WORLD TRADE  
ORGANIZATION  IP/C/32 
8 December 2004 
 (04-5392) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  
 
  
ANNUAL REPORT (2004) OF THE COUNCIL FOR TRIPS  
 
 
 
I. GENERAL 
1. Since the period covered by its 2003 report
1, the Council for TRIPS has held four formal 
meetings, on 8 March, 16 June, 21 September and 1-2 December.  The minutes of these meetings are 
to be found in documents IP/C/M/43-46.2  
2. The meeting in March 2003 was chaired by Ambassador Vanu Gopala Menon (Singapore) 
and the meeting in June by Mr. Joshua C.K. Law (Hong Kong, China).  Since the latter Chair had 
relinquished his post, the Council elected the Chair of the Trade Policy Review Body, Ambassador 
Puangrat Asavapisit (Thailand), to act as interim Ch air of the meeting in September.  The meeting in 
December was chaired by Mr. Tony Miller (Hong Kong, China). 
3. The meetings of the Council were open to all WTO Members, other governments with 
observer status in WTO bodies and certain intern ational intergovernmenta l organizations granted 
observer status in the Council.  The Food and Agriculture Organization (FAO), the International 
Monetary Fund (IMF), the International Union for th e Protection of New Varieties of Plants (UPOV), 
the Organisation for Economic Co-operation and Development (OECD), the United Nations (UN), the 
United Nations Conference on Trade and Deve lopment (UNCTAD), the World Bank, the World 
Customs Organization (WCO) and the World Intellectual Property Organization (WIPO) enjoy regular observer status in the TRIPS Council.   The World Health Organization (WHO) has ad hoc  
observer status in the Council.  At its meeting in March 2002, the Council agreed to a request from the 
Joint United Nations Programme on HIV/AIDS (UNAIDS)  for observer status during the Council's 
discussions on the TRIPS Agreement and public hea lth at that and future meetings.  Decisions on 
requests for observer status from 16 Organizations are pending.
3 
II. NOTIFICATIONS UNDER THE PROVISIONS OF THE AGREEMENT 
4. The Council took note of new notifications under various provisions of the TRIPS 
Agreement.4  To date, 124 Members have notified pursua nt to Article 63.2 all or part of their 
implementing legislation relating to all provisions of the Agreement.  In addition, a number of other 
Members have made notifications relating specifically  to the implementation of Articles 3, 4 and 5 of 
the Agreement, or concerning the implementation of  Article 70.8 and, in some cases, Article 70.9 of 
                                                      
1 Document IP/C/30. 
2 Document IP/C/M/46 to be circulated. 
3 The Organizations in question are listed in document IP/C/W/52/Rev.10. 
4 At its meeting in November 1995, the Council adopted procedures for notification of laws and 
regulations under Article 63.2.  These procedures require th at, as of the time that a Member is obliged to start 
applying a provision of the TRIPS Agreement, the corresponding laws and regulations shall be notified without 
delay (IP/C/2).  At that meeting, the Council also agreed that Members would provide responses to a Checklist 
of Issues on Enforcement (IP/C/5). IP/C/32 
Page 2  
 
 the Agreement.  96 Members have provided respons es to the Checklist of Issues on Enforcement.
5  
During the reporting period, a number of Members ha ve notified amendments to laws and regulations 
they had notified earlier.6  To date, 121 Members have notified pursuant to Article 69 contact points 
for the purposes of cooperating with each other with a view to eliminating inte rnational trade in goods 
infringing intellectual property rights.7 
III. REVIEW OF NATIONAL LAWS AND REGULATIONS 
5. During the reporting period, the Council took up the review of the legislation of Armenia and 
the Former Yugoslav Republic of Macedonia, comple ted its review of Nigeria and Pakistan, and took 
note of the new responses received from and th e outstanding material required to complete the 
pending reviews of 14 other Members.8 
IV. TRANSITIONAL REVIEW UNDER SECTION 18 OF THE PROTOCOL ON THE 
ACCESSION OF PEOPLE'S REPUBLIC OF CHINA 
6. At its December meeting, the Council undertook the third annual transitional review of the 
implementation by China of its WTO commitments pursuant to Section 18 of the Protocol on the 
Accession of People's Republic of China (WT/L/432) , and agreed that the Chair, acting on his own 
responsibility, would prepare a brief, factual report on the review to the General Council.9 
V. REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B);  RELATIONSHIP 
BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY;  AND PROTECTION OF TRADITIONAL 
KNOWLEDGE AND FOLKLORE 
7. The Council continued its discussion of these three agenda items.  It took note of information 
from Moldova on how the matters addressed in Articl e 27.3(b) were presently treated in its national 
law (IP/C/W/125/Add.24).  The Council received a number of new submissions relating to these 
agenda items:  for its March meeting, a communicat ion from Bolivia, Brazil, Cuba, Ecuador, India, 
Pakistan, Peru, Thailand and Vene zuela entitled "the Relationship between the TRIPS Agreement and 
the Convention on Biological Diversity;  Checklist of Issues" (IP/C/W/420 and Add.1);  for its June 
meeting, a communication from Switzerland relati ng to its proposals submitted to WIPO regarding 
the declaration of the source of genetic resource s and traditional knowledge in patent applications 
(IP/C/W/423);  for its September meeting, a commun ication from Bolivia, Brazil, Colombia, Cuba, 
Ecuador, India, Pakistan, Peru, Thailand and Ve nezuela entitled "Elements of the Obligation to 
Disclose the Source and Country of Origin of Bi ological Resource and/or Traditional Knowledge 
Used in and Invention" (IP/C/W/429/Rev.1 and Add.1 and 210);  and for its December meeting a 
communication from Switzerland info rming the Council of the furthe r observations it had submitted 
to WIPO on its proposals regarding the declarati on of the source of genetic resources and traditional 
                                                      
5 A table attached to document JOB(04)/117, dated 8 September, sets out the status, as of 
3 September 2004, of notifications of national laws and regulations received under Article 63.2 of the TRIPS 
Agreement from Members whose transitional period under Article 65.2 or 65.3 expired on 1 January 2000 or 
who have acceded to the WTO after that date. 
6 Notifications of laws and regulations are being circulated in the IP/N/1/COUNTRY/- series of 
documents, and responses to the Checklist of Issues on Enforcement in the IP/N/6/COUNTRY/- series of 
documents. 
7 These contact points are contained in document IP/N/3/Rev.8 and addendum. 
8 A table attached to document JOB(04)/178, dated 30 November 2004, lists those Members whose 
reviews were initiated at the Council's meetings since April 2001 but which remained on the Council's agenda at the time of the circulation of the note.  All reviews of legislation initiated in the year 2000 have been completed. 
9 This will be circulated in document IP/C/34. 
10 To be circulated.  IP/C/32 
 Page 3 
 
 
 knowledge in patent applications" (IP/C/W/433), and a communication from the United States 
relating to these three agenda items (IP/C/W/434);  and a communication from Bolivia, Brazil, Cuba, 
Ecuador, India, Pakistan, Peru, Thailand and Venezuela entitled "The Re lationship between the 
TRIPS Agreement and the Convention on Biological Diversity (CBD) and the Protection of 
Traditional Knowledge – Elements of the Obligation to Disclose Ev idence of Prior Informed Consent 
under the Relevant National Regime" (IP/C/W/438)11. 
VI. REVIEW OF IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER 
ARTICLE 71 
8. No statements were made or documents submitted by delegations under this agenda item. 
VII. REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2 
9. At its March meeting, the Council took note of  the responses to a checklist of questions 
related to this review received from Moldova (IP/ C/W/117/Add.29) and of an updated Secretariat note 
summarizing the information received from Members in response to this checklist 
(IP/C/W/253/Rev.1).  For its June meeting, the Council received responses to this checklist from 
Chinese Taipei (IP/C/W/117/Add.30). 
VIII.  PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT 
AND PUBLIC HEALTH 
10. The Council continued its work pursuant to paragraph 11 of the "Decision on the 
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health" 
(WT/L/540).  This paragraph instructed the TRIPS Council to initiate by the end of 2003 work on the preparation of an amendment to the TRIPS Agreemen t to replace its provisions with a view to its 
adoption within six months, i.e. by June 2004.  At its meeting in June 2004, the Council agreed to 
continue its work, initiated at its meeting in November 2003, on the preparation of the amendment 
with a view to the TRIPS Council making a recomme ndation by the end of March 2005 so that the 
General Council could conclude its work on the amendm ent at its first meeting thereafter.  The Chair 
informed the General Council of these arrangements at its meeting on 27 July 2004.
12 
11. At its meeting in September, the Council had be fore it a submission from Norway containing 
information on Norway's implementation of the De cision (IP/C/W/427).  A number of other Members 
provided information on their implementation at the Council's meetings.  At its December meeting, 
the Council had a further exchange of views on the preparation of the amendment to the TRIPS 
Agreement.  In this connection, the Council receive d a proposal from the delegation of Nigeria on 
behalf of the African Group (IP/C/W/437).13  The Council agreed that the Chair hold intensive 
consultations in various formats prior to the Counci l's next meeting with a view to carrying forward 
the work expeditiously so as to meet the March 2005 time-frame. 
 
 
                                                      
11 Made available as an advance copy, final document to be circulated. 
12 Paragraphs 86-88 of the minutes of the General Council's meeting of 27 July and 1 August 2004 in 
document WT/GC/M/87. 
13 Made available as an advance copy, final document to be circulated. IP/C/32 
Page 4  
 
 IX. REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE 
IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE 
TRIPS AGREEMENT AND PUBLIC HEALTH 
12. At its meeting of 1-2 December 2004, the Council took up the annual review, pursuant to 
paragraph 8 of the Decision on the Implementation of  Paragraph 6 of the Doha Declaration on the 
TRIPS Agreement and Public Health (WT/L/540), of the functioning of the system set out in the 
Decision.  The Council's report to the General Council on its operation is being circulated as 
document IP/C/33. 
X. IMPLEMENTATION OF ARTICLE 66.2 
13. At its first three meetings in 2004, the Council followed up its first annual review pursuant to 
paragraph 2 of the "Decision on the Implementation of Article 66.2 of the TRIPS Agreement" that it 
had taken up at its meeting in November 2003, a nd took note of a further report received from New 
Zealand (IP/C/W/412/Add.6). 
14. At its meeting in December 2004, the Council to ok up its second annual review of developed 
country Member's reports on their implementation of Article 66.2.  For this review, the Council 
received updated information from the following deve loped country Members:  New Zealand;  Japan;  
Switzerland;  the European Commun ities and certain member States (the Czech Republic, Denmark, 
Finland, France, Germany, Ireland, Italy, the Netherlands, the Slovak Republic, Spain, and Sweden);  
Canada; and the United States.  The resulting doc umentation is being circulated in document 
IP/C/W/431 and addenda. 
XI. TECHNICAL COOPERATION AND CAPACITY-BUILDING 
15. The Council followed up its annual special review of technical cooperation held at its meeting 
in November 2003 and took note of further repo rts received from New Zealand and Australia 
(IP/C/W/408/Add.6 and 7) and the World Health Organization (IP/C/W/407/Add.4). 
16. At its meeting in June 2004, the Council invited developed country Members to supply 
information on their activities pursuant to Article 67 of the TRIPS Agreement prior to the annual 
special review of this matter that was held at its  September meeting.  Other Members who also make 
available technical cooperation were encouraged to share information on these activities if they so 
wished.  Intergovernmental organizations that have  observer status in the TRIPS Council were also 
invited to provide information on their activities of relevance and, further, the WTO Secretariat was 
instructed to report on its activities.  The Coun cil received updated information from the following 
developed country Members:  New Zealand;  Switzer land;  Japan;  the United States;  Norway;  and 
the European Communities and certain member States  (Austria, Denmark, Finland, France, Germany, 
Italy, Portugal, Spain, Sweden and the United King dom, as well as the Office for Harmonization in 
the Internal Market and the European Patent Office); and Australia (IP/C/W/426, addenda and 
supplements).  Updated information was received  also from the IMF, the OECD, the WHO and 
UPOV (IP/C/W/424 and addenda), as well as the WTO Secretariat (IP/C/W/428). 
17. The Council was informed about an updated notification of a contact point for technical co-
operation on TRIPS (IP/N/7/Rev.2/Add.6).  In addition, at each meeting, the WTO and WIPO 
Secretariats provided information on the implemen tation of the WIPO-WTO Joint Initiative in favour 
of least-developed countries.  IP/C/32 
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 XII. REQUEST FROM MALDIVES FOR AN EXTENSION OF THE TRANSITION 
PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT 
18. At its meeting in September, the Council had before it a request from the Maldives for an 
extension of the transition period under Article 66 .1 of the TRIPS Agreement (IP/C/W/425).  The 
Council agreed that consultations be held on this  request, and that the arrangements for these be 
coordinated between the Chair of the TRIPS Council and the Chair of the Committee on Trade and 
Development. 
XIII.  NON-VIOLATION AND SITUATION COMPLAINTS 
19. At its September meeting, the Council consider ed what action it should take pursuant to the 
decision on the Doha Work Programme adopted by the General Council on 1 August 2004, in 
particular in regard to non-violation and situation complaints in the area of TRIPS.  The Council 
agreed that the item on non-violation and situation co mplaints be put on the agenda of its December 
meeting, and that the Secretariat be requested to update its earlier summary no te, circulated in June 
2002 as document IP/C/W/349, on the points raised in the Council's substantive discussion of this 
matter so far.  This updated summary note was ci rculated for the December meeting as document 
IP/C/W/349/Rev.1. 
XIV.  SPECIAL AND DIFFERENTIAL TREATMENT PROPOSALS REFERRED TO THE 
COUNCIL 
20. At its September meeting, the Council consider ed what action it should take pursuant to the 
decision on the Doha Work Programme adopted by the General Council on 1 August 2004, in 
particular in regard to special an d differential treatment.  The Counc il agreed to request the Secretariat 
to summarize in an informal note the Council's work  so far on the Category 2 proposals on special and 
differential treatment referred to it14, and to revert to the matter at its next meeting.  This note was 
circulated for the December meeting in JOB(04)/164. 
 
__________ 
                                                      
14 A proposal by least-deve loped countries concerning Article 66.1 of the TRIPS Agreement in 
document TN/CTD/W/4/Add.1, and a proposal by the African Group on Articles 65, 66.1, 70.8 and 70.9 in 
document TN/CTD/W/3/Rev.2.