. /.  WORLD TRADE  
ORGANIZATION  RESTRICTED 
IP/C/M/68 
14 February 2012 
 (12-0863) 
Council for Trade-Related Aspects of  
Intellectual Property Rights  
 
 
 
MINUTES OF MEETING 
 
Held in the Centre William Rappard on 17 November 2011 
 
Chairperson:  Mr. Martin Glass (Hong Kong, China)  
 
  The present document contains the record of the discussion which took place during the 
Council for TRIPS meeting held on 17 November 2011. 
 
_______________ 
 
 1. In view of the absence from Geneva of the Ch air of the Council, Ambassador Federico A. 
González (Paraguay), the Council elected Mr. Martin Glass (Hong Kong, China) as an interim Chair for the meeting. 
2. The Chairman said that the meeting had been convened at the request of the delegation of 
Bangladesh to consider any outcome of consulta tions on a communication, dated 11 November 2011, 
that it had submitted on behalf of the LDC Group, entitled "Elements Paper on the Extension of the 
Transition Period under Article 66.1 of  the TRIPS Agreement" (IP/C/W/566). 
3. He recalled that he had held, on behalf of Ambassador González, an informal meeting of the 
Council on 15 November 2011 for the purpose of providing an opportunity for the LDC Group to present that document to the Council.  At that meet ing, his suggestion to convene the present formal 
meeting, pursuant to the request by Bang ladesh, had generally been supported. 
4. Since the informal meeting on 15 November, the LDC Group had worked together with a 
number of other interested delegations on a text on the issue of further extension of the transition 
period for least developed country Members.  In add ition, he had just held an informal meeting to 
consult on that matter. 
5. In the light of those consultations, he suggest ed that the Council agree to submit the following 
text to the General Council with the recommendation that it be forwarded to the Eighth Session of the 
Ministerial Conference for its consideration: 
"Ministers invite the TRIPS Council to give full consideration to a duly 
motivated request from Least Developed Country Members for an extension of their transition period under Article  66.1 of the TRIPS Agreement, and 
report thereon to the WTO Ninth Ministerial Conference." 
6. The representative of the United States said that the transition period for least developed 
countries to implement the provisions of the TRI PS Agreement was a matter of great importance to 
the United States, to LDCs and to all Members of the WTO.  The United States had supported the 
previous extension of the transition period in 200 5 and worked constructively with LDC Members on 
securing that extension.  Its support of that ex tension had been premised on the importance of IP/C/M/68 
Page 2  
 
  promoting IP protection and enforcement, particularly  as a significant driver of the development goals 
of LDCs.  IP protection and enfo rcement provided critical incentives for creativity and innovation that 
would promote economic growth and create jobs, par ticularly in LDCs wher e these benefits were 
needed most.  The TRIPS Agreement implementa tion facilitated these benefits.  Her delegation 
recognized that, while significant challenges existe d, many LDCs had IP laws and enforcement 
mechanisms in place and had taken commendable steps towards implementing TRIPS.  It commended 
the progress by LDCs in this regard and thought  it was essential to recognize and preserve those 
accomplishments and to continue that progress toward full implementation.  In this spirit, the United 
States could join consensus, and looked forward to its continued work with LDCs in implementing the 
TRIPS Agreement. 
7. The representative of Bangladesh, speaking on behalf of the LDC Group, welcomed the 
consensus that had been reached on the text, a nd thanked all delegations  for their support and 
constructive approach to the Council's work on the LDC Group proposal, dated 11 November 2011, 
especially within the short time that had been ava ilable.  The LDC Group hoped that the same spirit of 
cooperation and engagement would prevail during the actual discussions on the request for extension 
of the transition period under Article 66.1 that would be taking place in the TRIPS Council in the 
following years.  He thanked in particular the Chai r and the Secretariat for the very positive approach 
they had taken to convening the present additi onal session, and leading the Council towards an 
agreeable outcome. 
8. The representative of Japan said that his de legation was very pleased that the Council had 
reached consensus on the matter despite tight time c onstraints.  He commended the hard work done by 
the Members concerned.  He believed that all Members, including the proponents of the present 
proposal, accepted that it was the prerogative of the TRIPS Council to give a ppropriate consideration 
to possible extensions of the transition period for LDC Members under the TRIPS Agreement.  He 
said that all delegations had known that the Counc il meeting held in Oct ober and reconvened earlier 
that morning had been its last session prior to th e eighth Ministerial Conference in December.  He 
regretted that the issue had not b een properly raised and discussed at the Council's last session.  He 
looked forward to having a proper discussion on the issue in the coming sessions of the Council the 
following year. 
9. The representative of Canada, joining the consensu s, stressed Canada's interest in continuing 
dialogue with the LDCs within the Council as well as  in the context of symposia and workshops on 
TRIPS implementation. 
10. The representative of Australia, joining the con sensus, said that Australia was pleased to see 
that there would be a positive message on the issue at the Ministerial Conference.  His delegation 
looked forward to working further with the LDC Group on the issue the following year. 
11. The representative of Switzerland said that he was happy to support th e amended text for 
political guidance by Ministers at the eighth Minister ial Conference.  He looked forward to continuing 
working with LDCs in the TRIPS Council. 
12. The Council agreed to proceed as proposed by the Chair.   
13. The Chairman suggested that the Council a dopt an update to its Annual Report (2011) 
covering the present meeting, which the Secretariat had prepared at the request of the Council and 
made available at the meeting. 
14. The Council so agreed.1 
__________  
                                                      
1 An addendum to the Annual Report (2011) of the Council for TRIPS was subsequently circulated as 
document IP/C/59/Add.2.