. /.  WORLD TRADE  
ORGANIZATION  IP/C/40 
30 November 2005 
 
 (05-5671) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  
 
 
  
EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 
FOR LEAST-DEVELOPED COUNTRY MEMBERS 
 
Decision of the Council for TRIPS of 29 November 2005
 
    The Council for Trade-Related Aspects of Intellectual Property Rights (the "Council for 
TRIPS"), 
  Having regard  to paragraph 1 of Article 66 of th e TRIPS Agreement (the "Agreement"); 
 
Recalling that , unless extended, the transition period granted to least-developed country 
Members under Article 66.1 of the Agreement will expire on 1 January 2006; 
 
Having regard  to the request from least-developed country Members of the World Trade 
Organization (the "WTO"), dated 13 October 2005, fo r an extension of their transition period under 
Article 66.1 of the Agreement contained in document IP/C/W/457;  
Recognizing  the special needs and requirements of least-developed country Members, the 
economic, financial and administrative constraints th at they continue to face, and their need for 
flexibility to create a viable technological base; 
 Recognizing  the continuing needs of least-devel oped country Members for technical and 
financial cooperation so as to enable them to r ealize the cultural, social, technological and other 
developmental objectives of inte llectual property protection; 
 
 Decides  as follows: 
 
I 
 
Extension of the transition period un der Article 66.1 of the Agreement 
for least-developed country Members  
 
1. Least-developed country Members shall not be  required to apply the provisions of the 
Agreement, other than Articles 3, 4 and 5, until 1 July 2013, or until such a date on which they cease 
to be a least-developed country Me mber, whichever date is earlier. IP/C/40 
Page 2  
 
 II 
 
Enhanced technical cooperation for least-developed country Members 
 
2. With a view to facilitating targeted technical and financial cooperati on programmes, all the 
least-developed country Members will provide to the Council for TRIPS, preferably by 
1 January 2008, as much information as possible on their individual priority needs for technical and financial cooperation in order to assist them  taking steps necessary to implement the TRIPS 
Agreement. 
3. Developed country Members shall provide tec hnical and financial c ooperation in favour of 
least-developed country Members in accordance with  Article 67 of the Agreement in order to 
effectively address the needs identifie d in accordance with paragraph 2. 
4. In order to assist least-developed country Members to draw up the information to be 
presented in accordance with paragraph 2, and w ith a view to making technical assistance and 
capacity building as effective and operational as possible, the WTO shall seek to enhance its 
cooperation with the World Intellectual Property Orga nization and with other relevant international 
organizations. 
III 
General provisions 
5. Least-developed country Members will ensure th at any changes in their laws, regulations and 
practice made during the additional transitional peri od do not result in a lesser degree of consistency 
with the provisions of the TRIPS Agreement. 
6. This Decision is without prejudice to the Deci sion of the Council for TRIPS of 27 June 2002 
on "Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for Least-Developed Country Members for Certain Obliga tions with respect to Pharmaceutical Products" 
(IP/C/25), and to the right of least-developed coun try Members to seek further extensions of the 
period provided for in paragraph 1 of Article 66 of the Agreement. 
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