WORLD TRADE  
ORGANIZATION  IP/C/56 
10 November 2010 
 
 (10-5999) 
  
  
 
ANNUAL REPORT (2010) OF THE COUNCIL FOR TRIPS  
 
  
I. GENERAL 
1. Since the period covered by its 2009 report
1, the Council for TRIPS has held three formal 
meetings, on 2 March, 8-9 June, a nd 26-27 October.  The minutes of these meetings are to be found in 
documents IP/C/M/62-64.2 
2. The meeting in March was chaired by Amba ssador Karen Tan (Singapore), and the 
subsequent meetings by Mr. Martin Glass (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 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 Development (OECD), the United Nations (UN), 
the  United Nations Conference on Trade a nd Development (UNCTAD), the World Bank, 
the World Customs Organization (WCO) and the World Intellectual Property Organization (WIPO) 
enjoy regular observer status in the TRIPS Counc il.  The World Health Organization (WHO) has 
ad hoc observer status in the Council.  At its mee ting in March 2002, the Council agreed to a request 
from the Joint United Nations Programme on HIV/AI DS (UNAIDS) for observer status during the 
Council's discussions on the TRIPS Ag reement and public health at that  and future meetings.  At its 
meeting in June 2010, the Council agreed to gran t ad hoc observer status on a meeting-by-meeting 
basis to the African Regional Intellectual Property Organization (ARIPO) and the African Intellectual 
Property Organization (OAPI).  Decisions on request s for observer status from 15 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, 127 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-nine Members have 
provided responses to the Checklist of Issues on En forcement.  During the reporting period, some 
Members have updated their earlier notifications of laws and regulations.  To  date, 128 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/52 and Add.1. 
2 Document IP/C/M/64 to be circulated. 
3 The Organizations in question are listed in document IP/C/W/52/Rev.12. 
4 This information on contact points is contained in document IP/N/3/Rev.11 and addenda. IP/C/56 
Page 2  
 
  III. REVIEWS OF NATIONAL LAWS AND REGULATIONS 
5. During the reporting period, the Council complete d its reviews of the legislation of Grenada 
and Suriname that had been initiated earlier, and to ok note of the outstanding material required to 
complete the pending reviews of three other Members. 
IV. 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 
6. The Council continued its discussion of these three agenda items.  For its March meeting, the 
Council received a new communication from Bolivia on the review of Article 27.3(b) (IP/C/W/545 
and Corr.1). 
V. NON-VIOLATION AND SITUATION COMPLAINTS 
7. At its meeting in March, the Council agreed 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 to enable the Council to revert to  the question of further organization of its work in 
the light of any future suggestions. 
VI. REVIEW OF IMPLEMENTATION OF  THE TRIPS AGREEMENT UNDER 
ARTICLE 71 
8. No statements were made or documents subm itted by delegations unde r this agenda item. 
VII. REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2 
9. At its meeting in March, the Council invite d Members to share information on bilateral 
agreements related to the protecti on of geographical indications into which they had entered.  For its 
meeting in June, the Council received such inform ation from Peru and Korea (IP/C/W/547 and Add.1, 
respectively).  The Chair urged those delegations that had not yet provided responses to the Checklist 
of Questions (IP/C/13 and Add.1) to do so, and sa id also that those Me mbers that had already 
provided responses could provide updates to the exte nt there had been any significant changes to the 
way they provided protection to geographical indi cations.  At its meeting in June, the Council had 
before it responses from Croatia (IP/C/W/117/Add.33). 
VIII.  REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE 
IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH 
10. At the Council's meeting in March, the Ch air reported under "Other business" on the 
consultations on the operation of the Paragraph 6 System that she had held as requested by the 
Council at its meeting in October 2009. 
11. At the request of Brazil, China, Cuba, Ecuador , India, Indonesia, Peru and Venezuela, the 
Council had on the agenda of its June meeting an it em on "Implementation of Paragraph 6 System".  
The Council agreed to set aside the second day of it s meeting in October for the next annual review 
under paragraph 8 of the decision on the "Implementa tion of Paragraph 6 of the Doha Declaration on 
the TRIPS Agreement and Public Health", and request ed the Chair to continue his consultations on 
how to proceed with the prep arations of that review.  IP/C/56 
 Page 3 
 
 
  12. At its meeting in October, the Council took up the annual review, pursuant to paragraph 8 of 
the Decision, of the functioning of the system set out in the Decision.  The Council set aside the second day of that meeting for the review.  The disc ussion was based on a list of topics that the Chair 
had faxed to Members in advance of the meeting.   The Council requested the Chair to consult on 
follow-up to the review.  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/57. 
13. As requested by the Council, the Secretaria t periodically updated the note on the status of 
acceptances of the Protocol Amending the TRIPS Agreement.
5 
IX. IMPLEMENTATION OF ARTICLE 66.2 
14. At its meetings in March and June, the Council followed up its seventh annual review 
pursuant to paragraph 2 of the "Decision on the Implementation of Article 66.2 of the TRIPS 
Agreement"6 that it had taken up at its meeting in Octobe r 2009.  For its March meeting, it received an 
additional new detailed report from the European Union and individual member States (namely 
Austria, Belgium, the Czech Republic, Denmark, Fi nland, France, Germany, Spain, Sweden and the 
United Kingdom) (IP/C/W/536/Add.7). 
15. At its meeting in October 2010, the Council took  up its eighth annual review of developed 
country Members' reports on their implementation of  Article 66.2.  For this review, the Council 
received updates to the third set of new detailed re ports on actions they ha d taken or planned in 
pursuance of their commitments under Article 66.2 from the following developed country Members:  
Norway, Australia, Switzerland, Japan, New Zealand, the United States and Canada.  This documentation is being circulated in  document IP/C/W/551 and addenda. 
X. TECHNICAL COOPERATION AND CAPACITY-BUILDING 
16. Following up the annual review of technical c ooperation held at its meeting in October 2009, 
the Council received for its March meeting additio nal updated information from the European Union 
and individual member States and agencies (namely Austria, Bulgaria, the Czech Republic, Finland, France, Germany, Hungary, Italy, Portugal, Sp ain, Sweden, and the United Kingdom, as well as the 
European Patent Office) (IP/C/W/539/Add.7).  As regards intergovernmenta l organizations, further 
updated information was received from UPOV and the WCO (IP/C/W/541/Add.3 and 4). 
17. 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 
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 Me mbers:  Norway, Australia, Switzerland, Japan, 
New Zealand, the United States and Canada (being ci rculated in IP/C/W/550 and addenda).  Updated 
information was received also from OECD, WCO, FAO, UNCTAD, WHO and WIPO (being circulated in IP/C/W/549 and addenda), as we ll as from the WTO Secretariat (IP/C/W/553). 
18. The Council continued its discussion on LDC prio rity needs for technical and financial 
cooperation.  Pursuant to paragraph 2 of the d ecision on the "Extension of the Transition Period under 
Article 66.1 for Least-Developed Country Members", the Council received information on the individual priority needs for technical and financ ial cooperation from the follo wing Members:  for its 
March meeting from Bangladesh (IP/C/W/546), for its June and October meetings from Rwanda 
                                                     
 
5 The latest version has been circulated as document IP/C/W/490/Rev.7. 
6 Document IP/C/28. IP/C/56 
Page 4  
 
  (IP/C/W/548 and Add.1), and for its October meeti ng from Tanzania (IP/C/W/552).  The Chair urged 
those least-developed country Members that had not yet provided information to the Council on their 
individual priority needs pursuant to paragraph 2 of the Decision to do so.  The Council also continued its discussion of communications Brazil ha d presented at its meetings in June 2008 and 
October 2009 entitled "Technical Coope ration and Capacity Building:  'Cluster' A of the Development 
Agenda" (IP/C/W/513 and Add.1). 
 
XI. OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL 
ORGANIZATIONS 
19. The Council continued its consideration of the pending requests for observer status from 
international intergovernmental orga nizations.  At its meeting in June, the Council agreed to grant ad 
hoc observer status on a meeting-by-meeting basi s to the African Regional Industrial Property 
Organization (ARIPO) and the African Intellectual Property Organization (OAPI).  At each meeting, 
the Chair informed the Council on the Chair's consu ltations on the request for observer status received 
from the CBD Secretariat.  At its meeting in October, the Council  agreed that the Chair continue his 
consultations on the issue of observer status fo r international intergovernmental organizations. 
 
XII. LETTER FROM THE CHAIR OF THE GENERAL COUNCIL CONCERNING 
WAYS TO IMPROVE THE TIMELINESS AND COMPLETENESS OF NOTIFICATION AND OTHER INFORMATION FLOWS 
20. The Council continued its consideration of a le tter received in February 2009 from the Chair 
of the General Council requesting the Chair to consult with Members on ways to improve the 
timeliness and completeness of notifications and other information flows on trade measures falling 
within the Council's competence.  The Secretariat pr ovided information on furthe r enhancements to its 
services improving the transparency and user-frie ndliness of the notification system, including the 
launch of the TRIPS transparency toolkit, clarifica tion of preferred formats for submission of texts, 
and the creation of the WIPO-WTO Common Portal.  At  the June meeting, also the WIPO Secretariat 
provided an update on its related activities. 
XIII.  ENFORCEMENT TRENDS 
21. At the request of China and India, at its meeti ng in June the Council ha d on its agenda an item 
on "Enforcement Trends".
7 
XIV.  OTHER BUSINESS 
22. At its meeting in March, the Council considered, under "Other business", the issue of "Public 
health dimension of the TRIPS Agreement" raised by Brazil and India. 
23. At its meeting in June, Ecuador informed the Council, under "Other business", on its recent 
experience in using flexibilities under the TRIPS Agreement. 
24. At its meeting in October, the Council consid ered, under "Other business", the issue of "IP 
enforcement trends" raised by India and Indonesia. 
 
__________  
 
 
                                                      
7 This was originally put forward on the propos ed agenda as "TRIPS-plu s Enforcement Trends".