WORLD TRADE  
ORGANIZATION  IP/C/48 
7 December 2007 
 (07-5448) 
  
  
 
ANNUAL REPORT (2007) OF THE COUNCIL FOR TRIPS  
 
  
I. GENERAL 
1. Since the period covered by its 2006 report
1, the Council for TRIPS has held three formal 
meetings, on 13 February, 5 June, an d 23-24 October.  The minutes of these meetings are to be found 
in documents IP/C/M/53-55.2 
2. The meeting in February was chaired by Ambas sador C. Trevor Clarke (Barbados), and the 
subsequent meetings by Ambassador Yonov Agah (Nigeria). 
3. The meetings of the Council were open to all WTO Members, other governments with 
observer status in WTO bodies and certain interna tional intergovernmental organizations granted 
observer status in the Council.  The Food and Ag riculture 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 De velopment (OECD), the United Nations (UN), the 
United Nations Conference on Trade and Develo pment (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 (UNA IDS) for observer status during the Council's 
discussions on the TRIPS Agreement and public health  at that and future meetings.  Decisions on 
requests for observer status from 17 other organizations are pending.3 
II. NOTIFICATIONS UNDER THE PROV ISIONS OF THE AGREEMENT 
4. The Council took note of new notifications under various provisions of the 
TRIPS Agreement.  To date, 126 Memb ers have notified, pursuant to Artic le 63.2, all or part of their 
implementing legislation relating to  all provisions of the Agreement.  Ninety-eight Members have 
provided responses to the Checklist of Issues on En forcement.  During the reporting period, some 
Members have updated their initial notifications, or  updated or supplemented their responses to the 
Checklist of Issues on Enforcement.  To date, 122 Members have notified pursuant to Article 69 
contact points for the purposes of cooperating with each  other with a view to eliminating international 
trade in goods infringing intellectual property rights.  A number of Members have updated the information they had earlier provided.
4 
                                                      
1 Document IP/C/44. 
2 Document IP/C/M/55 to be circulated. 
3 The Organizations in question are listed in document IP/C/W/52/Rev.11. 
4 This information on contact points is contained in document IP/N/3/Rev.9 and addenda. IP/C/48 
Page 2  
 
  5. The Council received a notification
5 under paragraph 2(a) of the Decision of 30 August 2003 
on the Implementation of Paragraph 6 of the Doha  Declaration on the TRIPS Agreement and Public 
Health, and a related notification6 under paragraph 2(c) of the same Decision. 
III. REVIEWS OF NATIONAL LAWS AND REGULATIONS 
6. During the reporting period, the Council reviewed  the legislation of Saudi Arabia, completed 
its reviews of the legislation of Mauritius and Sw aziland that had been initiated earlier, and took note 
of the outstanding material required to complete th e pending reviews of six other Members.  It also 
made arrangements for the review of the implementi ng legislation of Viet Nam, to be held at the 
Council's first meeting in 2008, and agreed to reve rt to the arrangements for the review of the 
legislation of Tonga, a newly acceded Me mber, at its second meeting in 2008. 
IV. TRANSITIONAL REVIEW UNDER SECTION 18 OF THE PROTOCOL ON THE 
ACCESSION OF PEOPLE'S REPUBLIC OF CHINA 
7. At its October meeting, the Council undertook the sixth 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 factual repor t on the review to the General Council.7 
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 
8. The Council continued its discussion of these th ree agenda items.  The Council received the 
following new submissions relating to them:  for its  June meeting, a written version of Norway's 
responses to the questions posed to it by Switzer land (IP/C/W/491;  and for its October meeting a 
communication from Peru on "Combating Biopiracy – the Peruvian Experience" (IP/C/W/493), and 
from Japan a communication containing additional expl anations on its earlier paper on "The Patent 
System and Genetic Resources" circulated in doc ument IP/C/W/472 (IP/C/W/504).  Venezuela, the 
African Group, Paraguay and the LDC Group informed th e Council that they had joined the list of co-
sponsors of a disclosure proposal circulated as doc ument IP/C/W/474 (issued with the joint symbols 
WT/GC/W/564/Rev.2 and TN/C/W/41/Rev.2);  a ddenda 3-6 were issued to that effect.
8 
VI. NON-VIOLATION AND SITUATION COMPLAINTS 
9. At its March 2006 meeting, the Council had ag reed to keep the item on non-violation and 
situation complaints on the agenda as a regular item so as to allow Members who would have new 
thinking to share it, and also enable the Council to consider improved ways of organizing its work on 
this matter.  During the reporting period, no stat ements were made or documents submitted by 
delegations under this agenda item. 
VII. REVIEW OF IMPLEMENTATION  OF THE TRIPS AGREEMENT UNDER 
ARTICLE 71 
10. No statements were made or documents subm itted by delegations unde r this agenda item. 
                                                      
5 IP/N/9/RWA/1. 
6 IP/N/10/CAN/1. 
7 The report is being circulated as document IP/C/47. 
8 Addendum 6 to be circulated.  IP/C/48 
 Page 3 
 
 
  VIII. REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2 
11. At its meeting in February, the Council agreed th at the Chair hold further consultations in due 
course on how the Council should organize its future work on the review of the application of the 
provisions of the Section on geographical indications under Article 24.2.  At its meetings in June and 
October, the Chair informed the Council that, give n that he had not received any representations from 
delegations on the issue, he had not yet held such further consultations, but that he remained ready to 
hold such consultations once he would sense an activ e interest in pursuing the matter.  The Chair 
urged those delegations that ha d not yet provided responses to the Checklist of Questions (IP/C/13 
and Add.1) to do so, and said also that those Members that had already provided responses could 
provide updates to the extent there had been any significant changes to the way they provided 
protection to geographical indications.  At its m eeting in June, the Council had before it responses 
from Honduras to the Checklist of Questions. 
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 in October, 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, of the functioning of the system  set out in the Decision.  The Council's report to 
the General Council on the operation of the system set out in the Decision is being circulated as document IP/C/46.  The Council agreed to forward to  the General Council a proposal for a decision to 
extend the period of acceptance by Members of the Protocol until 31 December 2009.
9 
13. As requested by the Council, the Secretariat prepared and updated a note on the status of 
acceptances of the Protocol Amending the TRIPS Agreement.10 
X. IMPLEMENTATION OF ARTICLE 66.2 
14. At its meetings in February and June, the Council followed up its fourth annual review 
pursuant to paragraph 2 of the "Decision on the Implementation of Article 66.2 of the TRIPS 
Agreement"11 that it had taken up at its meeting in October 2006. 
15. At its meeting in October, the Council took up its fifth annual review of developed country 
Members' reports on their implementation of Artic le 66.2.  For this review, the Council received 
updated reports on actions they had taken or pl anned in pursuance of their commitments under 
Article 66.2 from the following developed country Members:  Switzerland, Japan, the European 
Communities and individual member States (namely Austria, Belgium, the Czech Republic, Finland, 
France, Germany, Ireland, Spain, Sweden, and th e United Kingdom), as well as from New Zealand, 
Norway, the United States, Canada and Australia.  This documentation is being circulated in 
document IP/C/W/497 and addenda.  Different views were expressed as to whether the information 
provided fulfilled the objectives of Article 66.2. 
XI. TECHNICAL COOPERATION AND CAPACITY-BUILDING 
16. At its meeting in June, the Council invited de veloped country Members to supply information 
on their activities pursuant to Article 67 of the TRIPS Agreement prior to the annual special review of 
                                                      
9 Document IP/C/45. 
10 The latest version is available as document IP/C/W/490/Rev.1. 
11 Document IP/C/28. IP/C/48 
Page 4  
 
  this matter that was held at its October meeting.  Intergovernmental organiza tions that have observer 
status in the TRIPS Council were invited to provi de information on their activities of relevance and, 
further, the WTO Secretariat was instructed to re port on its activities.  The Council received updated 
information from the following developed country Members:  Switzerland, Japan, the European 
Communities and individual member States (namely Austria, the Czech Republic, Finland, France, 
Germany, Hungary, Italy, Poland, Portugal, Slove nia, Spain, Sweden and the United Kingdom), as 
well as from New Zealand, Norway, the United Stat es, Canada and Australia (being circulated in 
IP/C/W/496 and addenda).  Upda ted information was received al so from UNCTAD, UPOV and the 
WIPO (being circulated in IP/C/W/495 and addenda ), as well as the WTO Secretariat (IP/C/W/494).  
Views were expressed regarding some of the informat ion provided which could not be categorized as 
Article 67 activities, as well as to whether the inform ation reflected an adequate implementation of 
Article 67. 
17. The Council received information on priority n eeds for technical and financial cooperation 
from Sierra Leone and Uganda pursuant to paragra ph 2 of the decision on the "Extension of the 
Transition Period under Article 66.1 for Least-Developed Country Members"
12 (IP/C/W/499 and 500, 
respectively).  It agreed that an item on LDCs' pr iority needs for technical and financial cooperation 
would be placed on the agenda of the Counc il's next meeting as a separate agenda item. 
XII. COMMUNICATIONS RECEIVED FROM THE UNITED STATES, SWITZERLAND 
AND JAPAN:  ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 
18. At the request of the United States, at its m eeting in February the Council had on its agenda 
an item on "Enforcement of Intellectual Property Ri ghts (Part III of the Agreement) – Communication 
from the United States (IP/C/W/488)".  It had before it a submission from the United States on 
"Enforcement of Intellectual Property Rights (Par t III of the Agreement) – Experiences of Border 
Enforcement" (IP/C/W/488).  At the request of Switzerland, at its m eeting in June the Council had on 
its agenda an item on "Enforcement of Intellectua l Property Rights (Part III of the Agreement) – 
Communication from Switzerland".  It had before it a submission from Switzerland on "Enforcement 
of Intellectual Property Rights:  Communication and Coordination as a Key to Effective Border 
Measures" (IP/C/W/492).  At the request of Japan, at its meeting in Octobe r the Council had on its 
agenda an item on "Enforcement of Intellectual Property Rights (Part III of the Agreement) – 
Communication from Japan".  It had before it a submission from Japan on "Enforcement of Intellectual Property Rights" (IP/C/W/501).  Differe nt views were expressed on the appropriateness of 
dealing with the issues raised in  those communications in the Coun cil, as well as on whether the item 
should be on the Council's agenda. 
 
XIII. OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATIONS 
19. At its meeting in June, the Council agreed that  the Chair hold consultations on the issue of 
observer status for intergovernmental organizati ons, in particular on the request from the CBD 
Secretariat.  At its meeting in October, the Ch air informed the Council on his consultations on this 
matter.  The Council agreed that the Chair inform the Executive Secretary of the CBD Secretariat of 
the latest situation regarding the request of the CBD and continue his consultations. 
 
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12 Document IP/C/40.