. /.  WORLD TRADE  
ORGANIZATION  IP/C/W/457 
21 October 2005 
 
 (05-4855) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
  
REQUEST FOR AN EXTENSION OF  THE TRANSITIONAL PERIOD 
UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT 
 
Communication from the Delegation of Zambia on behalf of
 
the Least-Developed Country Members  
   The following communication, dated 13 Octobe r 2005, has been received from the Delegation 
of Zambia on behalf of the least-developed country Members. 
  
_______________ 
 
 
1. The least-developed country Members of the WTO make the following request. 
2. The least-developed country WTO Members continue  to face serious economic, financial and 
administrative constraints as well as a need for flex ibility to create a viable technological base.  In 
accordance with Article 66.1 of the TRIPS Agreemen t they hereby apply for an extension of the 
transitional period accorded under that provision for a further 15 years. 
3. Article 66.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the 
"TRIPS Agreement") accords least-developed country Members a ten-year exemption from certain obligations under the TRIPS Agreement.  Th is exemption expires on 31 December 2005. 
4. As set out in Article 66.1 of the TRIPS Agreem ent, the exemption was granted in recognition 
of the economic, financial, and administrative c onstraints faced by least-developed countries that 
prevented them from observing immediately all the obligations set out in the TRIPS Agreement; and 
it reflected the fact th at that the least-developed country  Members have special needs and 
requirements, including the need for flexib ility to create a viable technological base. 
5. During the past ten years, the least-deve loped countries have taken steps towards 
implementing the obligations set out in the TRIPS Ag reement.  However, their economies continue to 
be vulnerable, and their peoples continue to suffer poverty.  Indeed, the most recent United Nations 
Conference on Trade and Development Least-Developed Country Report  states that "if past trends 
persist, the least-developed countries are likely to become the major locus of extreme poverty in the 
world economy by 2015".  Consequently, those leas t-developed countries that remain on the United 
Nations' list of least-developed countries, con tinue to face serious economic, financial and 
administrative constraints in their efforts to bring th eir domestic legal system into conformity with the 
provisions of the TRIPS Agreement. 
 IP/C/W/457 
Page 2  
 
 6. Article 66.2 of the TRIPS Agreement states th at "developed country Members shall provide 
incentives to enterprises and ins titutions in their territories for the purpose of promoting and 
encouraging technology transfer to least-develope d country Members in order for them to create a 
sound and viable technological base".  This commitm ent by developed countries has been reaffirmed 
in paragraph 11.2 of the Doha Ministerial Decision on Implementation-Related Issues and Concerns  
that emphasized its importance and mandatory natu re.  Least-developed countries need an extension 
of the transition period to enable them to take  full advantage of the technical cooperation from 
developed countries in this area.  While there has been some movement in implementing this 
commitment with some developed countries no tifying to the Council for TRIPS the technology 
transfers that they have been involved in, the commitment has not yet been adequately fulfilled. 
Furthermore, Article 67 of the TRIPS Agreement cal ls upon developed countries to provide technical 
assistance to least-developed countries to assist them  in implementing the TRIPS Agreement.  Thus 
the least-developed country Members need more time  to take full advantage of the cooperation with 
developed country Members envisaged in Artic les 66.2 and 67 of the TRIPS Agreement. 
__________