RESTRICTED  
  
IP/C/M/10 4/Rev.1  
27 June 2022 
(22-4962) Page: 1/12 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
  
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 9-10 MARCH 2022  
Chair: H.E. Ambassador Dagfinn Sørli  and Ambassador Dr. Lansana Gberie  
Revision  
The original version of this document contained the record of the meeting of the Council for TRIPS 
held on 9 -10 March 2022. This revision adds the record of the resumptions of this meeting on 6 May 
and 1 June 2022, which were chaired by Amb. Lansana Gberie , and corrects the numbering of 
headings to reflect the meeting's agenda . 
Table of Contents  
STATEMENTS AFTER THE ADOPTION OF THE AGENDA  ................................ ......................  2 
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ........  2 
2   REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ................  3 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ .............................  4 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ .....................  4 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION 
ON BIOLOGICAL DIVERSITY  ................................ ................................ ............................  4 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ..... 4 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ .........................  5 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMEN T UNDER 
ARTICLE 71.1  ................................ ................................ ................................ ...................  6 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 2 4.2 ................................ ......................  7 
10   FOLLOW -UP TO THE NINETEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 
OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF TH E TRIPS 
AGREEMENT  ................................ ................................ ................................ .....................  7 
11   TECHNICAL COOPERATION AND CAPACITY BUILDING  ................................ ..............  8 
12   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS 
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF 
COVID -19 ................................ ................................ ................................ .........................  8 
13   DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND 
PUBLIC HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC  ................................ .............  8 
14   INTELLECTUAL PROPERTY, INNOVATION AND MICROFINANCE  ..............................  10 
15   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  11 
16   OBSERVER STATUS FOR INTERNATION AL INTERGOVERNMENTAL 
ORGANISATIONS  ................................ ................................ ................................ ...........  11 IP/C/M/10 4/Rev.1  
 
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  17   OTHER BUSINESS  ................................ ................................ ................................ .... 11 
18   ELECTION OF THE CHAIRPERSON  ................................ ................................ ............  12 
 
STATEMENTS AFTER THE ADOPTION OF TH E AGENDA  
1.  The Chair noted that the proposed agenda ha d been circulated as document 
WTO/AIR/IP/41/Rev.1 . The Secretariat ha d also circulated an annotated agenda, providing short 
background information on individual agenda items, in document JOB/IP/56 . 
2.  The Council adopted the agenda  as proposed.  
3.  The representative s of Ukraine ; the European Union ; the United States ; the United Kingdom ; 
Canada ; Australia ; Norway ; New Zealand ; Japan ; Switzerland ; the Republic of Korea ; Georgia ; and 
the Russian Federation  took the floor.  
1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
4.  The Chair  invited the Secretariat to update delegations on the notifications under various 
provisions  of the TRIPS Agreement that had been submitted  since the meeting in October  2021, to 
then offer the floor to delegations wishing to introduce th eir notifications.  
5.  The representative of the Secretariat  said that the Council had received the following 
notifications , under Article 63.2 of the TRIPS Agreement:  
a. Australia  had notified amendments to its Designs Act that implemented recommendations 
from a review of its designs systems, providing more flexibility to designers in the early 
stages of getting registered design protection;  
b. Japan  had notified revisions to  its Design Act, Patent Act , Trademark Act  and Copyright 
Act; 
c. The Russian Federation  had notified amendments to its laws permitting compulsory 
licensing with regard to patents, industrial designs,  and layout -designs, and introducing 
provisions that allow compulsory licensing of pharmaceutical products for export;  
d. The Kingdom of Saudi Arabia  had notified has notified a Law on Commercial Courts that 
established rules and procedures for commercial  courts that include d claims and violations 
arising from the implementation of intellectual property laws;  
e. The United Arab Emirates  had no tified a new law on the Regulation and Protection of 
Industrial Property Rights encompassing patent, utility model, industrial design, integrated 
circuit layout design, as well as undisclosed information ; 
f. The United States  had notified  its Trademark Modernization Act of 2020, which provided , 
inter alia , new procedures to challenge Federal applications and registrations with bogus 
or inaccurate claims of use ; 
g. Trinidad and Tobago  had notified a consolidated version of its Trade Mark Act, which 
modernized numerous aspects of the trademark regime , including definitions, well -known 
marks, registry organization and border enforcement protection against counterfeit 
trademark goods ; 
h. The United Kingdo m had notified a Trade Mark and International Mark Amendment 
Regulation 2021, addressing questions of retained European Law pertaining to 
trademarks; and two Orders amending the 2016 Copyright and Performances Order 
extending further protections to certain c ountries' nationals in order to implement recent 
free trade agreements signed by the United Kingdom and in response to countries recently 
joining the WIPO Performances and Phonograms Treaty ; IP/C/M/10 4/Rev.1  
 
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  i. Switzerland  had notified amendments and regulations related to: patents and the Federal 
Patent Court ; drugs and medical devices ; Protection of Trademarks and Indications of 
Source ; protection of designations of origin and geographical indications for agricultural 
products ; use of Swiss indications for foodstuffs; copyri ght and related rights ; design s 
protection ; as well as on the protection of the coats of arms of Switzerland, the Swiss Red 
Cross, and the Names and Emblems of the United Nations Organization and other 
Intergovernmental Organizations ; and  
j. Brazil  had notified amendments to its Industrial Property Act, its Plant Variety Protection 
Law, and seve ral other laws and regulations in order to promote the ease of doing 
business.  
6.  The Chair  invited delegations that had provided new or revised notifications t o the Council to 
introduce those notifications. The  representatives  of Australia ; Brazil ; Trinidad and Tobago ; Japan ; 
Switzerland ; the United States ; the United Kingdom ; the Kingdom of Saudi Arabia ; and the Russian 
Federation  took the floor.  
7.  The Chair  invited the Secretariat to introduce the "Annual Report on Notifications and other 
information flows" ( document IP/C/W/687/Rev.1 ). 
8.  The representative from the Secretariat  took the floor.  
9.  The Chair  thanked delegations for the information provided on their notifications and welcomed 
the information provided by the Secretariat. He noted that notifications to the Council were not 
keeping up with the actual development of laws and regulations relating t o TRIPS and emphasized 
that Article 63.2 of the TRIPS Agreement was not a one -off requirement. It was a core element of 
the TRIPS transparency arrangements, and a central part of the Council's substantive work. The 
"Annual Report on Notifications and Other  Information Flows" (document IP/C/W/687/Rev.1 ), which 
had been introduced by the Secretariat  provide d a Member -by-Member overview of each Members' 
most recent notifications and a number of Members ha d not notified any of their legislative changes 
for, sometimes , over ten years . 
10.  He urged Members to keep up -to-date their notifications by submitting any new or revised laws 
or regulations to the Council, as well as completing their initial notifications in case a ny material was 
still outstanding.  The same applie d to the Checklist of Issues on Enforcement which had been 
established by the Council as an element of Members' notification obligations . In this regard, he 
commended Switzerland for the submission of updates to its responses.  However, most of the 
responses  by other Members had not been updated for the last 20 years.  Detailed information on 
individual Members was available from the Annexes of the Annual Notification Report.  
11.  The Chair  recalled that all these notifications c ould be made through the e-TRIPS Sub mission 
System.  The Secretariat was available to respond to any question in that regard.  
12.  The Council took note  of the notifications and the statements made.  
2  REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  
13.  The Chair  recalled that the Council was preparing for the review of the national implementing 
legislation of Samoa.  As had been  agreed at the end of last year, the Council would  wait for the 
notification of Samoa's revised legislation following their 2018 accession to a number of World 
Intelle ctual Property Organization ( WIPO ) treaties1, before commencing the review. He propose d 
that the Secretariat remain in contact with Samoa on the progress of its new legislation ; and that 
the Council revert to the arrangements for Samoa's review at its nex t meeting. While there were no 
current reviews pending , he said  Members should feel free to revert to any matter raised in past 
reviews, or to make suggestions regarding further reviews. He would further welcome ideas on how 
to make best use of this agenda  item. 
 
1 Samoa has acceded to the WIPO Madrid Agreement and Protocol in 2018, and to the Patent 
Cooperation Treaty, the Geneva Act of the Hague Agreement, and the Geneva Act of the Lisbon Agreement in 
2019.  IP/C/M/10 4/Rev.1  
 
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  14.  The Council took note  of the information provided and agreed to schedule the arrangements for 
the review of Samoa's national implementation legislation as proposed by the Chair.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
15.  The Chair  recalled that this agenda item ha d been discussed in the Council since its informal 
open-ended meeting in June 2020 and  had remained on the Council's agenda at its formal meetings 
since then.  The purpose of this item was to facilitate exchange of views on measures undertaken  as 
the pandemic continued . 
16.  He referred to the compilation "COVID -19: Measures Regarding Trade -Related Intellectual 
Property Rights"  – available  from the WTO website  – which  contained a non -exhaustive list of 
IP- related measures taken in the context of CO VID-19, compiled by the Secretariat from official 
sources and verified by the Members concerned.2 This list was updated continuously, even if the rate 
at which new measures are brought  to the attention of the Secretariat was slowing down. He thanked  
those  Members that ha d informed the Secretariat of measures that should be included in this list, 
as well as any update or information on the expiry – or end of application – of such measures and  
encourage d others to do the same.  
17.  The Chair  recalled  that in earlier meetings of th e Council , and at the General Council, a number 
of Members had asked the Secretariat  to provide and compile data on the number of voluntary 
license agreements regarding COVID -19 vaccine production over time, and on the projec ted and 
observed volume of vaccine dose production under these  agreements. At the Council's October  2021 
meeting, the Secretariat had presented an updated set of data from different sources under this 
agenda item. The Chair  invited the  Secretariat to provi de a further  update on the data compilation . 
18.  The Secretariat  took the floor.  
19.  The representatives of  South Africa ; the United States ; and China  and took the floor.  
20.  The Chair  thanked the Secretariat  and the Members for their statements . In view of the 
continued interest on this agenda item, he proposed that the Council revert to the item at its next 
meeting, so that exchanges could  once again take place, including on the basis of the updated 
Secretar iat document of COVID -19-related IP measures.  
21.  The Council took note  of the statements made and agreed to revert  to this item at its next 
meeting.  
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
22.  The Chair  said that the next three agenda items concerned the Review of the Provisions of 
Article  27.3(b), the Relationship between the TRIPS Agreement and the Convention on Biological 
Diversity, and the Protection of Traditional Knowledge and Folklore. Following past practice, he 
proposed that these three items be addressed together.  
23.  The Chair  recalled that one tool for the review under agenda item 3 was the information 
provided by Members in response to a list of questions on Article 27.3(b)  of the TRIPS Agreement . 
The "Annual Report on Notifications and other Information Flows" that had been introduced  by the 
Secretariat earlier  illustrated that responses had been rather sparse recently. So far, only 
28 Members had responded to the list of questions on Article 27.3(b), with the Kingdom of 
Saudi  Arabia being the most recent Member to submit responses.  He invited delegations to take a 
look at Table A.9 of the Annual Report, which provide d a Member -by-Member overview of Members' 
submissions in this area, and to determine whether were yet to submit initial responses , or whether 
 
2 WTO | COVID -19: Measures regarding trade -related intellectual property rights  IP/C/M/10 4/Rev.1  
 
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  earlier responses  needed updating . He noted that the e -TRIPS Submission System provide d an easy 
and convenient online tool for drafting and submitting responses.  
24.  The Chair  recalled that two long -standing procedural issues under these items had also been 
discussed extensively, on the record, at every regular meeting of the Council for many  years: 
a. First, the suggestion for the Secretariat to update the three factual notes on the Council's 
discussions on the TRIPS and CBD and related items; these notes were initially prepared 
in 2002 and last updated in 2006; and  
b. Second, the request to invite the  CBD Secretariat to brief the Council on the 
Nagoya  Protocol to the CBD, initially proposed in October 2010.  
25.  Following suggestions made  in small -group consultations held  with delegations on 4 and 
8 March , the Chair said he did not detect any movement in delegations ' views in this regard . 
Considering that  Members' positions on these issues were well known and already extensively 
recorded in the Council's minutes , he encouraged delegations to focus on solutions when addressing 
these procedural questions.  To resolve the outstanding procedural issues mentioned by a number of 
delegations, the Chair suggested that the Council ask the incoming Chair to hold consultations on 
this matter.  
26.  The representatives of India; China ; Bangladesh ; Nigeria; Indonesia ; Brazil ; Tanzania,  on behalf 
of the African Group ; South Africa ; Japan ; the United States ; Canada ; Chile and Australia  took the 
floor. 
27.  The Council took note  of the statements made  and agreed  to request the incoming Chair to hold 
consultations on this matter.  
7  NON-VIOLATION AND SITUATION COMPLAINTS  
28.  The Chair recalled that , at its session of 10 December 2019, the General Council had directed 
the TRIPS Council to continue the examination of the scope and modalities for non -violation a nd 
situation complaints, and to make recommendations to the 12th Ministerial Conference (MC12). It 
had also been agreed that, in the meantime, Members would not initiate such complaints under the 
TRIPS Agreement.3 In the run -up to the original date of MC12 the Council had agreed on 5 November 
2021 to recommend to the 12th Ministerial Conference to extend the moratorium once again until 
the next Ministerial Conference, that is to MC13.  
29.  Against this background, and given that the Council had already agreed on its recommendation 
to MC12 which was now scheduled June 2022, the Chair invited delegations to share how to the 
Council's work on this item should be organized . 
30.  The Chair said that, at recent meetings, and at the  small group consultations that had been 
held in preparation for th e present  meeting, he  had noted that a few delegations had signalled 
openness to return to substantive discussions in this area. He recalled that one year ago , at the 
meeting that had taken  place in March 2021 , his predecessor had made a s uggest ion on how  
Members could identify areas of agreement in the non -violation discussions. She had suggested that 
identifying such areas, or elements, of agreement regarding the general nature of non -violation and 
situation complaints might help enable delegations to focus their engagement on the areas of 
disagreement – and thus make at least some prog ress in framing the questions for ministers. While 
there had been no appetite to take this approach when he had held follow -up consultations in 2021, 
he wondered whether delegations were now more at ease to consider this or any other approach 
that might help identify common ground.  
31.  The Chair  invited  Members to share their views and  also, ideally,  concrete practical guidance on 
how to best approach this item going forward . 
 
3 See document WT/L/1080 . IP/C/M/10 4/Rev.1  
 
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  32.  The representatives of Brazil ; India; Tanzania , on behalf of the African Group ; Bangla desh; 
Chile; Canada ; Nigeria ; Indonesia ; the United States ; South Africa ; Switzerland ; and Australia  took 
the floor.  
33.  The Chair  thanked the delegations for sharing their views, which would  help the incoming Chair 
and the Secretariat to organize the Council's work going forward , and suggested that the Council 
request the incoming Chair to hold consultations in this regard.  
34.  The Council  took note  of the statements made and agreed  to revert this matter at its next 
meeting , and to request the incoming Chair to hold consultations on this matter.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
35.  The Chair recalled that Article 71.1 of the TRIPS Agreement  required the Council to conduct a 
review of the implementation of the Agreement once every two years. As the initial review in 1999 
had not been completed, no other review ha d subsequently been initiated.  
36.  During the  consultations  preceding this meeting , he had  pointed out  to delegations that this 
item ha s long been dormant on the Council's agenda , while similar general review mandates in other 
WTO agreements regularly serve d as an opportunity to pursue in -depth discussions of particular 
aspects of implemen tation, as agreed by Members , often taking place in dedicated thematic sessions.  
37.  He said  that the recent intensive discussions on the role of IP in the pandemic response, and 
on the practical application of TRIPS flexibilities in different WTO Members,  had shown  delegations' 
keen interest in discussing these and other aspects of TRIPS implementation . Equally intensive 
engagement on national IP systems  could be observed  in the context of Trade Policy Reviews, where 
Members had discuss ed detailed questions of  individual approaches to implementation. Other 
aspects of implementation , such as enforcement , had also been requested as ad hoc  agenda items 
in the TRIPS Council in the past. He said that all of this seem ed to indicate considerable interest in 
such discussions among delegations.  
38.  Considering  that the review mandated in Article 71.1 of the TRIPS Agreement seem ed to have 
been intended as a forum for exactly this type of discussion, the Chair wished  to explore w hether 
delegations would be willing to consider resuming this review , which was, in fact, mandated by the 
text of the treaty. This would give a more structured and inclusive home to these and similar 
discussions on the Council's agenda and could establish a more permanent discussion culture around 
examples and experiences from implementing the Agreement.  
39.  The Chair  suggested  that other practices in the house , such as the  reviews of the  Sanitary and 
Phytosanitary Measures ( SPS) or Technical Barriers to Trade (TBT) Agreements,  could be taken as 
examples . Resuming the review of the TRIPS Agreement under this item could mean for Members 
to identify, and agree on, selected topics relevant to TRIPS implementation, which could then be 
discussed in dedicated sessions  over a two -year period as foreseen in Article 71.1.  
40.  The Chair said that, if Members could consider  re-establishing the review function under this 
mandate, a possible first step would be a discussion in this regard under this agenda item. This could 
then be followed by consultations on the exact process and possible topics for such a review cycle 
before the next meeting in June. If Members were able to find a suitable approach and format in 
such consultations, resuming the review function could then be considered at the Council's next 
meeting in June 2022. 
41.  He said that, after h aving chaired TRIPS Council discussions for one year , it was his personal 
view that such regular discussions of concrete a spects of TRIPS implementation would be extremely 
useful to delegations. In his view, they would not only illustrate Members ' understanding of the 
scope on individual TRIPS obligations but  would also share concrete technical approaches to their 
implementat ion in different domestic legal system and economies.  
42.  The Council  agreed  to revert to the matter at its next meeting.  IP/C/M/10 4/Rev.1  
 
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  9  REVIEW  OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
43.  The Chair  recalled that Article 24.2 of the TRIPS Agreement require d the Council to keep under 
review the application of the TRIPS provisions on geographical indications. The principal tool used 
for the review was the Checklist of Questions in documents IP/C/13  and IP/C/13/ Add.1 . Since the 
Council's October 2021 meeting, Switzerland has submitted updated responses which ha d been 
circulated in document IP/C/R/GI/CHE/1 . 
44.  The Chair  invited Switzerland to introduce their submission.  
45.  The representative of Switzerland  took the floor.  
46.  The Chair  thanked Switzerland  for providing detailed and comprehensively updated answers to 
the list of questions on geographical indications.  
47.   He said it was u nfortunate  that only 52 out of 164  Members had responded to the Checklist so 
far; and that many of these responses were likely to be outdated. In his view, this d id not adequately 
reflect the fact that GI protection was an active area of legal and policy development at the domestic 
level and in FTAs. T he "Annual Report on Notifications and Other Information Flows" circulated  earlier 
by the Secretariat provide d a Member -by-Member overview of notifications in this area. He invited 
delegations to take a look at Table A.9 to determine whether  they should submit initial responses to 
the GI checklist or whether  their previous responses might merit updating. He noted that the e -TRIPS 
Submission System provide d an easy and convenient online tool for drafting and submitting 
responses to the Checklist . 
48.  In line with the Council's recommendation made in March 2010, the Chair also invited Members 
to share information regarding GI chapters in their bilateral agreements.  
49.  The representatives of the European Union ; and Sri Lanka  took the floor.  
50.  The Council took note  of the information provided  and agreed  to revert to the matter at its next 
meeting.  
10  FOLLOW -UP TO THE NINETEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE 
DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  
51.  The Chair  recalled that the Council  had conducted the Nineteenth Annual Review under 
Paragraph  2 of the Decision on the Implementation of Article 66.2 of the TRIPS Agreement  at its 
meeting in October 2021 . At that meeting delegations from developed country Members had briefly 
presented the updated reports they had submitted under Article 66.2 , and the Council  had agreed 
that it would revert to the item at th e present  meeting to permit continued consideration of the 
submitted material.  He also recalled that, i n July 2020, the LDC Group had circulated a new 
subm ission entitled "Proposed New Template for Annual Reporting under Article 66.2 of the 
Agreement on Trade -related Intellectual Property Rights" in document IP/C/W/664 . 
52.  In order to give LDCs more time to absorb the information provided by developed countr y 
Members  in their reports, and to ensu re that these reports were available in the official languages 
of the WTO, the Secretariat  had once again organized a "Workshop on the Implementation of the 
Article 66.2 of the TRIPS Agreement". Due to the sanitary situation, the workshop had been held in 
virtual format on 2, 3 and 4 March 2022. The Chair  indicated that some capital -based delegates who  
had participated in that Workshop were present at the  meeting.  
53.  The Chair  asked the Secretariat to report on this Workshop.  
54.  A representative of the Secretariat  took the floor.  
55.  The representatives of Sierra Leone ; Chad, on behalf of the LDC Group ; Bangladesh ; Togo; 
Nepal ; Tanzania  on behalf of the African Group; Norway ; the European Union ; the United Kingdom , 
South Africa ; Japan ; Switzerland ; the United States ; Canada ; and Australia  took the floor . IP/C/M/10 4/Rev.1  
 
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  56.  The Council took note  of the statements made and agreed to revert  to the matter at its next 
meeting.  
11  TECHNICAL COOPERATION AND CAPACI TY BUILDING  
57.  The Chair  recalled that in  October  2021, the Council had conducted its annual review of technical 
cooperation on the basis of reports submitted by developed country Members, and a number of 
Observer International Organizations. He said that , as some information had only been made 
available a short time before the meeting, the Council had agreed that  Members would have a further 
opportunity to make comments at the  present  meeting.  
58.  The representatives of Bangladesh ; and the World Intellectual Pr operty Organization ( WIPO ) 
took the floor.  
59.  The Council took note  of the statements made.  
12  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
13  DRAFT GENERAL COUNCIL DECLARATION ON THE  TRIPS AGREEMENT AND PUBLIC 
HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC  
60.  Noting that most delegations had made one single statement under these two agenda items in 
the past, the Chair suggested that these items be once again taken up together.  
61.  He recalled  that the "Proposal for A Waiver from Certain Provisions of The TRIPS Agreement for 
the Prevention, Containment and Treatment of C OVID -19" had been originally submitted by India 
and South Africa ; and circulated as  document IP/C/W/669  in October 2020. A revised proposal had 
been circulated by the co -sponsors in document IP/C/W/669/Rev.1  on 21 May 2021 , which is now 
co-sponsored  by 65 delegations .4 
62.  He further recalled that i n June 2021,  the European Union had submitted a communication on 
"Urgent Trade Policy Responses to the COVID -19 Cr isis: Intellectual Property" , circulated in 
document  IP/C/W/680 , which had been  followed by a "Draft General Council Declaration on the 
TRIPS Agreement and Public Health in the Circumstances of a Pandemic" , circulated in 
document  IP/C/W/681 . 
63.  The Chair  recalled that at the last formal meeting on 22 February 2022, the Council had agreed 
to once again provide a 'Status Report on the consideration by the TRIPS Council of the waiver 
proposal' to the General Council meeting of 23 -24 February 2022. That Status Report had provided 
a factual overview of the waiver discussions in this Council and had highlighted Members' common 
goal of providing timely and secure access to high -quality, safe, efficacious and affordable vaccines 
and medicines for all.  
64.  It had concluded that,  
"[t]he TRIPS Council will therefore continue its consideration of the waiver request and report 
back to the General Council as stipulated in Article IX:3 of the Marrakesh Agreement.  
In addition, the TRIPS Council will also continue in the same manner its consideration of the 
other related proposals by Members."  
65.  The Chair  recalled  that at the Council's meeting in February  2022, DDG Gonz ález and a number 
of delegations involved  had also briefly shared information on the high -level consultations concerning 
these items at ministerial and senior officials' level. A number of other Members had also emphasized 
the need for transparency and inclusiveness in any process that was intended to lead to a 
 
4 India, South Africa, Kenya, Eswatini, Mozambique, Pakistan, the Plurinational State of  Bolivia, the 
Bolivarian Republic of  Venezuela, Mongolia, Zimbabwe, Egypt, the African Group, the LDC Group, the Maldives, 
Fiji, Namibia, Vanuatu, Indonesia, Jordan, Malaysia and Argentina.   IP/C/M/10 4/Rev.1  
 
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  consensus - based outcome.  The Chair encouraged delegations to prov ide as much information as 
possible on their contacts and activities in this regard.  
66.  The representatives of  South Africa ; the European Union ; the Maldives ; Egypt ; Bangladesh ; 
Indonesia ; Malaysia ; Tanzania , on behalf of the African Group ; Chile; Colombia ; India; the 
Plurinational State of Bolivia ; China ; Brazil ; Pakistan ; Hong Kong, China ; Sri Lanka ; Australia ; 
Nigeria ; the United Kingdom ; Norway ; Nepal ; Switzerland ; Chad, on behalf of the LDC Group ; Japan ; 
Singapore ; Russian Federation ; Turkey ; Namibia ; the United States ; Peru; and the 
Bolivarian  Republic of Venezuela  took the floor.  
67.  The Chair  thanked the representatives for their interventions and said that in light of the 
discussion, it was his impression that Members' views on the substance remained relatively 
unchanged. While he had heard a number of delegations welcoming the efforts of the 
Director - General, he had also heard some strongly expressed concerns regarding transparency and 
inclusiveness. Overall, he sensed expectations  and hope s among delegations that the current 
high- level process m ight result in framing a platform on which the M ember ship at large may be able 
to build a consensus -based solution.  
68.  Regarding the procedural way forward, noting the requests from delegation s, the Chair 
proposed to keep these two agenda items open in order to be able to reconvene the Council at short 
notice.  
69.  Finally, the Chair urged delegations to remain fully engaged with a sense of urgency and with 
the objective to find a path forward towar ds a consensus -based outcome. Transparency and 
inclusiveness were central pillars of the WTO's modus operandi . All efforts should be made to keep 
the entire membership as much as possible informed and involved in the deliberation on items on 
the Council's agenda.  
70.  The Council took note  of the statement s made  and agreed  to keep the agenda it ems open  with 
a view to resuming the meeting at short notice as appropriate in light of developments . 
71.  At the reconvened meeting on 6 May 2022 , the Chair suggested to once again take up agenda 
items 12 and 13 together, as had been the case in past meetings. The Chair put on record that, at 
an informal meeting of the Council on 3 May 2022, he had shared with Members a briefing that he 
had received from the Director -General on the outcome of informal discussions among a number of 
Ministers that had been held without p rejudice to these Members' respective positions. On the same 
day, he had received a communication from the Director -General, containing the text of this 
outcome, which was subsequently circulated to Members in document IP/C/W/688 . 
72.  He recalled that, at an informal session immediately precedin g this formal meeting, he had 
shared with Members his impressions from the bilateral consultations he had held, and a number of 
delegations had provided first informal reactions to the circulation of document IP/C/W/688 . These 
interventions had indicated that the majority of delegations need ed more time to consult on the 
document before they would be  ready to substantively engage  on the text. He indicated that he 
would consult further with Members after the General Council meeting on 9 -10 May, before setting 
out a process for substantive disc ussions going forward.  
73.  The Chair then recalled that, as indicated in his communication dated 28 April 2022,  in its last 
report to the General Council on 23 -24 February 2022, the Council had concluded that it would 
"report back to the General Council as sti pulated in Article IX:3 of the Marrakesh Agreement". In 
line with previous practice, he had circulated draft language for a factual and neutral reflection of 
the state of play, closely based on previous reports, on 3 May 2022 in document JOB/IP/57  with an 
invitation for Members to provide comm ents. An agenda item for this status report had also been 
placed on the agenda of the General Council meeting scheduled for 9-10 May  in the usual fashion. 
Since no comments had been received on the draft language, delegations had been informed that 
the Cha ir would propose the text as circulated for adoption.  
74.  As the proposed language closely mirrored previous reports , which were by now well known by 
all delegations, the Chair said he would simply propose that the Council formally adopt the text for 
the oral status report as circulated in document JOB/IP/57  as a factual reflection of discussions on 
the TRIPS Waiver request.  IP/C/M/10 4/Rev.1  
 
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  75.  The Council so agreed . 
76.  The Chair  thanked delegations for their cooperation and said he would deliver this report to the 
General Council, on 9-10 May , as agreed. He recalled that, given the upcoming opportunities for 
delegations to place formal statements on the record at the General Council, he had not intended  to 
open the floor under this agenda item, and he thanked delegati ons for their cooperation in this 
regard.  
77.  The representatives of China ; Indonesia ; Ukraine ; Nigeria  and the Russian Federation  requested 
their statements from the preceding informal meeting be included in the record of the formal 
meeting.  
78.  The Chair then re called that when the Council agreed to the 2022 meeting dates  last October, 
the summer meeting of the TRIPS Council had been set for 8 -9 June 2022. Given that the 12th 
Ministerial Conference had recently been rescheduled for 12 -15 June, and in light of the  circulation 
of the draft outcome text, he suggested moving the date of the Council 's summer  meeting to 
6- 7 July 2022 to allow the Council and delegations  to focus on  preparations for MC12.  
79.  The Council so agreed . 
80.  In closing, the Chair  encouraged delegations to prepare for the upcoming discussions on the 
draft outcome text with a constructive and pragmatic attitude. The fact that a number of active 
delegations with divergent view s had invested months of hard work to come together around  a 
common text meant that Members may now have a realistic chance to reach an agreed outcome on 
this long -standing issue. It would not be easy, and it was in the nature of multilateral consensus 
that compromises would be  required on all sides. But an agree ment by all Members on a pragmatic 
and practical outcome on the role of IP in the pandemic would send a strong signal that – despite 
their differences – the WTO community could come together and highlight how the multilateral rules 
can help address this an d future crises.  
81.  At the reconvened meeting on 1 June 2022 , the Chair indicated that the sole purpose of the 
meeting related to the modalities for adopting the TRIPS Council's oral status report to the General 
Council meeting on 7 June. He said that he woul d circulate the draft text for that report to delegations 
today and proposed that the Council adopt the text of its oral status report ad referendum . This 
would mean that, unless any delegation raised an objection to the draft text of the oral status repor t 
by the specified deadline, the report would be deemed to have been adopted. This would help the 
Council avoid holding another formal meeting before the General Council meeting the following  
week.  
82.  The Council so agreed .5 
14  INTELLECTUAL PROPERTY , INNOVATION  AND MICROFINANCE  
83.  The Chair  said this item ha d been put on the agenda at the request of Australia ; Canada; Chile; 
the European Union; Japan; Singapore; Switzerland; The Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu; the United Kingdom; and  the United States of America . A 
communication with the same title ha d been received from the co -sponsors and circulated as 
document IP/C/W/686 . 
84.  The representatives of  Canada ; the United States ; the European Union ; Japan ; Singapore ; the 
United Kingdom ; Chinese Taipei ; Australia ; Switzerland ; Chile; Chad on behalf of the LDC Group ; 
Brazil ; Hong Kong, China ; China ; and WIPO  took the floor.  
85.  The Council took note  of the statements made under this item.  
 
5 The text of the Council's Report to the General Council circulated in JOB/IP/59  was subsequently 
adopted ad referendum . IP/C/M/10 4/Rev.1  
 
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  15  INFORMATION  ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
86.  The Chair  recalled that the purpose of this information agenda item was to keep Members posted 
of developments in the WTO, which had a TRIPS or intellectual property angle.  
87.  Regarding dispute settlement, t he Chair noted  that one request for consultations ha d been 
formally submitted since the last meeting. By means of a communication dated 18 February 2022, 
the European Union ha d requested consultations with China regarding the Enforcement of 
Intellectual Propert y Rights . This request has been circulated on 22 February 2022 in 
document  IP/D/43 .6 
88.  Regarding developments relating to the TRIPS amendment, the Chair said the delegation of 
Ecuador ha d deposited its instrument of acceptance with  the Director -General on 9 March 2022 . 
With this most recent addition, 134 Members had now accepted the TRIPS amendment. In order to 
encourage the remaining 30 Members to expedite action in good time before the current deadline 
for acceptance , the Director -General and he himself had sent remi nder letters to the Ambassadors 
of these 30 delegations. The attachments to these letters provide d details on the benefits of the 
amendment and explain ed the steps necessary to deposit an instrument of acceptance.  Under the 
General Council Decision of 23 N ovember 2021 ( document WT/L/1122 ) the period for acceptance of 
the Protocol had been extended until 31 December 2023. He encouraged Members that were yet to 
accept the Amendment to do so expeditiously.  
89.  The representative of Ecuador  took the floor.  
90.  The Chair  invited the Secretariat to provide the regular briefing on IP -related issues considered 
in the context of individual Members' trade policy reviews, and in the Director -General's Monitoring 
Report.  
91.  The representative of the Secretariat  took the floor.  
92.  The Council took note  of the information provided  and the statement s made.  
16  OBSERVER STATUS  FOR INTERNATIONAL INTERGOVERNMENTAL ORGANISATIONS  
93.  The Chair said that the updated list of pending requests for observer status in the TRIPS Council 
by intergovernmental  organizations was contained in document IP/C/W/52/Rev.14 ; and that the  
information provided by the relevant intergovernmental organizations concerned was available on 
the Members' website.7 
94.  The Chair  recalled that, at its meeting in November 2012, the Council had agreed to gran t 
ad hoc observer status on a meeting -to-meeting basis to the European Free Trade Association 
(EFTA) . Since then, this invitation ha d been renewed at each meeting. The Chair suggested to invite 
again the EFTA to attend the Council's next formal meeting on an ad hoc  basis.  
95.  The Council so agreed . 
17  OTHER BUSINESS  
96.  The Chair noted that the date for the next Council meeting, 8 -9 June 2022 , was  very close to 
the envisaged date s for MC12, which was planned for the week of 13 June 2022.  
97.  Considering that the Council ha d already adopted its recommendation on non -violation and 
situation complaints, it c ould be expected that the focus of the Council's  attention between now and 
MC12 w ould be on the discussions regarding the TRIPS waiver and the related EU proposal.  
 
6 Also circulated with docume nt symbol WT/DS611/1 . 
7 https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observer_e.htm   IP/C/M/10 4/Rev.1  
 
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  98.  He proposed to consider moving the date for the next regular Council meeting to after the 
Ministerial Conference , so that Council meeting s before MC12 c ould focus entirely on the areas most 
relevant to MC12.  
99.  While t he Chair emphasized that he was not suggesting that this decision was taken place, but 
that it might be useful if delegation s that had a view on this question could share it now. This would 
enable the Secretariat and the incoming Chair to make a decision in this regard once the exact dates 
for MC12 are confirmed.  
100.  The Council  so agreed . 
18  ELECTION OF THE CHAIRPERSON  
101.  The Chair  turned to the last agenda item, namely "election of  the Chairperson".  
102.  He noted that t he rules of procedure provided that "[t]he election shall take place at the first 
meeting of the year and shall take effect at the end of the meeting", and that "[t]he Chairperson 
[…] shall hold office until the end of the  first meeting of the following year".  While agenda items 12 
and 13 remain ed open, the meeting was therefore not formally closed. Nevertheless, it would be  
appropriate that the new chair takes over the gavel and presides over  subsequent resumptions of 
the meeting under these items.  
103.  At its meeting on 23 -24 February 2022, the General Council had noted consensus on the 
Chairpersons for regular and negotiating W TO bodies. On the basis of the understanding reached by 
the General Council , he proposed that the Council for TRIPS elect H.E. Dr. Lansana GBERIE, 
Ambassador of Sierra Leone, as its chairperson  for the coming year.  
104.  The Council so agreed .  
105.  The representativ es of Sierra Leone ; Chad, on behalf of the LDC Group ; Bangladesh ; 
Switzerland ; the European Union ; and Tanzania , on behalf of the African Group ; took the floor.  
106.  The Chair  thanked delegations for their trust and cooperation during his term as TRIPS Council 
Chair during the  past year , and expressed his hope that they would also support the efforts of his 
successor in addressing the items on the Council's agenda. He wished delegations and the new Chair 
much success in th at endeavour.  
107.  The meeting  was adjourned , with items 1 2 and 13 remain ing open. 
108.  At the reconvened meeting on 1 June 2022 , the meeting was closed . 
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