. Second, it is challenging for budget -constrained LMICs 
to compete with high -income countries to purchase products in initially limited and/or unreliable 
supply. Third, competing health priorities and strained resources limit the ability of governments to 
prioritize their country 's COVID -19 response. Lastly, there are knowledge gaps regarding the 
available health technologies and the value  of testing and therapeutics. In other words, supply 
challenges – high prices, opa que and delayed and unpredictable availability – constrain demand.1 
 
206.  In the case of South Africa, lack of affordability had a direct impact on suppressing the demand 
for tocilizumab. Despite an expert panel finding that the treatment reduced deaths, the 
recommendation was that the drug not be used because it was "not afford able at the current offered 
price".2 At the cost of around USD 2,000 per patient, this life -saving therapy has been largely out of 
reach for African populations.3 
 
207.  Where Paxlovid is concerned, estimated health need in LMICs exceeds market demand by  over 
8 million  courses.4 It has also been estimated by the ACT -A Council Working Group on Diagnostics 
and Therapeutics that across ACT -A eligible LMICs, there will be an unconstrained need for 
223 million antiviral treatments in 2023, compared to demand for 31  million treatment courses.5 
This would result in 192 million COVID -19 infections in LMICs that would benefit from antivirals, but 
will ultimately not have access.  
 
208.  IP barriers must be addressed in order to meet health need for therapeutics at affordable 
prices . For example, baricitinib – a potential alternative to tocilizumab – has been manufactured by 
generic manufacturers in India and Bangladesh at prices lower than USD 7, which is about 400 times 
cheaper than the price at which it is sold by the origin ator. This treatment is protected by patents 
in several countries including South Africa and Indonesia, thereby stifling the potential for 
widespread production and availability in LMICs.6 
 
209.  In the case of diagnostics, highly concentrated production backed  by patent thickets have 
resulted in high prices.7 For example, the estimated cost of production for the GeneXpert COVID -19 
diagnostic test is just US D 3-5 per test, yet the price being  charg ed is close to USD 15 in developing 
countries, over 3 times the estimated cost of production.8  
 
210.  There are over 400 treatment and antiviral candidates in clinical development.9 Many of which 
could provide better clinical outcomes than existing treatments. It is critical that  such treatments 
are widely available if we are to end the pandemic.  
 
 
1 See Public Citizen Prehearing Brief for Investigation No. 332 -596: COVID -19 Diagnostics and 
Therapeutics and Fl exibilities Under the TRIPS Agreement  (Public Citizen) at page 10.  
2 https://mg.co.za/africa/2021 -08-26-unvaccinated -untreated -africa -may-not-get-its-fair-share -of-
covid-19-drugs/  
3 Ibid. 
4 Public Citizen at page 10.  
5 Report of the Access to COVID -19 Tools Accelerator Facilitation Council  Working Group on 
Therapeutics and Diagnostics. “Unconstrained need is the total number of cases in LMICs in the next 
12 months, regardless of a country 's testing capacity, interest in the product, or capacity to roll it out” . 
6 https://msfaccess.org/msf -responds -latest -who-recommendation -covid-19-therapeutic -baricitinib   
7 https://msfaccess.org/sites/default/files/2021 -07/IP_IssueBrief_Local -diagnostics -local-health -
needs_ENG_13.7.2021.pdf  
8 https://peoplesvaccine.org/wp -content/uploads/2022/11/A -fact-based -case-for-the-extension -of-the-
TRIPS -COVID -19-decision.pdf . 
9 https://www.bio.org/policy/human -health/vaccines -biodefense/coronavirus/pipeline -tracker . IP/C/M/108/Add.1  
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  211.  As observed by Prof . Joseph Stiglitz, test and treat program mes in developing countries will 
be limited no matter how dire the need  is, unless ample supplies of affordable diagnostics an d 
treatments are readily available.10 
 
212.  Three factors indicate that the need for new medicines is increas ing: 
i. COVID -19 has become endemic  so we need new medicines to deal with it.  
ii. New variants are emerging and vaccine effectiveness require more booster doses and 
perhaps some vaccines a re not that effective against the variants . 
iii. We urgently need treatment for long COVID. Some studies show that 1 in 8 people 
develop symptoms of long COVID which can be incapacitating. Therefore the world 
needs medic ines for prevention and treatment of long COVID.  
213.  Given the experience of PPE, vaccines, diagnostics and current medicines, LMICs cannot rely 
on the goodwill of  corporations.  The way to treat people is to ensure sustainable supply of new 
effective medicines  by enabling local production.  
214.  Companies producing the two currently available antiviral medicines, and their mouthpieces 
behind national flags say that they have the capacity to supply LMICs, but in reality, little is available 
to people in those countrie s. Pfizer is allocating only 10 million courses of the antiviral Paxlovid for 
LMICs, including 4 million via UNICEF and 6 million via The Global Fund.11 This is hardly sufficient 
for the millions of potential users in LMICs. Moreover, so far only a few tho usand doses have reached 
those countries.  
215.  Finally , at the 8 June consultation and today , the idea of having a thematic workshop was 
mooted on the understanding that independent competent authorities such as the WHO  would be a 
prominent role player  in such a workshop . We would welcome the engagement.  
11.2  China  
216.  China has always actively participat ed in the discussion on  the issue of the TRIPS waiver and 
contribut ed to the successful conclusion of the Minist erial Decision on the TRIPS Agreement at MC12. 
We note that on 5 May 2023,  the WHO announced that the COVID -19 pandemic no longer constitute s 
a Public Health Emergency of International Concern  (PHEIC),  which marked a significant outcome of 
the world 's joint response to the pandemic. However , it must be noted that the announcement only 
means a transition in the level of management of COVID -19, from emergency mode to a level the 
same as other similar infectious disease s. COVID -19 still poses a threat to global health.  
217.  At present, we are witnessing a standstill in the discussion on this topic. China calls on Members 
to continue promoting consultations and make decisions in accordance with the MC12 mandate.   
218.  Noting the wide range of COVID -19 diagnostics and therapeutics and the complex status of 
the related intellectual property rights ( IPRs), at the informal meeting held on 25 April 2023, China 
proposed to hold a thematic session on this issue, engaging rep resentatives from governments, 
agencies, academic institutions, enterprises, and international organizations to share rel evant 
information and experience. At the informal meeting held on 8 June 2023, many Members expressed 
support, which is highly apprecia ted. With the Chair's able leadership and the Secretariat 's 
organization and Member 's joint effort s, we hope that the thematic discussion could serve as a 
platform for thorough information exchanging and sharing, so as to contribute to follow -up 
consultation s on this issue. China is willing to actively participate and offer due contribution including 
recommendation of capable panelists for this discussion.   
 
10 https://www.scientificamerican.com/article/the -international -community -must-prioritize -covid-
treatment -and-test-access/ \; 
https://asia.nikkei.com/Opinion/Delays -on-WTO-deal-for-COVID -treatments -are-costing -lives-in-Asia. 
11 https://www.reuters.com/world/pfizer -provide -10-mln-courses -covid-pill-developing -countries -the-
global -fund-2022-03-02/. IP/C/M/108/Add.1  
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  11.3  Djibouti , on behalf of  the LDC Group  
219.  With regards to paragraph 8 of the Ministerial Decision on the TRIPS waiver , the LDC  Group 
aligns with the declaration made by South Africa just now on behalf of the co -sponsors  of document 
IP/C/W/669/Rev.1 . We are disappointed that Members have not been able to agree within the 
timeframe to arrive at the goal that was set for  them by the Ministers on the extension of the TRIPS 
waiver for diagnostic and therapeutic products for COVID -19. 
220.  In December 2022, the TRIPS Council recommended that the General Council extend the 
deadline beyond 17 December 2022 . We have pointed out that the deadline extension should not 
modify the Decision made during MC12 nor change its scope of application. It is regrettable that 
during the last General Council meeting in 2023, we could not take  a decision  in this regard.  
221.  We cann ot turn a blind eye to the threat of further pandemic s and the need for swift and 
affordable access to diagnostics and therapeutics. It  is very urgent that we take the actions  needed 
to prevent future tragedies, and to avoid human suffering , corporate bank ruptcies,  travel 
restriction s, and any other problems linked  to health crises . It is always better to be safe  than sorry . 
Prevention is preferable to last -minute efforts, which is why the MC12 Decision on the TRIPS waiver 
should be extended  to diagnostic and therapeutic products as soon as possible.  The LDC Group is 
concerned by the situation and remains in favour of  continuing constructive dialogue on this very 
important subject.  
11.4  Bangladesh  
222.  The delegation of Bangladesh aligns with the statement of the LDC Group and supports the 
statement of South Africa on behalf of the co-sponsors of document IP/C/W/669/R ev.1.   
223.  We must admit that the WTO could not play its role to address the COVID -19 pandemic in a 
timely manner  - a future pandemic is still a threat. We must learn from our failures and the same 
mistakes and procrastination should not be repeated. Bangladesh sincerely hopes that without 
further delay, the MC12 decision on the TRIPS waiver will be extended to cover therapeutics and 
diagnostic s.  
224.  To avoid repetition, I refer to my delegation 's previous statement in the TRIPS Council. 
Bangladesh looks forward to working with Members on this important file.  
11.5  Indonesia  
225.  At the outset, Indonesia would like to associate itself with the statement made by South Africa 
and other co-sponsors of document IP/C/W/ 669/Rev.1  proposal.  
226.  We would also like to refer to our previous state ments on this agenda item, including to register 
our disappointment in our failure to agree on the extension of the decision to therapeutics and 
diagnostics at the mandated time.  
227.  The end of COVID -19 as a global health emergency is not the end of COVID -19 as a global 
health threat. COVID -19 is the most severe health crisis in a century and the world was not prepared. 
Almost 7 million deaths have been reported, but the total death toll may be higher – at least 
20 million. It has also caused severe disruption  to health systems, and severe economic, social and 
political upheaval.  Developing  countries  and LDC  Members  took the biggest hit.  
228.  If we could learn one thing from the pandemic, the scientific discoveries of countermeasures 
that follow (including diagnostics, therapeutics and vaccines) have led to millions of lives saved. 
However, their availability, cost and uptake among targeted pop ulations is mixed, with vast 
inequalities still present across the globe.  
229.  With that in mind, it is paramount that the WTO, particularly the TRIPS Council, during this 
standstill use this time to start to lay ground, including discussing the preparation for  a mechanism 
that will allow us to swiftly respon d to future pandemic s without spending years negotiat ing, while 
people are dying. This discussion could become part of the thematic session that the Chair has 
suggested.  IP/C/M/108/Add.1  
- 31 - 
  230.  For that discussion to be fruitful, t he WHO must be given a chance to provide update s on the 
pandemic treaty discussion to inform us on how the WTO can complement their work through this 
mechanism.  
231.  Indonesia stands ready to work with other Members constructively on this matter.  
11.6  Nepal  
232.  I would like to congratulate you and extend to you my best wishes.  
233.  My delegation aligns with the statement delivered by Djibouti on behalf of the LDC Group  and 
wishes to add a few points. It has been almost one year since MC12 where  our Ministers in MC12 
mandated to complete work within 6 month s. But the discussion was inconclusive in the time  given 
by the MC12.  
234.  We should not forget so fast how devastating the COVID -19 pandemic was, and how hard 
we've been s uffering from the devastation. COVID -19 vaccines are a part of this, as only the vaccines  
can save the lives . Therefore , we have been warning Members to consider the extension of the TRIPS 
waiver to the  production and supply of COVID -19 diagnostics and therapeutics. Finally, we call upon 
Members to engage constructively and demonstrat e flexibility at the maximum possible level.   
11.7  El Salvador  
235.  We would l ike to congratulate you on your appointment as Chair of this important Council and 
to thank you for the report and efforts made to promote discussions on this topic through a series 
of consultations with Members.  We also appreciate the Secretariat 's outsta nding work to advance 
such discussions in order to ensure compliance with the decisions made by our ministers at MC12 . 
236.  Although COVID -19 is no longer a global emergency, there continues to be a lack of global 
preparedness for future pandemics. Many countri es have still not recovered from the negative impact 
of the recent pandemic, especially the most vulnerable ones.  It is important for the WTO to help 
overcome these challenges and, at the same time, ensure compliance with the agreements 
previously reached at MC12.  
237.  We agree with Members that the fundamental goal is to achieve universal and equitable access 
to vaccines by temporarily simplifying the flexibilities provided by the TRIPS Agreement. Equitable 
access to diagnostics and therapeutics is critical fo r detecting and tackling new cases and variants, 
as noted by the World Health Organization (WHO).  
238.  For this reason, El Salvador is committed to an intellectual property system that promotes and 
encourages innovation. Moreover, with its overriding interest being to protect the life and health of 
its citizens, it supports the extension of the temporary exemption for the production and supply of 
COVID -19 diagnostics and therapeutics.  
239.  We deem it necessary to accelerate the work in this Organization to find a pr ompt solution, 
stepping up dialogue and cooperation between Members.  
240.  We reiterate the willingness of the delegation of El Salvador to continue working quickly and 
constructively to facilitate the production and supply of these essential life preserving pr oducts, 
setting an important precedent, as a temporary measure in a pandemic.  
241.  Lastly, we welcome the proposal to hold a workshop or thematic session on extending the 
waiver  to the production and distribution of these products , drawing primarily on the WHO 's 
experience during and after the health crisis, along with that of WIPO, and includ ing various 
stakeholders, such as civil society and those responsible for distributing COVID -19 diagnostics and 
therapeutics.  
11.8  Peru  
242.  We took the floor to support the proposal to resume substantive discussions in this Council in 
parallel with the internal consultations that some Members, including my country, continue to hold.  IP/C/M/108/Add.1  
- 32 - 
  243.  We reiterate that Peru must secure access to me dical countermeasures, such as vaccines and 
medicines, without discrimination or privilege, given its difficult position as one of the countries 
hardest hit by the pandemic.  We also understand the need to have evidence of whether our analysis 
of the causes  and the measures to tackle them is correct and whether the analysis is sustainable 
over time.  
244.  In that respect, we support the organization of a workshop to promote exchanges with other 
international organizations and other relevant interested parties, en suring as much diversity as 
possible, including in terms of geography, to draw on a multitude of experiences and knowledge.  
11.9  Tanzania,  on behalf of the African Group  
245.  We continue to express our disappointment , as we have done in the past , with th is prolonged  
discussion on this particular agenda item. Tanzania had expected an expeditious process following 
the mandate given by the Minister s during MC12.  
246.  Also we want to welcome th e idea you have raised about holding a thematic discussion, 
however , it is not our expectation that that process will delay or prolong further the extension of the 
Decision as mandated  during MC12. We have expressed in the past our concern that following t he 
pronouncement of coming to an end of the emergenc y of the pandemic, we somehow run the risk 
of paying little attention to this challenging  problem.  Considering  the fact that new infections are 
being reported  and that the news raised the existence of new serious variants. At this particular 
moment we think treatment of COVID -19 would have been even further better than even with  the 
vaccine itself and considering that even vaccinated people can get infected and sick, therefo re 
treatment should be the ultimate goal.  
247.  Therefore , our call as stipulated in paragraph 8 of the Decision of MC12 to extend a similar 
decision on the production of diagnostics and therapeutics is still an important and crucial decision 
that needs to be m ade in this Council. Also note that our previous position remains the same on this 
agenda item.  
11.10   United States  of America  
248.  Regarding the proposal for the thematic session, thank you for the suggestion. If organization s 
have information to share i t would be helpful to receive the information in writing so we can make 
sure everyone in the decision chain receive s the information. If there is a general agreement  for a 
thematic session, we are open to discussing the topic s, speakers and other logistics with Members 
and the WTO Secretariat.  
249.  As to provide information  on the US ITC process.  I will note that on  16 December 2022, the 
United States  Trade Representative  asked the US International Trade Commission to launch an 
invest igation into COVID -19 diagnos tics and therapeutics and to provide information on market 
dynamics to help inform  the discussion around supply and demand, price points and t he relationship 
between testing and t reating , and production and access.  
250.  The ITC issued a notice  in our federal register on 6 February  2023, which contains all of the 
relevant dates and deadlines for the hearings and submissions . All of the deadlines for p ublic input 
have now passed but the ITC is still gathering input as  they deem  necessary.  
251.  With respect to the process thus far, t he ITC held a public hearing on 29 and 30 March 2023. 
We saw testimony from 56 witnesses , 29 of which were remote . A transcript of the hearing was 
made publicly , as you noted a couple of weeks ago , and we thank the Secretariat for circulating the 
transcript to Members of this Council . My team tells me that 77  briefs, statements and written 
testimonies were filed before the hearing . These are public ly available on the IT C website. Also, 5 
May was  the deadline to submit post-hearing briefs , and it looks like well over 150 were filed . These 
are also publicly available on the ITC website. The IT C's report is due to USTR on 17 October 2023 , 
and this report will be public . As we continue this process, we look forward  to continu ing to engage 
with WTO Members.  IP/C/M/108/Add.1  
- 33 - 
  11.11   India  
252.  We echo the views of the co-sponsors of document IP/C/W/669/Rev.1  who spoke before me 
and we align ourselves with the statement made by South Africa on behalf of the co-sponsors. It is 
regrettable that we are unable to deliver on such a critical issue , despite a clear mandate from our 
Ministers at MC12. We wish to reiterate that the TRIPS Council should continue deliberating on the 
substantive aspects of this proposal , and in this regard we look forward to convening informal or 
formal meetings to take substantive discussions forward. The co -sponsors have remained actively 
engaged , and in fact have engaged in extensive bilateral s with several delegations  and have 
discuss ed extensively and responded to the various issues raised by them , which was also duly 
reported to this Council.    
253.  Having said that we must avoid entering protracted and circular discussions and should engage 
with a view to arrive at an outcome , hopefully  before MC13.  
254.  With respect to holding a thematic sessions and workshops  with the participation of  external 
stakeholders like the CSOs, academia, business representatives , etc.  to inform the ongoing 
discussions , both on the paragraph 8 mandate as well as t he response to pandemic work, it is 
important that this activity has a diverse representation, both geographically as well as in the 
diversity of voices and opinions with the presence of relevant organizations and representatives of 
civil society. In addit ion, Members ' participation must be ensured in the drafting of the agenda , 
including the topics to be addressed, as well as in suggesting potential speakers. Further, we have 
to bear in mind that these workshops and thematic discussions do not in any way s upplant the 
informal and formal meetings of the TRIPS Council that must be convened to discuss the mandated 
issue at hand.  
255.  Finally , we understand  that this external engagement is limited to holding thematic sessions 
and workshops , while the deliberations and negotiations remain exclusively under the remit of 
Members . With this understanding we are ready to engage in these events . 
11.12   Switzerland  
256.  Switzerland 's view on a possible extension of the MC12 TRIPS Decision to C OVID -19 
therapeutics and diagnostics is well -known. Switzerland does not support an extension. We are 
convinced that an extension is unnecessary and would be counterproductive to our common goal of 
ensuring timely, affordable and equitab le access and to pandemic preparedness.  
257.  Switzerland has engaged actively in the discussion s. Together with Mexico we have submitted 
communication IP/C/W/693  with facts and data on inter alia  supply -demand patterns, voluntary 
licences, pricing, etc. We are c urrently looking at Colombia 's intervention, delivered last week in the 
informal TRIPS  Council, in more detail. Switzerland is willing to engage further with the Colombian 
delegation.  
258.  Our intention with communication IP/C/W/ 693 was to contribute to an eviden ce-based 
discussion. The communication clearly demonstrates that we do not face a situation where we have 
an IP -induced lack of access to COVID -19 therapeutics and diagnostics or a lack of manufacturing 
capacity. Since this communication in November 2022, this view has been confirmed: the number 
of voluntary licen ce agreements has increased, while demand for COVID -19 therapeutics and 
diagnostics has decreased.   
259.  As agreed in the General Council, we can go along with further evidence -based discussions on 
this matter in the TRIPS Council.   
11.13   European Union 
260.  The European Union has constructively engage d in the discussions on whether  to extend the 
scope of the Decision to COVID -19 therapeutics and diagnostics, and we intend to continue this 
engagement.  IP/C/M/108/Add.1  
- 34 - 
  261.  The discussions are difficult and the situation is complex . Views v ary, as we can also see in 
the present  discussion . One important element that , in our view, adds to the complexity  is the lack 
of a clear definition of these product s, contrary to the situation of COVID -19 vaccines .  
262.  In addition there are multiple factors that affect their accessibility and affordability , such as 
available financing , licensing , procurement mechanisms or regulatory proce dures , to name just a 
few. Following the discussions in the TRIPS Council in the last year and this one , it is clear that for 
a number of delegations open questions remain, especially as regards to the adequacy of the supply 
of COVID -19 therapeutics and di agnostics, the effect of mechanisms that are run by Medicines Patent 
Pool, UNICEF or  the Global Fund on access to these product s and, more generally, the assessment 
of various factors that contribute to the accessibility and affordability of COVID -19 thera peutics and 
diagnostics in low and medium -income countries.  
263.  The EU is committed to finding a way to advance discussions of the TRIPS Council by 
addressing questions that remain open, identifying concrete problems and the ways in which these 
problems can be  addressed . We believe that a number of documents, communications that have 
been also referred  to in today's  session  and submitted to this Council  can help us in advancing these 
discussions . There was, for example, a helpful document proposed by Chinese Taipei with an 
approach on how to advance discussions , and also questions that have been posed in the document 
from Mexico and Switzerland.  
264.  In this context, we think that your proposal, Chair, to also have a thematic session is one of 
the ways to advance this discussion and we are ready to support you on this proposal and engage 
on the discussion of topic s and speakers that would be relevant for this event. We will continue to 
constructively eng age on this topic and mor e generally  on this agenda item in future discussions.  
11.14   Japan  
265.  Japan appreciates the efforts made by the Chair and the Secretariat to continuously provide 
us with opportunities to discu ss this important matter.  
266.  In order to prepare for future pandemics, it is necessary to have mechanisms that provide 
strong incentives for the research and development of vaccines, diagnostics and therapeutics. From 
this perspective, intellectual property rights and the TRIPS Agreement play a crucial role in the 
research and development of vaccines, diagnostics and therapeutics.  
267.  With regard to paragraph 8 of the Ministerial Decision, Japan continues to believe that 
consideration and discussion about its ext ension for diagnostics and therapeutics should be based 
on facts and evidence regarding the multifaceted impact of IPRs and the TRIPS Agreement upon the 
production and supply thereof, within the context of COVID -19. In this regard, we understand that 
facts and evidence regarding various points of view from many stakeholders are included within the 
documents submitted and the ongoing investigation by USITC, and we appreciate these efforts.  
268.  Japan has shared various types of facts and evidence during past mee tings for the purpose of 
holding a constructive discussion in order to reach a consensus -based decision among Members, 
and we are ready to continue contributing to this discussion in a constructive manner.  
11.15   Thailand  
269.  On the issue of paragraph 8 of the Ministerial Decision, Thailand supports the continuation of 
fact and evidence -based discussions to bridge the gaps and reach consensus on this matter . 
270.  We believe that understanding what knowledge exists  and determining the knowledge gap is 
essential for generating the necessary evidence in order to promote better understanding and allow 
evidence -informed policy decisions to be made and policy coherence to be achieved.  
271.  On the idea of having a one -day them atic session or workshop, we thank you Chair for your 
kind efforts and guidance . Thailand welcome s the opportunity to gather inputs, take stock of relevant 
developments and share experiences among Members and with outside stakeholders. We are flexible 
on the timing.   IP/C/M/108/Add.1  
- 35 - 
  272.  As for the substance, we think it might be useful to hear first -hand information on the 
experiences as well as challenges in utilizing and applying the existing flexibilities and other tools 
that are available in response to the pandemic, so w e can deepen our understanding on the 
practicality of different tools and will be better equipped in preparing for the future. But we are also 
open to hearing suggestions from Members.  
273.  Thailand looks forward to participating and contributing to the session . 
11.16   United Kingdom  
274.  The MC12 Decision on COVID -19 vaccines was brokered in a particular context of the pandemic 
and was clear in its scope and applicability. The landscape for COVID -19 vaccines is very different 
to that for therapeutics and diagnostics, both in terms of supply and demand dynamics, and the 
scope of products covered. At present, the U nited Kingdom  has not formed a conclusion on an 
extension and we are still considering our position. The United Kingdom  supports  discussions, led by  
evidence and facts, as a necessary step to determine whether an extension is required, taking into 
account other factors, including unintended consequences that a broader scope may bring.   
275.  We welcomed the discussi on papers circulated last year, by Mexico and Switzerland, and 
Chinese Taipei, as important contributions to the discussion. We understand that pertinent questions 
raised by these submissions are yet to be addressed.  These relate to, among other things, id entifying 
if any barriers to accessing COVID -19 therapeutics and diagnostics are caused by IP, how product 
scope could be defined, the current supply and demand dynamics for these products, as well as 
concerns over the broad scope of a possible extension.      
276.  Chinese Taipei 's paper raised two fundamental questions: whether IP rights are the cause of 
insufficient accessibility, and whether an extension of the Decision will help? Their paper  also notes 
the role of patents in incentivizing  innovation and how weakening patent protection could adversely 
affect collective efforts to fight the pandemic.  
277.  The United Kingdom  shares the view that more patent applications do not equal restricting 
access to products and instead are proof that the current IP framework p rovides confidence to 
innovators to develop new products. It is important to note that businesses of various sizes, including 
micro, small, and medium -sized enterprises  (MSMEs) , are involved in the development and 
manufacture of therapeutics and diagnostic s. Patent protection is a way to help these businesses, 
particularly the MSMEs, attract investment. We would therefore be interested to better understand 
the concerns expressed by some Members that a growing number of patent applications should be 
interpre ted as the patent system blocking access to therapeutics and diagnostics.  
278.  The paper also helpfully notes that a key factor to increasing production and enhancing access 
to therapeutics is closer industrial cooperation between originators and generic produ cers.   
279.  The number of voluntary licens ing agreements  in place for COVID -19 therapeutics is noted by 
Mexico and Switzerland in their submission. They say that, as of 11 October 2022, 138  bilateral or 
Medicines Patents Pool -based voluntary licensing agreements comprising some of the most highly 
demanded treat ments have been signed all over the world. These agreements cover more than 
127 countries. The United Kingdom  recognizes  the essential role of generic manufacturing and has 
reiterated that it should be enabled by voluntary licensing agreements which includ e technology and 
know -how transfer. It is positive to see these partnerships formed in the COVID -19 therapeutic 
space.  We believe that discussions on how to promote technology transfer and voluntary 
partnerships can be fruitful, and the United Kingdom  stands ready to engage constructively with 
Members on this topic.  
280.  We remain of the view that TRIPS strikes the right balance between incentivizing  innovation 
and ensuring access through the flexibilities enshrined in the Doha Declaration. Therefore, decisions  
on TRIPS should be underpinned by evidence -based policymaking as businesses, of various sizes 
and all around the world, rely on certainty in the international intellectual property  (IP) framework 
to seek effective protection for their inventions. Changes that could potentially weaken the ability of 
this framework to incentivize  investment and innovation risks impacting our ability to tackle health 
emergencies both now and in the future.  IP/C/M/108/Add.1  
- 36 - 
  281.  Moving forward, we would welcome constructive sessions that bring valu able evidence to the 
conversation from a range of relevant stakeholders.  
11.17   Brazil  
282.  Brazil 's delegation supports the continued and focused dialog ue on this agenda item . In this 
sense we gather here once again to  test our collective commitment towards international cooperation 
and a balanced global IP system. The positive outcome of this continued and focused dialog will 
ensure that life -saving therapeutics and diagnostics which the most vulnerable and marginalize d 
ones, with global effects in terms of widespread resiliency  against COVID -19 and its variants. It will 
enable, moreover, WTO Member s to adopt the necessary measures to protect public health and 
promote access to medicines for all – a well -established int ernational principle that is vital in 
combating future global health crises, such as COVID -19. At the present time , as developing 
countries grapple with numerous challenges brought by the pandemic, the need for crucial 
therap eutics  and diagnostics related to infectious diseases has never been more pressing.  
283.  The access to these tools, however, is just part of the solution . It is crucial that developing 
countries also have the scientific knowledge and technological capacity to address  the challenges 
thrown up by the pandemic . This is where both discussions come into play, ensuring not only broader 
accessibility of vital therapeutics and diagnostics , but also facilitating transfer of knowledge and 
technology . 
284.  The dialog ue we are advocat ing for today , therefore, is not only about equipping every country, 
especially those most in need, with the resources and the capability to fight against global health 
threats for the benefit of us all, but also about shaping an equitable and effective intellectual p roperty 
regime that encourages innovation while also prioritizing public health and welfare. To conclude, this 
delegation remains constructively engaged in this debate and calls upon all esteemed delegations to 
stand in solidarity with the succ essful outcome of a robust and focused debate on this agenda item.  
11.18   Korea, Republic of  
285.  One of the key issues in discussing paragraph 8 of the Ministerial Decision is whether 
intellectual property  constitutes a barrier to the accessibility of COVID -19 therapeutics and 
diagnostics. As it is critical in striking a right balance between IP protection system s and the 
pandemic response, Members should work together to build a common understanding on this  issue.  
286.  It has been repeatedly pointed out that therapeutics and diagnostics have broader scope and 
IP in comparison with vaccines. Such different features of these products should be addressed in our 
discussions on substance. We also need to look further into the various aspects of current supply 
and demand, logistics and distribution.  
287.  My delegation would like to reemphasize that ongoing fact and evidence -based  discussions are 
of great importance and of great use to this end. They will also help us find a n effective and balanced 
solution under fast -changing pandemic circumstances.  
288.  My delegation will continue to constructively engage in future discussions.  
11.19   Cambodia  
289.  My delegation congratulate s you for being  elected as Chair for this Council .  
290.  My delegation aligns itself with South Africa and the LDC Group statements . We regret that 
agreement could not be reach on paragraph 8 of the Decision to extend the coverage to include 
therapeutics and diagnostic s by the original deadline.  The LDC s have been disproportionately 
impact ed by the COVID -19 pandemic , which it is still ongoing  and spreading . The extension of the 
TRIPS  Decision would have provid ed to LDC s better access to all essential medical products in 
fighting against the current pandemic and improve d readiness for the next pandemic.  
291.  My delegation supports your initiative on  a thematic discussion and propos es to invite the WHO 
to take part. IP/C/M/108/Add.1  
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  11.20   Singapore  
292.  We agree with other Members that we should use the additional time in a meaningful manner 
by engaging in substantive discussions. It is important that we take a fact -based approach in our 
discussions . In this regard we are of the view that the papers tabled by Chinese Taipei, Mexico and 
Switzerland will be a good basis for us to take these discussions forward. We also r emain open to 
discuss all papers on the table including those tabled by the proponents.  Our discussions should 
examine a range of factors that affect access to , and distribution of , diagnostics and therapeutics, 
including demand and supply chain bottlenecks . 
293.  On the  Chair's suggestion of a thematic session involving external st akeholders, Singapore is 
of the view that this could be useful in informing our substantive discussions. As my colleague from 
India mentioned earlier, it is important to ensure diversity in the stakeholders invited to the 
workshop or the thematic session,  so that we can benefit from different perspectives. We will also 
be happy to engage further with you on the speakers  and topics for this . 
294.  Lastly, I would like to reiterate that our discussions and any decision should preserve the 
incentives for innovation,  which have enabled pharmaceutical companies to respond quickly to the 
COVID -19 pandemic and also do so  for future pandemics. This was underscored by the recent WIPO 
Patent Landscape Report on COVID -19 Related Vaccines and Therapeutics 2023 which offered 
evidence that : 
i. The rapid development and deployment of COVID -19 vaccines were the result of 
decades of vaccine technology R &D, supported by the intellectual property  framework.  
ii. There was extensive and successful collaboration between private and public sec tor 
organizations , underpinned by an IP framework of licensing and technology transfer 
agreements.  
iii. The development of health technologies and solutions were primarily market -driven, 
and commercial interests had a direct impact on the flow of investments i nto related 
R&D.  
295.  Hence, we must uphold a robust IP ecosystem that promotes innovation and enable us to be 
prepared for future pandemics.  
11.21   Hong Kong, China  
296.  Hong Kong, China joins others in welcoming  the suggestion of holding an informal  thematic 
session with participation from external stakeholders  in late September or early October on the issue 
of paragraph 8 of the Ministerial Decision and more broadly on paragraph 24 of the Ministerial 
Declaration . We believe this would be a useful opportunity to revive the substantive discussion  which 
should be based on relevant facts and evidence . We look forward to receiving the draft programme 
and speakers list in due course.  
11.22   South Africa  
297.  It is important to address one theme that emerges from some submissi ons that we have heard  
now. We would like to indicate that from our perspective, voluntary licen ces are an important tool. 
Having said this, the COVID -19 pandemic has revealed that they are inadequate to deal with such 
health emergencies. As demonstrated, during a pandemic scaling up and diversifying production is 
key to a state's health security . 
298.  One of the factors that  has limited the effectiveness of voluntary licen ces as a public health 
tool is that they contain geographic restrictions, resulting in market fragmentation and gaps in 
access, particularly for upper middle -income countries. When such countries are included, terms 
that limit scalability and effectiveness of  the arrangements tend to be included.  
299.   I want to also give a practical example from my own jurisdiction : the MPP licen ce concluded 
with a South African -based pharmaceutical company dealing in particular with  molnupiravir . The 
licence contained territorial  restrictions which mean t that neighbouring countries could not benefit.  IP/C/M/108/Add.1  
- 38 - 
  In addition, this also had an adverse impact on economies of scale , of course. In addition , the terms 
exclude the South African private sector which accounts for approximately 80% of purchasing power 
in our country 's health sector. The public sector, therefore,  is ostensibly the only beneficiary of the 
licence. However , the public sector has declined to recommend molnupiravir  due to contra -
indications. The Health Ministry was not consu lted on the conclusion of the licence. 
300.  This is a clear demonstration of the fact that voluntary licences are good , but they can certainly 
not be seen  as a panacea when there is an urgent need.  
12  INTELLECTUAL PROPERTY AND THE 1998  WORK PROGRAMME ON ELECTRONIC 
COMMERCE  
12.1  South Africa  
301.  Document IP/C/W/698  is submitted in fulfilment of the mandate set out in the Work 
Programme on Electronic Commerce ( WT/L/274 ). Paragraph 4.1 provides that  
"The Council for TRIPS shall e xamine and report on the intellectual property issues 
arising in connection with electronic commerce. The issues to be examined shall include:  
- protection and enforcement of copyright and related rights;  
- protection and enforcement of trademarks;  
- new technologies and access to technology. " 
302.  The need to intensify these discussions was reconfirmed by Ministers at MC12. The WTO 
Ministerial Decision in this regard states that "We agree to reinvigorate the work under the Work 
Programme on E lectronic Commerce, based on the mandate as set out in WT/L/274  and particularly 
in line with its development dimension ". 
303.  In order to fulfil this mandate, the relationship between intellectual property and development 
and the various Sustainable Development Goals (SDGs) needs to be mainstreamed into the 
discussion of the TRIPS Council.  
304.  Reinvigoration of these discussions is t imely. In the ever -evolving landscape of the digital era, 
e-commerce has emerged as a powerful catalyst for economic growth and global connectivity. As 
online platforms continue to reshape the way we do business, it is essential to recognize the intricate 
relationship between e -commerce and IP. The TRIPS Council is the relevant platform for this 
discussion.  
305.  The United Nations Conference on Trade and Development (UNCTAD) Digital Economy Report 
of 2021 provides crucial insights into the profound impact of e -commerce on global trade and 
development. It captures the transformative effect of digital technologies as follows: "Increasing 
digitalization of the economy and society is changing the ways people act and interact ". 
306.  This far -reaching change has the potenti al to positively impact the lives of millions of people. 
However, without strategic interventions, there is a risk that the most advanced players in the digital 
sector will continue to grow more dominant while those at the lower end of the spectrum in term s 
of technological wherewithal, would remain locked -in as mere consumers rather than producers of 
digital products.  
307.  Take data collocation facilities for example. Data has become the lifeblood of the digital 
economy, enabling businesses to gain insights, i mprove decision -making, and enhance customer 
experiences. However, 80% are in developed countries, with the United States  accounting for about 
40%. Africa and Latin America together account for less than 5 % of the world 's colocation data 
centres. The Cloud  market is also highly concentrated, with four out of the five providers based in 
the US. Equally, four online platforms dominate the intermediation market globally.  
308.  The preamble of the TRIPS Agreement emphasizes the underlying policy objectives of nationa l 
systems for the protection of intellectual property, including developmental and technological IP/C/M/108/Add.1  
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  objectives. These objectives should be read in conjunction with Article 7 and 8 of the 
TRIPS  Agreement. What role has the IP system played in the concentration  of markets and is it 
sustainable?  
309.  Balancing the need for data access and innovation with the protection of IP rights is a complex 
challenge that requires careful examination.  By fostering a deeper understanding of the relationship 
between e -commerce and i ntellectual property, Members can formulate policies and legal 
frameworks that strike the right balance. Such measures should aim to encourage innovation, 
promote fair competition, and protect the rights of creators and inventors.  
310.  Furthermore, exploring th e connection between e -commerce and IP, including facilitating 
technology transfer and knowledge sharing among nations can be valuable in ensuring that 
developing countries, in particular, can leverage e -commerce to access global markets, participate 
in value chains, and tap into new business opportunities. Members need to identify the intellectual 
property issues arising from e -commerce, and discuss appropriate policy responses that address the 
development concerns, including in relation to the protection of the se rights.  
311.  This paper seeks to stimulate earnest reflection on the relationship between IP and 
e-commerce with the view to enhancing Members ' understanding of how this link can advance 
developmental aspirations.  The questions posed in Section 4 of the paper are of a broad nature and 
seek to stimulate the said discussion.  
312.  Given that this discussion is mandated and in light of the extensive nature of issues that arise 
from the questions, my delegation proposes that this be made a standing agenda item . 
12.2  China  
313.  China would like to thank South Africa for bringing this important issue to the table, we are 
glad to take this opportunity to exchange experience and good practices with Members  on four of 
the nine questions listed in South Africa' s proposal : 
314.  First, r egarding Question 1  on the relations between exceptions and limitations and innovation 
and dissemination of technology.  The Patent Law of  the People 's Republic of China provide s for 
compulsory licensing system s as well as patent infringement  excepti ons such as patent right s 
exhaustion, rights of prior use , etc. These exceptions and limitations could help balancing patent 
holders ' rights and public interests, as well as to promote the dissemination and utilization  of 
technologies.  
315.  Regarding Question 3  as to how Members address anti -competitive conduct , and structure with 
respect to e -commerce including the abuse of intellectual property rights, the Patent Law of the 
People 's Republic of China also stipulates condit ions that constitute monopoly acts when applying 
for and exercising patent rights. Such monopoly acts would be handled in accordance with the Anti-
Monopoly  Law of China. Meanwhile, in order to eliminate or reduce the adverse impact of such 
behavior on comp etition, compulsory licensing  may be carried out.  
316.  Regarding Question 4  as to the rapid expansion in artificial intelligence -related patent 
applications, how to improve access to such technology , in China, and in the rest of the world 
emerging technologies are rapidly developing, and the number of patent applications related to those 
technologies continues to grow rapidly. In this regard, China has adopted a series of measures for 
patent applicants . For example , in terms of clearer guidance on obtaining patent rights, we keep 
revisiting and continuously improving the examination standards related to the object, creativity, 
specification, and claim writing of AI applications . Then,  in terms of efficiency on obtaining those 
patent rights, we provided multiple methods such as priority examination, centralized examination 
and a Patent Prosecution Highway . In terms of international information sharing , we participated in 
the discussion on the patent review standards of emerging technologies un der multilateral 
cooperation frameworks, and studied the world 's developing trend s on oversea s applications  as well 
as a reference for domestic applications  
317.  Regarding Question 9  on the implications of new business models on IP systems  such as 
streaming ser vices, the rapid development of new industries such as AI, "Internet plus ", big data , 
blockchain and metaverse is impacting on the patent objects, the review rules and many other IP/C/M/108/Add.1  
- 40 - 
  aspects of IP protection. China will continue to monitor the overall developi ng trend of new 
technologies and new business models, and to continuously optimize and improve relevant patent 
examination policies, examination models and rules, so as to support scientific and technological 
innovation.  
12.3  Tanzania  
318.  Tanzania  welcome d the submission made by the delegation of South Africa. Considering the 
exponential growth of the E-commerce and its technical applications  with embedded IP protections , 
and also considering the monopolies behind the AI technologies,  and the fact that  our economies 
are in the transition into the digital economy , we see the importance of the Council 's role. We need 
to intensify discussions on this particular agenda item. At least to have an honest discussion and see 
what a re the challenges facing developing countries , and where leverage can be drawn for  
developing countries to benefit from the vast expanding technology of this particular area. Therefore, 
extending this agenda item to continue the discussion is important as called for  by the delegation  of 
South  Africa.  
319.  It has come at a time where there is this need , a growing need  from developing countries to 
also participate in this area , particularly to e-commerce . Therefore , we wanted to subscribe to the 
proposal made and  we welcome the proposal while it is still in a preliminary stage of review . We will 
also engage our capital to look at it in details and perhaps see the possibility to join the delegation 
of South Africa in that particular matter.  
12.4  Djibouti , on behalf of the LDC Group  
320.  The LDC Group would like to thank and congratulate South Africa for their communication in 
the document IP/C/W/698 . This document raises significant questions about the reintegration of the 
Electronic Commerce Work Programme into the four bodies as designated in the 1998 Work 
Programme. In particular the issue of digital technologies and intellectual property is essential for 
LDCs. Article 7 and Article 66.2 of the TRIPS Agreement are important provisions for deepening 
relations in the field of electronic commerce. We hope that the TRIPS Council can continue 
discussions on the basis of the communication from South  Africa which raises a number of issues in 
paragraph 16 of its submission. The LDC Group would be interested in the reactions of the WTO 
Members.  
12.5  Indonesia  
321.  Indonesia would like to thank South Africa delegation for presenting this proposal. We will 
study this proposal further, but in general, our view is that with the growing importance of 
e-commerce, international trade rules on e -commerce must ensure the inclusivity and fairness of 
the global e -commerce ecosystem, including and not limited to the linkage between IPR protection 
and dissemination of new digital technology to developing country Members and LDCs.  
322.  On that note, Indonesia welcomes the idea that the TRIPS Council should establish the topic 
of IP and e -comm erce as a standing agenda item to allow Members to raise issues for discussion in 
a regular manner in implementation of the 1998 Work Programme on e -commerce.  
323.  This will allow a substantive discussion based on the questions raised in the proposal by South 
Africa. 
12.6  Australia  
324.  First allow me to congratulate you on your appointment and assure you of Australia 's support 
as you pursue  this important work and also the very important work in your informal role as karaoke 
leader for MC13 ! 
325.  We would like to thank South Africa for circulating this proposal which we are continuing to 
consider , and we hopefully come back with responses to the s pecific questions in the future.  
326.  Australia has been pleased to participate in the intensified discussions under the Work 
Programme on Electronic Commerce  that have taken place since MC12.  The Work Programme has IP/C/M/108/Add.1  
- 41 - 
  encouraged Members to focus more deeply on s pecific agreed issues and enabled positive, forward -
looking discussions on the benefits to be gained from engag ement  with e -commerce . 
327.  Australia has also been pleased to see that most topics under the Work Programme have 
stimulated fulsome discussions , incl uding  on how we support developing and least -developed 
countries  to more fully reap the  benefit s of electronic commerce , including through reduc tion of  
trade costs, improved productivity and increased ability to participate in export markets.  
328.  Australia doe s not generally see the benefit of introducing a standing agenda item on this topic 
in the TRIPS Council. There is of course nothing preventing a Member from requesting an ad hoc  
agenda item where they have a specific issue to discuss that relates to the n exus of intellectual 
property and e -commerce. We consider that such ad hoc  agenda items, where they are based on 
specific proposals or communications are more conducive to ensuring Members are able to fully 
prepare for the particular issue to be discussed,  when compared to a standing agenda item on such 
a broad topic as e -commerce. We therefore consider that ad hoc  agenda items would lead to a more 
productive exchange of view s. 
12.7  India  
329.  India would like to  thank South Africa for their document  IP/C/W/698  and their presentation . 
We commend their efforts to bring this useful and relevant topic on the agenda of this Council.  
330.  Since the TRIPS Agreement came into force and twenty years since the landmark 
Doha Declaration was adopted science, technology, innovation, R&D, and the knowledge economy 
has evolved and come a long way. The first three objectives as mentioned in Article 7 of the TRIPS 
Agreement that is technological innovation, transfer and dissemination of  technology, and the 
production and use of technological knowledge focus on technological development and the  unfolding  
e-commerce revolution is one such development. IPRs have been designed to benefit society by 
providing incentives to introduce new inven tions and creations. In introducing IPR protection, 
countries thus should frame the applicable rules so as to promote technological innovation and the 
transfer and dissemination of technology "in a manner conducive to social and economic welfare " as 
envisa ged in Article 7. In addition, WTO Members are allowed to "adopt measures necessary to 
protect public health and nutrition, and to promote the public interest in sectors of vital importance 
to their socio -economic and technological development … ", as laid down in the principles in Article 8 
of the TRIPS Agreement.  
331.  Furthermore, the Preamble to the TRIPS Agreement , its Articles 7 and 8 alongside the Doha 
Ministerial Declaration and the Declaration on TRIPS and Public Health provide the foundation for a 
new le gal and policy perspective on international IP regulation that is fully supportive and inclusive 
of social as well as economic development in Members. In addition, the MC12 Decision on the TRIPS 
Agreement  adopted on 17 June 2022 becomes a landmark Decision  in not so much, on how it 
delivered on ground, but in laying to rest ideological differences on the necessity of or utilisation of 
policy space, as it reinforces the freedom of Members to fully utilise the policy room within the TRIPS 
Agreement and that i s a good starting point. As stated in the submission, therefore, the emerging 
issues owing to the overlap between IPRs, and competition policy, and e -commerce would need 
policy responses aligned with the principles and objectives as laid down in Article 7 and 8 of the 
TRIPS  Agreement.    
332.  It is disappointing that technology transfer, at best, has been considered a subsidiary or an 
offshoot of the grant of intellectual property, which takes place, for instance, through the disclosure 
of patent information in the patent application process. It does not prescribe a general mandate for 
technology transfer for all countries at the international level. IP norm -setting through FTAs has 
further tipped the scales toward strengthening IP protection without reciprocal c ommitments on 
issues like technology transfer. While F ree Trade Agreement s (FTAs)  and Bilateral Investment  
Treaties ( BITs) have endorsed a TRIPS -plus framework for IP protection, the obligations relating to 
technology transfer as well as the new IP issues that are being brought to the fore by the evolving 
e-commerce ecosystem, have not exceeded Article 7 and Article  8 TRIPS ' formulation s. Given this 
structural mismatch in the current IP system, there is a need to re -conceptualize the relationship 
between IPRs and e -commerce including technology transfer from a developmental perspective, with 
technology development, diffusion, capacity -building and policy space as its fundamental elements.   IP/C/M/108/Add.1  
- 42 - 
  333.  I hope this paper will stimulate a discussion in this Council as it raises some pertinent questions 
on relevant issues and we would be happy to answer those and to engage with WTO Members  to 
take forward these discussions . In this regard, we support the call for making this a standing agenda 
item in TRIPS Council meetings.  
12.8  European Union 
334.  The EU would like to thank South Africa for their communication on "Intellectual Property and 
the 1998 Work Program me on Electronic C ommerce ". The EU is actively engage d in reinvigorating 
this Work Programme and we note that discussions are underway in dedicated sessions overseen by 
the General Council. These sessions include a broad array of aspects of e -commerce, including 
certain IP -related topics, as selected by the facilitator based on the proposals by Members, and this 
Work Programme is comprehensive, inclusive and the outcome of the discussions is highly 
informative. We therefore believe that in the best interest of the ongoing process, it would be 
preferable if Members could channel their substantive points via the dedicated framewor k. This will 
help maintain the needed focus and comprehensiveness of the process while avoiding duplication of 
discussions.  
335.  Members are, of course, always free to request an ad hoc  agenda item in the TRIPS Council to 
discuss specific issues but given the o ngoing process we do not see an added value in a standing 
agenda item on this matter.  
12.9  United States  of America  
336.  The United States  thank s South Africa for its paper.  Under the Work Program me on Electronic  
Commerce,  the TRIPS Council is to examine protection and enforcement of copyright and related 
rights as well as  trademarks and the new technologies and access to technology .  
337.  While there is renewed attention on the Work Programme , the TRIPS Council has never really  
stopped  focusing on the issues identified by it . Ensuring widespread access to new technolog ies 
through protection and enforcement of copyrights and related rights and trademarks is at the very 
core of the work this Council does. P resentations by developi ng country Members and numerous 
international organizations and other bodies, such as the Working Group on Trade and Transfer of 
Technology, have emphasized both rules  in both developed and developing economies in ensuring 
access to technology . Developed c ountry Members have discussed their extensive capacity -building 
program mes and technology transfer initiatives, including as related to IP protection and 
enforcement designed to build the absorptive capacity of developing countries and LDCs.  
338.  Meanwhile, Members have recognized the important role of the developing economy in crea ting 
an environment conducive to technology transfer. In particular, international organizations such as 
the World Bank, UNCTAD,  and the OECD and the United Nations Food and Agriculture Organization 
have emphasized  the importance of investment  protection, removal of trade barriers  to technology 
and strong intellectual property protection in creating an environment in which technology transfer 
can thrive .  
339.  In light of this background , as called for by the Work Program me on e-commerce, this Council 
should foc us on how the TRIPS Agreement ensures protection and enforcement of copyright and 
related rights as well as trademarks and how that protection enforcement relates to new tech nologies  
and access to technologies. The questions posed  by South Africa run large ly contrary to this 
mandate. To the extent that a discussion moves forward in the TRIPS Council, an appropriate place 
to start would be how the TRIPS Agreement applies to new technologies and how the protection and 
enforcement of IP rights can promote acce ss to these new technologies . Because of the apparently 
significant disconnect between Members on the topic, we do not support adding the Work Program me 
on Electronic Commerce  as a standing agenda item.  
12.10   Switzerland  
340.  Switzerlan d thanks South Africa for their submission on "Intellectual Property and the 1998 
Work Programme on Electronic Commerce ". We note that certain IP -related topics have been taken 
onboard in the dedicated sessions of the Work Programme on Electronic Commerce. Being mindful 
not to duplicate discussions, we do call on Members to focus their exchanges under that framework IP/C/M/108/Add.1  
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  for discussing substantive issues. Recent sessions were highly instructive, and Switzerland 
appreciates the quality of the e xchanges that took place.  
341.  Regarding the possibility of creating a standing item on the agenda of the TRIPS Council, 
Members are free to request an ad hoc  agenda item to discuss any specific matter. We therefore see 
no value in such a standing item.   
12.11   South Africa  
342.  South Africa thank ed delegations for their consideration of its proposal. We naturally would 
like to express gratitude to delegations that reacted positively to the content and would also like to 
give a special thanks to the distinguish ed delegate from China that engaged substantially with the 
questions , and we would follow -up that discussion.  
343.  On the notion that discussing the e-commerce mandate in  the TRIPS Council is a duplication, 
that is simply not in line with para. 4.1 and the mandate pr ovided by the 1998  Work Programme. 
As a focal point for the African Group on e -commerce, I do participate extensively in all the dedicated 
discussions led by the facilitator and certainly  do not see any reason that discussion in the TRIPS 
Council w ould in any way contradict or be a duplication particularly with the mandate of para. 4.1 in 
mind.   
344.  Having said that, we are committed to continuing to pursue the mandate set out in the 1998 
Work Programme and will continue to play our part . We do thank delegations and look forward to 
further engagement.  
13  IP AND INNOVATION : RESEARCH COLLABORATION ACROSS B ORDERS  
13.1  Chinese Taipei  
345.  We would like to congratulate you for being elected to chair this important Council. We wish 
you a wise guidance , and our  delegation would like to contribute to constructive discussion s.  
346.  Accor ding to the IMD World Competitiveness Yearbook 2022  released by the International 
Institute for Management Development (IMD) in Switzerland, the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu ranked 7th in overall competitiveness out of 63 evaluated 
economies. We held the 1st position for total R&D personnel per capita and the 3rd position in terms 
of total expenditure on R&D as a percentage of GDP. With over 50% of our manufactured exports 
being high -tech products, we were ranked the 3rd in High-tech exports . The Global Innovation Index 
published by WIPO also highlighted our strength in innovation and research – in the global ranking 
of the top 100 S&T clusters with the highest concentration of inventors and scientific authors, the 
"Taipei -Hsinchu " cluster was ranked 26th position, demonstrating our significant strength in 
innovation and research, showcasing our robust capabilities in the field of research and development.  
347.  It is undeniable that innovation and R&D have a significant impact on economic growth and 
productivity. In recent years, the manufacturing industry has emerged as a primary driving force 
behind our economic growth. Particularly, the Information and Communication Technology (ICT) 
industry, which holds the highest share of our  manufactured exports, has significantly enhanced 
industry value through innovative applications. In response to the restructuring of the global supply 
chain in the post -pandemic era, the government has adapted its approach and implemented the "Six 
Core St rategic Industries Promotion Plan " since 2020, building upon the previous foundation of the 
"5+2 Innovative Industries Plan. " The above -mentioned industries include information and digital 
industries, cybersecurity industries , precision health industries , green and renewable energy 
industries , national defense and strategic industries, and strategic stockpile industries. The 
implementation of the Plan is spearheaded by 18  government agencies, including the Ministry of 
Economic Affairs.  
348.  Our cross -border collaboration in technology R&D involves a diverse range of partnerships 
between the public and private sectors. These partnershi ps include research teams composed of 
government -funded entities, academia, and industry players. The Ministry of Economic Affairs serves 
a pivotal role as a government agency, leading initiatives that promote international cooperation 
program mes. These pr ogram mes aim to attract international research expertise, establish beneficial IP/C/M/108/Add.1  
- 44 - 
  relationships with multinational corporations that will boost research investments in our land, and 
position us as an attractive partner for research, innovation, collaborative production, and value 
creation.  
349.  Taking our thriving ICT industry as an example, the government has taken concrete steps to 
support its growth, such as providing subsidies for collaborations between international industry 
giants and domestic supply chains, specifically in the areas of semiconductor equipment and 
materials, next -generation communications, and AI. Additionally, the government actively engages 
in international standardization efforts and technical cooperation to ensure alignment with global 
advancements in 5G technology. Strategic partnerships with leading international Electronic Design 
Automation (EDA) companies have also been established to encourage research and development 
investments in our land.  
350.  With the rapid advancement of digital tools  and technology, we have achieved fruitful research 
collaborations with major global economies. An excellent instance of cooperation between us and 
Europe is a joint effort initiated by the Ministry of Economic Affairs. Acknowledging the EU 's 
pioneering ro le in advanced technologies and their implementation in the communication industry 
and the synergies between our semiconductor and ICT supply chains, we have been actively engaged 
in the EU 's "Horizon 2020 " program me since 2016 under the "Targeted Opening Call" initiative. Our 
proposals were given due recognition and approval by the E uropean Union (EU), paving the way for 
cooperative ventures with European firms in the research and development of 5G technology. To 
date, we have successfully completed two ph ases of cooperation, with a combined investment of 
EUR 18 million. The partnership between us and Europe provides valuable prospects for our domestic 
companies to expand their market presence and pursue new avenues of growth. Moving forward, 
we remain comm itted to deepening our collaboration with the EU, particularly in the fields of 
communication technology and more, within the framework of the new "Horizon Europe " 
program me. 
351.  The Ministry of Economic Affairs states that results yielded through R&D efforts,  including their 
corresponding intellectual property rights, belong to the implementing unit, with exceptions made 
for cases related to national security, according to the Government Scientific and Technological 
Research and Development Results Ownership a nd Utilization Regulation. In instances of 
international cooperation, ownership of research and development results will be determined by the 
terms outlined in international cooperation contracts.  
352.  Collaboration on scientific research across borders is a mu tually beneficial endeavor, and we 
recognize the importance of safeguarding intellectual property rights resulting from such 
collaborations. As technology and industry demands continue to evolve, we have taken proactive 
measures to enhance IPR protection, with the ultimate goal of creating an environment that appeals 
to multinational corporations for collaborative research and investment. We would greatly appreciate 
hearing from all Members about their international collaboration policies and experiences.  
13.2  United States  of America  
353.  Research collaboration occurs in a variety of ways across the globe and we look forward to an 
interesting discussion from all Members about the cooperative activities going on in th eir regions . In 
the United States, i nternational engagement and partnerships are integral to US research and 
development.  The US innovation  environment relies on complex and diverse cross -sector 
collaborations and multi -stakeholder coalitions, and international relationships are critical to this mix 
of partnerships.12  
354.  While collaboration takes place between private and public institutions, for the purpose of the 
present discussion  I will focus on some of the collaboration that occurs between the US  government 
and other countries.  The National Center for Science and Engineering Statistics reports that t he 
United States collaborated with international partners on 40% of the US articles in 202013, with most 
articles in collaboration with China, the United Kingdom , Germany, and Canada .14 
 
12 https://www .ncbi.nlm.nih.gov/books/NBK572796/ . 
13 https://ncses.nsf.gov/pubs/nsb20214/international -collaboration -and-citations . 
14 https://ncses.nsf.gov/pubs/nsb20214/international -collaboration -and-citations . IP/C/M/108/Add.1  
- 45 - 
  355.  Scientific cooperation between the United States  and other countries takes place  using a 
variety of arrangements, from informal scientist -to-scientist collaborations to cooperation between 
research institutions to formal  agreements between technical agencies.15 
356.  Bilateral, government -wide agreements, also referred to as Science and Technology 
agreements , seek to establish a framework to foster international science collaboration while 
protecting intellectual property, establishing benefit sharing, and preventing taxation of research 
equipment.16 Agreements like this have been signed with over 40 nations17, including China, Japan, 
Libya, Pakistan, India, Tunisia, Morocco, and Germany.18  
357.  These types of bilateral agreements are just a small sampling of the international research 
cooperation that occurs between the US and other countries. A wide variety of int ernational research 
collaboration occurs between US government agencies via bilateral and multilateral projects. For 
example, the National Science Foundation ( NSF) has conducted numerous  bilateral and multilateral  
projects such as  the International Biologi cal Program (IBP) and Tropical Oceans -Global Atmosphere 
(TOGA) Program.  
358.  The NSF also participates in t he International Gemini Observatory , which  provides the 
astronomical communities in six participant countries with state -of-the-art astronomical faciliti es.  
In addition to financial support, each country also contributes significant scientific and technical 
resources. The  other  national research agencies that form the Gemini partnership include: the 
Canadian National Research Council (NRC) , the Chilean Ag encia Nacional de Investigación y 
Desarrollo (ANID) , the Brazilian Ministério da Ciência, Tecnologia e Inovação , the Argentinean 
Ministerio de Ciencia, Tecnología e Innovación , and the Korea Astronomy and Space Institute  
(KASI).19 
359.  The US Department of Agri culture O ffice of International Research Engagement and 
Cooperation  facilitates bilateral partnerships  to work on agricultural issues that affect both partners, 
including South Korea, Israel, and Brazil. Multilateral partnerships through this office help a ddress 
global agricultural issues, for example, the Global Research Alliance on Agricultural Greenhouse 
Gases  or the Global African Swine Fever Research Alliance .20  
360.  As the discussion paper notes, it is important for collaborators to address intellectual p roperty 
issues before engaging in collaboration. For example, the National Institutes of Health (NIH) will 
notify researchers of potentially commercially valuable products or processes as part of its project 
review.21 NIH also offers a wealth of informatio n on its website for both foreign organization s looking 
to secure NIH funding, or domestic researcher s or institution s partnering with a foreign 
collaborato r.22 
361.  In conclusion, t he US National Science Foundation notes the importance of international 
research collaboration :  
"In today 's world, NSF cannot achieve its goals in isolation …US scientists and engineers 
must be able to operate in teams composed not only of people from many disciplines, 
but also from different nations and cultural  backgrounds.  New ideas emerge from the 
intellectual interactions of people from diverse backgrounds everywhere and in every 
 
15 https://www.sciencediplomacy.org/article/2012/science -and-technology -agreements -tools-for-
science -diplomacy . 
16 https://www.sciencediplomacy.org/article/2012/science -and-technology -agreements -tools-for-
science -diplomacy . 
17 https://blogs.scientificamerican.com/guest -blog/how -international -cooperation -in-research -advances -
both-science -and-diplomacy/ . 
18 https://www.sciencediplomacy.org/article/2012/science -and-technology -agreements -tools-for-
science -diplomacy . 
19 https://www.gemini.edu/ . 
20 https://www.ars.usda.gov/o ffice-of-international -research -engagement -and-
cooperation/international -research -engagement -and-cooperation -partnerships/ . 
21 Glover, Kira, Intellectual property rights and international collaboration: A US perspective. C urrent 
Science, Vol. 70, No. 12 (25 June 1996), pp. 1057 -1059. 
22 https://nexus.od.nih.gov/all/2022/12/07/international -collaborations -advice -from-experts/ . IP/C/M/108/Add.1  
- 46 - 
  country.  Many scientific tools, both large facilities and large distributed and networked 
databases, will necessarily involve int ernational partners. " 
362.  International collaboration and effectively navigating IP and other issues involved will likely 
only increase in importance as we seek to address global challenges through research in science and 
engineering.  
13.3  Australia  
363.  Australia is pleased to be a co -sponsor of the communication Intellectual Property and 
Innovation: Research Collaboration Across Borders , document IP/C/W/699 , and would like to thank 
the US for its efforts in coordinating this communicati on.  
364.  We would like to provide some information on a specific cross -border research collaboration - 
the Australia -India Strategic Research Fund the "AISRF ". Established in 2006 , the Fund aims to 
support collaboration between Australian and Indian researchers in strategically focused, 
leading -edge scientific research and technology projects. Intellectual property is managed at the 
project level and agreed between project partners.   
365.  The Fund has supported 368 collaborative activities in a wide range of mutual priority areas 
such as agriculture, biomedical devices and implants, renewable energy, nanotechnologies and 
vaccines. The Fund has provided a pathway for researchers to establi sh links with counterparts and 
helped facilitate many successful research projects, including several documented large -scale 
projects which are of significant importance to Australia, India, and globally.  
366.  We consider the Australia -India Strategic Research Fund to be an example of the benefits of 
international research collaboration.  We look forward to hearing other Members ' experiences.  
13.4  Singapore  
367.  I would like to thank the U nited States for preparing this paper which Singa pore is pleased to 
co-sponsor.  
368.  For the past few decades, Singapore has made steady progress towards becoming an 
innovation -driven economy. Our national Research, Innovation, and Enterprise (RIE) 2020 and 2025 
plans committed SGD 19 billion and SGD 25 bill ion respectively to grow our research and innovation 
ecosystem, and establish Singapore as a global innovation hub.  
369.  Today , Singapore is increasingly recognized  as a global hub for innovation. In 2022, the Global 
Innovation Index ranked Singapore as the wor ld's 7th most -innovative economy in the world.  
370.  Singapore also plays host to an increasing number of international collaborations. For example, 
through the Global Innovation Alliance (GIA), Singapore is well -connected to many other innovation 
nodes in the region and the world. Under the GIA, Co -Innovation programmes are run with partners 
in more than 35 countries.  
371.  A recent Singapore study with the World Intellectual Property Organization  (WIPO) on 
innovation hotspots using patent data found that internatio nal collaboration in the field of research 
has been increasing. From 2001 to 2020, the number of co -invented patents involving cross -border 
collaborations rose about four -fold to around 3,000. Over the same period, the number of patents 
generated by foreig n enterprises grew from 44.2% to 54.6% of all patents where at least one 
inventor is a Singapore resident, highlighting the steady rise of international collaborations in 
research and innovation.  
372.  This rise in international collaborations has helped to bols ter Singapore 's economy through 
foreign direct investments, a key economic driver given our small domestic market. MNCs such as 
Dyson, Procter & Gamble and Infineon Technologies, have all established R&D centres in Singapore.  
373.  In December 2022, American semiconductor equipment maker Applied Materials announced 
its "Singapore 2030 " plan, which includes broadening its technology ecosystem partnership with and 
building a SGD 600 million plant in Singapore. This expansion is estimat ed to directly create around IP/C/M/108/Add.1  
- 47 - 
  1,000 new jobs in manufacturing and R&D, and will deepen Singapore 's role as a critical node in the 
global semiconductor supply chain.   
374.  In addition, international collaboration projects, such as the UK -Singapore Collaborative R&D 
Call which subsides project costs for start -ups/SMEs, are another way the benefits of innovation can 
be brought to enterprises regardless of market size. One local company that benefited from this 
initiative is Aliena, a Singapore space -tech start -up that partnered with researchers from Imperial 
College London and UK -based aerospace firm, URA Thrusters. Aliena 's new hollow cathode 
technology enables a more sustainable alternative to conventional satellite engines that run on fuel. 
This collaboration wit h international partners has allowed it to bring its technology to the market 
expeditiously, with its thrusters being used on SpaceX 's rocket launch in January 2022.   
375.  The advent of emerging technologies, such as blockchain and generative artificial intell igence, 
will call for international communities to land on a common understanding of their benefits and 
impacts to unlock their full potential.  
376.   Singapore is committed to working with our partners, both locally and abroad, to catalyze  
Singapore 's innovation and IP ecosystem for businesses, innovators , and creators.  
13.5  Japan  
377.  First of all, the delegation of Japan would like to thank the delegation of the United States  for 
introducing our concept paper.  
378.  As introduced in t he concept paper, international research collaboration is a very useful tool 
for researchers and enterprises in areas such as efficiency and cost consideration —particularly for 
MSMEs, whose resources are often limited.  
379.  The Government of Japan has been acti vely supporting research collaboration across borders 
for entities including private enterprises and universities. For example, a national agency called the 
Japan Science and Technology Agency (JST) has launched a Strategic International Collaborative 
Research Program. As part of this initiative, JST cooperates with funding agencies in counterpart 
countries and regions to provide large -scale funding to researchers aimed at facilitating collaboration 
among researchers in a broad range of countries.  
380.  As stated  in the concept paper, it is crucial to conduct negotiations prior to entering into such 
collaborations in order to determine how to approach the intellectual property generated through 
the joint research.  
381.  In order to help facilitate collaborative researc h activities, we would now like to introduce some 
of our related initiatives from an IP perspective.  
382.  Firstly, Japan has been continuously working on building better IP systems that serve as a 
global infrastructure to bolster collaborative research activiti es. 
383.  As mentioned in the concept paper, smooth collaborations among researchers and enterprises 
require an environment within which they can trust that their present or future intellectual property 
will be properly protected in the partner country or countr ies while engaging in joint research 
activities. In other words, effective collaborations can become hindered by IP systems that differ 
from country to country, or by insufficient protection or enforcement in a partner country.  
384.  In this regard, the Japan P atent Office has been cooperating with WIPO to assist emerging 
countries in developing legal systems and human resources by offering training courses to 
government staff and IP experts. In addition, Japan has been placing efforts on discussions and 
initiat ives toward IP system harmonization within plurilateral and multilateral fora with the aim of 
harmonizing legal systems that differ from country to country. We believe that such initiatives will 
bring positive momentum to collaborative research activities.  
385.  Secondly, Japan has also been providing a wide variety of support for institutions and 
enterprises that engage in collaborative research initiatives in order to expand their business to 
foreign countries whose IP system differs from Japan 's. IP/C/M/108/Add.1  
- 48 - 
  386.  One of the in itiatives led by the Japan Patent Office is the establishment of an International 
Business -Related IP Support Desk, which offers nationwide consultation and support for businesses. 
This IP Support Desk provides advice and suggestions regarding the acquisit ion and utilization of IP 
rights for Japanese companies that intend to expand overseas, and also provides support on 
collaborative research and contracts with foreign companies. In addition to private consultations, 
such support also includes seminars and e-learning lectures that offer tips on matters such as 
cross-border IP contracts and non -disclosure agreements.  
387.  Successful results to date include a Japanese company that consulted the IP Support Desk 
regarding its plans to expand its business into Southea st Asia, and ended up using the advice and 
suggestion to establish a joint venture together with a local enterprise, and then launch collaborative 
research together with a local university in order to better understand local customers ' needs.  
388.  In conclusion , in order to engage in continuously smooth and efficient joint research, it is 
essential to have equal, fair and friendly cooperation among both companies and researchers. We 
would like to emphasize that the IP system can play a major role in achieving th is, and we believe 
that the afore -mentioned initiatives can facilitate such future -oriented collaborations.  
389.  We sincerely hope that this presentation will be useful for other Members, and we look forward 
to listening to others share their experiences.  
13.6  Unite d Kingdom  
390.  The U nited Kingdom  is pleased to co -sponsor this agenda item and would like to thank the 
other co -sponsors, in particular the U nited States, for bringing forward this paper on a topic 
important to global r esearch, development, and innovation. We note with interest the informative 
statements provided by Members so far.  
391.  We live in an interconnected world, where the challenges we face are complex and 
cross-cutting both in discipline and territory. To create th e free, secure, prosperous world we want 
to live in, we cannot act alone. It is essential that we work with international partners to support 
shared growth, address global challenges, and build momentum behind a digital and technological 
future.  
392.  The UK In novation Strategy23, published in July 2021, is our long -term plan to create 
innovation -led growth and in March 2023, we launched our Science and Technology Framework24, 
setting out how our innovation and science policy will harness innovation to tackle so me of our 
nation 's most pressing challenges. Alongside this, our first International Technology Strategy25 sets 
out the UK 's approach for technology leadership on the global stage, defining four principles of being 
open, responsible, secure, and resilient.  These principles will guide our international engagement, 
the partnerships we build and the actions we take to drive innovation to tackle some of the world 's 
greatest challenges.  
393.  IP is integral to research, development, and innovation and an effective, ro bust IP framework 
supports effective international collaboration. The research, development and innovation landscape 
within the United Kingdom  is highly diverse.  We recognize  that effective and appropriate 
international collaboration is vital to ensure that the extraordinary potential of UK research and 
innovation can be realized  for social and economic benefit, to enrich and improve the lives of people 
in the United Kingdom  and around the world. An IP system that is understood, accessed, and used 
effectively is fundamental in achieving these ambitions.  
394.  Working collaboratively with international partners can bring many benefits including diversity 
of thought, experience, and approach, and the sharing of knowledge and skills. In addition, access 
to wider resources, such as specialist equipment in key techn ology areas and at different stages of 
a research project, can help to reduce time and cost.  
 
23 https://www.g ov.uk/government/publications/uk -innovation -strategy -leading -the-future -by-creating -
it. 
24 https://www.gov.uk/government/publicat ions/uk -science -and-technology -framework . 
25 https://www.gov.uk/government/publication s/uk-international -technology -strategy/the -uks-
international -technology -strategy . IP/C/M/108/Add.1  
- 49 - 
  395.  The United Kingdom  is involved in a wide variety of international research collaborations  
between  public institutions and private entities and across a mixture of  both. Collaborations that go 
beyond traditional partners or models of engagement can support diversification and increase the 
resilience of supply chains.  
396.  The U nited Kingdom Intellectual Property Office supports UK research communities to 
maximize  the po sitive impacts from the IP in their research both nationally and internationally. For 
example, we provide guidance on effective management of IP for senior leaders and technology 
transfer professionals across the business and research sectors. The UK gover nment also provides 
guidance to research institutions to increase confidence in international collaborations and support 
informed decision making around potential risks linked to international research.  
397.  When a UK entity is thinking about collaborating over seas either with a university, research 
institute or business, it is vital they understand the UK and other in -country laws and regulations 
that apply. This includes the arrangements for existing IP and any IP arising from the collaboration, 
the importance  of national security, who owns and commercializes  IP arising from the collaboration, 
and how to manage the IP portfolio and share information. It is important to be aware of critical 
differences in national laws relating to IP, for example , how to take IP  into and out of different 
territories. It is vital therefore collaborating parties have an IP strategy and actively manage the IP 
portfolio, IP rights , and any agreements.  
398.  To help companies and researchers collaborate, export, and invest overseas, the UK  
Intellectual Property Office has developed an International IP Service. This provides guides to the IP 
frameworks of different countries to help UK researchers and businesses make informed decisions 
about navigating the international IP environment, so th at they can overcome common pitfalls and 
challenges. The International IP Service also provides guidance on how to apply for IP protection 
overseas either on a country -by-country basis or via international routes that allow for protection in 
multiple count ries through a single application.   
399.  The UK also has a network of international IP attaches based overseas covering Southeast 
Asia, China, Latin America, North America, Gulf States , and India. This network of IP experts around 
the world are an invaluable r esource providing guidance and support to entities seeking to 
collaborate in those markets.  Our work, particularly with SMEs, means we understand how vital it 
is to protect IP assets before entering new overseas markets.  We recognize  that getting this 
information to researchers and businesses at the right time is important to their success.  
400.  An effective global IP system is fundamental in driving innovation and investment, supporting 
those who research, create, collaborate, and invent. We must ensure that t he IP framework supports 
international collaboration and can embrace the challenges of the future, acting as a catalyst for 
creativity and innovation.  
13.7  Hong Kong , China  
401.  I would like to first thank the United State s for coordinating the paper which Hong Kong, China 
is pleased to co -sponsor. As the paper has rightly pointed out, scientific research benefits immensely 
from international cooperation, especially in sectors such as technology and life sciences. Such 
cooperation can take place in different forms and among different institutions, such as universities 
and research institutes.  
402.  For Hong Kong, China, our government released last December the Hong Kong Innovation and 
Technology Development Blueprint outlining a clear path and strategy as we press full steam ahead 
towards becoming an international innovation and technology hub. Indeed, Hong Kong , China  has 
world -class capability in scientific research: we are home to five of the world 's top-70 universities. 
We thr ive on an international business environment, which is underpinned by the rule of law and a 
robust intellectual property rights protection system.  
403.  To develop Hong Kong , China  into a hub for global research collaboration, we launched last 
year the "InnoHK research clusters " in the Hong Kong Science Park. This is a flagship project that 
pools together 33 top -notch universities and research institutes from 11 economies in setting up 
28 research laboratories. These universities and research institutes include,  for example , ETH Zurich, 
Guangzhou Institutes of Biomedicine and Health, Imperial College London, Institut Pasteur, IP/C/M/108/Add.1  
- 50 - 
  Karolin ska Institutet, the University of Melbourne, Stanford University, Tohoku University, University 
of Waterloo . 
404.  So far, we have established two research clusters. The first cluster, Health@InnoHK , focuses 
on all types of healthcare -related technologies (including drug discovery, personalized  medicine, 
molecular diagnostics). The second cluster, AIR@InnoHK , focuses o n the development of artificial 
intelligence and robotics as applied in areas such as financial services,  smart city and advanced 
manufacturing. Together, local and non -local researchers can come together to conduct impactful 
scientific researches.  
405.  The pap er today has thus raised some pertinent issues in relation to such cross -border research 
collaboration. We very much look forward to hearing from other Members their experiences on this 
front.  
13.8  Switzerland  
406.  Let me begin by thanking the U nited States for its submission IP/C/W/699 . Switzerland is 
pleased to co -sponsor this communication as well as this item. We would also like to thank the 
Members, who have just shared their national experiences.   
407.  Aware of the global nature o f modern research and competition, Switzerland is committed to 
international cooperation. Researchers benefit from global resources and expertise through access 
to international infrastructures, program mes, and services. This fosters the expansion of knowl edge 
and the development of innovative solutions. Consequently, international collaboration is a key 
element in Swiss research policy .26 
408.  One of the prerequisites for successful international collaboration is the ability to manage the 
increased level of coo rdination.  In addition, participants need a certain degree of cultural and 
scientific openness in order to get the most out of different backgrounds and approaches.  
409.  So how is Switzerland promoting international projects?   
410.  To foster collaboration, Switzerla nd is member in cooperation program mes. The program mes 
span a wide range of activities, from collaborations between small and medium -sized enterprises 
(SMEs) and market -oriented program mes, to program mes for fundamental research.27 
411.  Let me give you three examples of international collaboration in research:  
• First: Switzerland is part of the program me Eurostars. This promotes cooperation of Swiss 
and international SMEs . More than 30 countries take part in this program me. It is aimed at 
innovative SMEs  that develop products and services that are significantly different from 
existing ones.28  
 
• Secondly: Joint Research Projects are collaboration between the Swiss National Science 
Foundation and funding agencies in various countries on four continents. Thes e projects, 
lasting between three to four years, allow Swiss researchers to work alongside their 
counterparts in partner countries to explore specific research questions. Over the period 
from 2017 to 2020, more than 100 Joint Research Projects were funded,  highlighting the 
commitment to international research collaboration.29  
 
• Thirdly: The international research infrastructures, in the form of laboratories or 
observatories, provide tools that are fundamental for carrying out scientific activities in 
numerous fields.  
 
26 https://www.sbfi.admin.ch/da m/sbfi/de/dokumente/2018/07/bfi -int.pdf.download.pdf/bfi -int_d.pdf  
27 https://www.s bfi.admin.ch/sbfi/en/home/research -and-innovation/international -cooperation -r-and-
i/cooperation -programmes.html    
28 https://www.innosuisse.ch/inno/de/home/forderung -fur-internationale -projekte.html  
29 https://www.sbfi.admin.ch/sbfi/en/home/research -and-innovation/international -cooperation -r-and-
i/bilateral -programmes.html#1792883803  IP/C/M/108/Add.1  
- 51 - 
  A notable example is CERN, the world 's largest particle physic s research laboratory, which 
is located  on the border between Switzerland and France.30 
o CERN provides state -of-the-art facilities for scientists to conduct fundamental 
physics research at the frontiers of knowledge to understand matter, the Universe 
and its evolution. With twenty -three Member States and contributions from other 
countries, CERN stands as a prime example of international collaboration that pushes 
the boundaries of science and technology for the benefit of all.  
o CERN upholds the principles of open science and also acknowledges that IP allows 
them to claim credit for novel technologies and be recognized when products or 
services stemming from their contributions reach society at large.  
412.  How is the Swiss IP Office fostering research collaboration across borders?  - The Swiss IP Office 
actively supports projects that improve the framework conditions for research and innovation. For 
instance, it collaborates closely with universities, technology transfer offices, and small and medium 
enterprises. These partnerships focus on crucial areas such as project management, training, and 
technical expertise. Through these collaborations, the Swiss IP Office aims to foster an environment 
that improves the framework conditions for research and innov ation.  
413.  Moreover, the Swiss IP Office occasionally provides support for studies. For instance, as part 
of the SECO funded Swiss -Ghanaian Intellectual Property Project , the Swiss IP Office  carried out a 
study exploring the economic contributions of the copy right and related rights -based industries in 
Ghana.  
414.  Researchers used to be students. Therefore, the Swiss IP Office is involved in IP lectures at 
various institutions. These lectures are mainly held at institutions with a large number of 
international stud ents. For example, the Swiss IP Office participates in program mes at the summer 
school for students at the World Trade Institute and at other Swiss universities.  
415.  International collaboration in research presents significant benefits for society, researchers , 
and institutions involved. But to increase the incentive for international collaboration, it is important 
that the results of the research receive adequate IP protection. This will allow the parties to receive 
royalties or licen ce fees for their work or to increase their market share as a result of the research.  
416.  To conclude, allow me to mention the successful research collaboration between the Swiss 
Federal Institute of Technology of Zurich (ETH) and the Università degli Studi di Milano  resulted in 
the recyclable anti corrosion coating  for metals with self -healing properties. The costs caused by 
metal corrosion are estimated at up to 4% of global gross domestic product. Unfortunately, the 
products currently on the market cannot prevent corrosion if the co ating is defective, and they are 
not recyclable. However, the coating developed by ETH and the Italian university can effectively 
protect the metal surfaces from corrosion, its self -healing and recyclable. This important invention 
was patented in 2022 and received the ETH Spark Award31 in 2023 .32   
13.9  Canada  
417.  Canada would like to thank the United States  for drafting the communication for this item, and 
all Members that have provided insightful views so far today on the topic of research collaboration 
across borders.  
418.  As several delegations have already noted today, international collaborative partnerships are 
an essential catalyst for science and technological innovation. These collaborations can often 
accelerate the pace  of scientific and research discovery, and result in improved commercialization. 
Leveraging international collaboration in research and development (or R&D) can also be particularly 
important for the ability of small and medium -sized enterprises (or SMEs) to compete and succeed 
in the global marketplace. Given the relative resource constraints faced by SMEs, R&D collaboration 
with businesses or research institutions in other jurisdictions can facilitate the sharing of know -how 
and expertise, as well as oppo rtunities to licen se IP and exporting to other markets. This 
 
30 https://knowledgetransfer.web.cern.ch/activities -services/intellectual -property -management  and 
https://www.wipo.int/wipo_magazine/en/2010/06/article_0003.html  
31 https://ethz.ch/en/industry/researchers/ip/sparkaward/2023.html . 
32 More information can be found on this links: Link 1 , Link 2 , Link 3 . IP/C/M/108/Add.1  
- 52 - 
  collaboration often relies on transparent and predictable IP frameworks. Balanced and clear IP 
frameworks can help ensure that all parties involved in a collaborative partnership understand and 
can readily navigate the rules around how to use existing IP, as well as how to address the ownership 
of IP developed in the course of research.  
419.  In facilitating international research collaboration efforts, the Canadian Intellectual Property 
Office (or CIPO ) provides a range of IP frameworks and innovation programmes that assist 
researchers, including SMEs, to build and maintain collaborations across borders. These include 
online guidance for businesses on licensing or assigning IP rights to third party coll aborators; 
business intelligence on how to use IP data to learn about innovation in a particular field; and 
financing resources for IP. Furthermore, Canada 's ongoing work to align with international IP 
standards and filing systems helps maintain an enablin g environment for research collaboration, for 
instance, by harmonizing IP filing procedures available to businesses collaborating in networks 
across jurisdictions.  
420.  More generally, Canada has developed frameworks for international collaboration and 
partners hips with established and emerging innovation networks around the world. This includes the 
negotiation of Science and Technology (or S&T) agreements with a number of international partners, 
including in the Asia -Pacific, Europe, Latin America and the Carib bean. These S&T agreements serve 
as guidelines for Canadians to effectively partner and work with partner countries to increase 
international science and technology capacity.  A related initiative, the Canadian Technology 
Accelerator (or CTA) provides high -growth, market -ready Canadian companies support to access 
global markets and entrepreneurship services within the information and communications 
technologies, life sciences, and clean technology sectors. Managed by the Canada 's Trade 
Commissioner Service, the CTA provides support for Canadian technology SMEs to access global 
market opportunities in 12 global technology hubs worldwide, including in North America, Europe, 
and the Asia -Pacific.  
421.  Another related program mes available to Canadian innovators is Can Export Innovation.  This 
program mes provides support to Canadian SMEs, academic institutions, and non -governmental 
research centres who are seeking to commercialize technology by pursuing collaborative 
international R&D opportunities through partnerships wi th key players in foreign markets. Delivered 
by the Trade Commissioner Service in partnership with the National Research Council, CanExport 
Innovation provides financial support for a wide range of export marketing activities, including in 
respect of IP pr otection and certification expenses in foreign markets.  
422.  Similarly, the Canadian International Innovation Program (or CIIP), managed by the Trade 
Commissioner Service and Canada 's National Research Council, is a bilateral funding program me 
that fosters col laborative R&D projects for the commercialization of R&D between researchers in 
Canada and international partners in Brazil, China, India, and Korea, and Israel. CIIP funds a range 
of projects, such as initiatives to adapt already commercialized products t o reach new markets, as 
well technology co -development projects to create new products, services, or processes with an 
uncertain path to commercialization.  
423.  Canada is also an associate country of EUREKA, an international network for market -driven 
industrial  R&D. EUREKA includes over 45 economies from Europe, Israel, and Korea, and serves as 
an international network to coordinate national funding sources between international project 
partners, to accelerate innovation in new technologies, products and service s for commercialization. 
Since joining EUREKA in 2012, Canada 's associate membership has provided Canadian innovators, 
most of which are SMEs, with the opportunity to pursue projects with international partners with a 
combined value of over USD 401 million ). As well, as part of this program me, participants retain 
complete IP ownership and negotiate IP arrangements amongst themselves on a project -by-project 
basis.  
424.  Finally, Canada would like to briefly note the recent establishment of a blueprint for the new 
Canada Innovation Corporation (or CIC). The CIC will help Canadian businesses across all sectors 
and regions to innovate, commercialize, grow, and create good jo bs in a changing global economy. 
Using best practices established by similar agencies around the world, the CIC will be an outcome -
driven organization that will work with the private sector to provide targeted support to new and 
established Canadian firms by delivering funding and advisory services. This will include support to 
Canadian businesses in developing and protecting their IP. This will include referring refer clients to 
a portfolio of recently created program mes, including the Innovation Asset Col lective, IP Assist, IP/C/M/108/Add.1  
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  Elevate IP, and Explore IP, to ensure that more Canadian businesses have access to resources that 
will support the development and commercialization of IP.  
425.  Canada would be pleased to provide updates on any of these initiatives in future  discussions 
under this item, and would also be glad to discuss in more detail with any interested Member. Again, 
we thank those Members that have shared their experiences on this topic today, and look forward 
to further discussion on this and related topi cs. 
13.10   European Union  
426.   The E uropean Union delegation is pleased to co -sponsor this agenda item .  
427.  The E uropean Union would like first to thank the U nited States delegation for its lead in the 
drafting of the document su bmitted today to the TRIPS Council and we also thank the U nited States 
more generally for their involvement in the coordination of the Group.  
428.  The paper that we present today to the TRIPS Council together with the FOII members shows 
that international research project teams combine the experience and know -how of the individual 
national cultures so that the greatest possible benefit can be derived  from this cooperation.  
429.  The cooperation between researchers and scientists beyond the frontiers is of a great 
importance for the innovation and the scientific progress in the world. According to the research 
community itself the cross -cultural cooperation  in matter of research and development fosters 
creativity so that unconventional solutions and innovations can arise.  
430.  Efficient intellectual assets management and protection are key to accelerate the uptake of 
innovative solutions and to develop new techno logies, products, and services to address the most 
pressing societal challenges such as ensuring fair green and digital transitions.  
431.  The establishment of an environment where intellectual assets protection and management 
practices are clearly implemented, defined and communicated is a decisive step to facilitate their 
valorization  in the R&I ecosystem.  
432.  The E uropean Union fosters close and intense relationship of the research centres , public and 
private, of the E uropean Union member States with their counter parts all around the world. In this 
respect, the E uropean Union has developed several initiatives and instruments in favour of the 
"research collaborations across borders ". I am going to evoke briefly 3 of them which illustrate 
perfectly the importance of the cooperation between researchers and will give a flavour of the variety 
of actions the EU develops in this area.  
433.  First and foremost, the E uropean Union has adopted Code of practice on the management of 
intellectual assets for knowledge valorisation in M arch 2023. The objective of this Code is to increase 
the use of research results, accelerate the uptake of innovative technologies and offer practical 
guidance for all R&I ecosystem actors in the management of their intellectual assets.  
434.  In line with the G uiding principles for knowledge valorisation adopted just before, in 2022, the 
Code of practice goes beyond IPR s as such and offers guidance for the management of other types 
of intellectual assets - including any result or products generated by research a nd innovation 
activities such as publications, data and know -how - to maximize  value creation opportunities.  
435.  The Code provides guidance in view to make the management of intellectual assets in joint 
and international research activities more efficient.  
436.  Notably, the Code :  
i. Clarifies ownership of intellectual assets as early as possible in the context of 
international collaborative agreements and in predominantly publicly funded projects.  
ii. Establishes clear collaboration conditions. The Code offers guidance to establish fruitful 
research and innovation collaborations, for instance with respect to licensing or IP/C/M/108/Add.1  
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  transfer of results, spin off creation, background results and non -disclosure 
agreements.  
437.  Specific guidance concerns international collaborations, for i nstance with respect to foreseeing 
the role of facilitators (experts in different socio -cultural settings) to assist partners with different 
backgrounds and raising awareness on different IP regimes in third countries.  
438.  In support to the Code, the European Commission is currently running an 18 -month awareness 
raising campaign on knowledge valorisation that will last until the end of 2024. Through national 
and stakeholder events the campaign aims , inter alia , to foster the uptake of the Code and foster 
efficient management of intellectual assets.  
439.  The objective of the campaign is to make this publication widely spread, notably on the 
Knowledge Valorisation Platform, to raise awareness on the Code of practice and to foster its uptake 
by the broadest possible ran ge of R&I actors, in the E uropean Union and beyond.  
440.  This Knowledge Valorisation Platform is hosted by the European Commission. The Platform is 
a digital exchange space that aims to foster international collaboration as it connects actors across 
Europe and beyond, promotes sharing of knowledge, experiences and best practices and boosts 
cross-border dialogue and cooperation with the aim to improve the broad uptake of research results 
in society and economy.  
441.  The European Commission has initiated a Multilateral  Dialogue on Values and Principles for 
Research and Innovation in July 2022. The objective of this dialogue is to have an open discussion 
between E uropean Union member States and foreign partner countries to develop a common 
understanding as a reliable bas is for international R&I cooperation.  
442.  In this framework, the European Commission organises a workshop on knowledge valorisation 
and intellectual assets management in the context of the multilateral dialogue on principles and 
values in international R&I co operation (foreseen in Autumn 2023).  
443.  This fifth workshop of the series focuses on Knowledge Valorisation and Intellectual Assets 
Management and aims to compare international practices on how to motivate R&I actors to fully 
utilise intellectual assets and intangible assets for the benefit of the society.  
13.11   Indonesia  
444.  At the outset, Indonesia thanks the proponents for the submission of document IP/C/W/699  
and would like to further provide our preliminary view and question on this proposal.  
445.  While we share the idea that scientific research will benefit from international cooperation and 
collaboration, not less through intellectual cross -fertilization, but we should still be mindful on the 
interaction between "intent " and "impact ".    
446.  Our primary concern on this proposal is that it does not really elaborate on how it will address 
the underlying asymmetry of such international collaboration, particularly in cases where it involves 
partnership between researchers from developed and developing country M embers , in research that 
mainly funded by those with more resources, financial and otherwise.  
447.  There is an emerging body of research on "decolonizing research partnership " out there that 
merit further consideration in shaping an equal collaboration, among others, with regard to: agenda 
setting; input in designing the project and outcome; transparency; and visibility and dissemination 
of knowledge.  
448.  Furthermore, developing countries are the main providers of genetic resources and traditional 
knowledge. Conversely, most intellectual property rights (IPRs), such as on medicines are 
concentrated in developed countries. In this regard, how international collaboration could address 
the issue that those who have provided the most significant input in the form of genetic resources 
and associated knowledge (i.e. , indigenous people and local communities) from being excluded by 
IPR and/or to be benefited from the research?  IP/C/M/108/Add.1  
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  449.  With all that being said, as a developing country M ember , Indonesia is supportive to a 
sustainable, mutually beneficial working relationship that, aside from advancing science, must 
address inequity and shine light to the researchers from the developing countries and LDC s, develop 
capacity with a long -term perspective (such as: through transfer of technology and know -how), and 
preserve the dignity of the local people by ensuring equal sharing of benefits of research that will 
truly uplift their status.  
13.12   Djibo uti, on behalf of the LCD Group  
450.  The LDC Group would like to thank the co-sponsors of the communication IP/C/W/699  on 
scientific technological collaboration at the international level. We listened carefully to the 
statements made and thank them. The various communications  do include a number of important 
factors which  merit f urther  consideration , and we would like to better understa nd the concept of 
research cooperation and collaboration , taking into account the fact that there are many type s of 
research partnerships with various requirements in terms of interaction, communication and 
reciprocity. This is true in particular for coope ration between rich and poor countries. The issues 
raised in the communication are relevant and will be useful in furthering future discussions. We are 
still working on answers to the various questions , and we hope that the exchanges will continue and 
will come up with productive result s.  
13.13   World Intellectual Property Organization  
451.  Allow me first to congratulate you and to wish you every success.  
452.  The World Intellectual Property Organization ( WIPO) would like to thank the co -sponsors for 
preparing document IP/C/W/699  and for bringing to the attention of this Council the role of 
intellectual property in research collaboration across borders.   
453.  WIPO has identified the increasing importance of collaboration in enabling innovation to 
flourish. Our 2019 World Intellectual Property Report on "The Geography of Innovation: Local 
Hotspots, Global Networks " looked at this in detail. Analysis of relevant data including patent 
information highlights that research collaboration is widespread and these innovation links are 
increasin gly cross -border in nature.  
454.  Effective management of intellectual property is one element that can ensure cross -border 
collaborations and deliver concrete results with real -world impact. While success also relies on 
conditions beyond the IP framework includ ing active intermediaries, sustainable financing and 
human capital, IP is a crucial component to be considered in cross -border collaboration. A balanced 
IP system with well -established conditions allows for efficient use of the IP system to promote 
innovat ion. WIPO stands ready to provide the technical assistance that can support the identification 
of IP assets and the appropriate management of the associated IP rights. In particular, WIPO 
provides relevant support including through:  
a. Regional and country pr ojects such as our work with the Baltic States to create a 
Technology Transfer Office Network and the associated Cooperation Agreement and foster 
academic collaboration among the three countries and provide an input to their economies. 
We are also helping to develop a similar network in Africa and to support the adoption of 
common principles for IP valuation in ASEAN countries.  
b. The WIPO Technology and Innovation Support Center (TISC) program me to develop 
national, regional and virtual networks and the promo tion through these networks of an 
exchange of knowledge and technologies.  
c. Public -private partnership program mes to facilitate access to knowledge. The Access to 
Research for Development and Innovation (ARDI) program me, provides access to 
scientific and te chnical journals and the Access to Specialized Patent Information (ASPI) 
program me, allows access to commercial patent databases comprising more sophisticated 
search and analysis tools for retrieving and assessing relevant technology.    
455.  The WIPO Arbitrati on and Mediation Center also plays an essential role in the collaboration 
ecosystem by providing dispute resolution advice and case administration services to help parties IP/C/M/108/Add.1  
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  resolve disputes arising in the area of research and development (R&D). Around 15% o f the WIPO 
Center 's cases relate to R&D and technology transfer with most of these cases being international 
in scope. The Arbitration and Mediation Center website provides a number of relevant case examples.  
456.  The WIPO Center collaborates with relevant stak eholders and organizations in the development 
of Model R&D Agreements including WIPO Mediation and WIPO Expedited Arbitration clauses, and 
regularly administers cases submitted under such clauses.   
457.  Also, as part of the WIPO COVID -19 Response Package, the WIPO Center has launched in 2022 
new ADR options to facilitate contract negotiation and dispute management in long -term life sciences 
licensing agreements and R&D collaborations.   
458.  Further information on these initiatives can be found on the WIPO website. We remain available 
to support Members in the management of IP in cross -border research.   
14  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
14.1  WTO Secretariat  
459.  As in pre vious occasions and for Members ' information, the Secretariat will provide a brief 
update of the issues related to intellectual property policy that have come up in the most recent 
Trade Policy Reviews.  
460.  Since our last report during the TRIPS Council Meeti ng in March, the Trade Policy Reviews of 
El Salvador, the Organization of East Caribbean States, Liberia and the European Union. During 
these reviews, delegations engaged in the discussions and sought further details on:  
• The domestic implementation of the TRIPS Agreement;  
• Institutional arrangements for the administration and enforcement of intellectual property;  
• Copyright and related rights regimes;  
• Trademark regime;  
• Protection of geographical indications;  
• Patent regime;  
• Enforcement, o nline and at the border; and  
• Measures taken in response to the COVID -19 pandemic.  
 
 
461.  The Secretariat has prepared the IP chapters for the Director -General 's Trade Monitoring 
Reports covering the G20 and the WTO membership. The period covered by these report s is from 
mid-October 2022 to mid -May 2023. The reports will be circulated in July and discussed at a special 
meeting of the Trade Policy Review Body.  
462.  We would like to thank delegations that submitted information for the trade monitoring 
exercise. The WTO  Secretariat works closely with all delegations to collect complete, up -to-date and 
accurate information on their trade and trade -related measures. An important step is the 
Secretariat 's verification exercise, which provides Members with the opportunity to  confirm relevant 
information collected from non -official sources.  
15  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
15.1  Indonesia  
463.  Indonesia would like to reiterate our support to the request made by the South Centre and the 
Secretariat of the Convention on Biological Diversity to be accorded observer status at the 
TRIPS  Council. The granting of observer status could also in the form of ad hoc participation for 
selected meetings in the TRIPS Council.  
464.  We believe that a closer cooperation and liaison between the WTO and both organizations will 
enrich and mutually support each other 's work accordingly. And as stated during the previous day  
by the delegation of S outh Africa, it will support the idea of inclusiveness suggested by some 
Members in the last General Council meeting.  IP/C/M/108/Add.1  
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  15.2  Colombia  
465.  In Colombia 's opinion, the participation of ex ternal actors is valuable as one of the pillars of 
the Organization 's reform . The participation of such  observers in the Council for TRIPS  should be 
revitalized . From our perspective, the presence of external actors achieves two objectives 
simultaneously  - it encourages further exchange  on ideas and data , and it helps enhance the 
Organization 's legitimacy.  
466.  For these reasons, we should unblock this agenda item and admit observers who have been 
on the waiting list for a long time, as well as opening it to ne w interested parties . 
15.3  United States  of America  
467.  The United States  cannot join the Members seeking to include the South Centre or  the 
Convention on Biological Diversity (the CBD)  as observers either on a permanent or ad hoc  basis. 
The United States  values the contributions by Members , and we are satisfied with the current set of 
ad hoc  and permanent observers. We do not see a gap that needs filling  by adding new observers 
at this time.  
15.4  China  
468.  China would like to reiterate our position on this issue. TRIPS CBD is an important issue in the 
TRIPS Council. Inviting the Convention on Biological Diversity Secretariat (CBD)  as an  observer to 
the TRIPS Council will update the CBD Secretariat on the dis cussion and development in the Council, 
and correspondingly have the WTO Members better understanding the principles, requirements and 
the work of the CBD. We believe the mutual support and the deep communication to the CBD 
Secretariat and the WTO will con tribute to our discussion at our Council. Again, with regard to the 
South Centre, its role in serving the progress and the development of developing  Members  have 
been widely recognized and it ha s carried out extensive research in the fields  of intellectual property 
technology transfer and knowledge accessibility which has  enhanced the developing Members ' 
understanding and application of the TRIPS Agreement . Therefore , we would like to reiterate our 
support for granting the CBD Secretariat and th e South Centre  observer status at least on  an ad hoc  
basis.  
16  OTHER BUSINESS  
469.  No statements were made under this agenda item.  
 
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