RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/307/Rev.1
26 September 2001
(01-4588)
DRAFT ANNUAL REPORT (2001) OF THE COUNCIL FOR TRIPS
Revision
Please find attached an updated text for the annual report of the Council for TRIPS for 2001
which reflects also the work of the Council at its meeting of 19 and 20 September 2001.  Themodifications are indicated on the text.  If delegations have no comments by 1 October 2001 close-of-
business, it will be forwarded to the General Council.IP/C/W/307/Rev.1
Page 2
I. GENERAL
1. Since the period covered by its last report1, the Council for TRIPS has held three formal
meetings, on 2-5 April, 18-22 June and 19-20  September 2001.  The minutes of these meetings are to
be found in documents IP/C/M/30-33.2
2. The first meeting referred to above was chaired by Ambassador Chak Mun See (Singapore),
the second by Ambassador Boniface Chidyausiku (Zimbabwe) and the third by Ambassador
Alejandro Jara (Chile), standing in for Ambassador Chidyausiku.
3. The meetings of the Council were open to all WTO Members, other governments with
observer status in WTO bodies and certain international intergovernmental organizations granted
observer status in the Council.  Since February  1997, the Food and Agriculture Organization (FAO),
the International Monetary Fund (IMF), the International Union for the Protection of New Varieties ofPlants (UPOV), the Organisation for Economic  Co-operation and Development (OECD), the
United Nations (UN), the United Nations Confer ence on Trade and Development (UNCTAD), the
World Bank, the World Customs Organization (WCO) and the World Intellectual Property
Organization (WIPO) enjoy regular observer status in the TRIPS Council;  and in June 2000 the
World Health Organization (WHO) was granted ad hoc observer status by the Council, subject tocertain conditions.  The Council agreed to a request from the Joint United Nations Programme on
HIV/AIDS (UNAIDS) to be admitted as an observer for the discussion under the agenda item
concerning intellectual property and access to medicines at its meeting s in June and September 2001 .
Decisions on requests for observer status from 15 Organizations are pending.
3
II. NOTIFICATIONS AND NOTIFICATION PROCEDURES
(i) Article 63.24
4. The notification procedures, adopted by the Council at its meeting in November 1995, require
that, as of the time that a Member is obliged to start applying a provision of the TRIPS Agreement,
the corresponding laws and regulations shall be  notified without delay (IP/C/2).  To date, 95 Members
have made such notifications under Article 63.2 with respect to all or part of their implementinglegislation relating to all provisions of the Agreement.  Thirteen other Members have made
notifications relating specifically to the implementation of Articles 3, 4 and 5 of the Agreement.
5
Notifications concerning the implementation of Article 70.8 and, in some cases, Article 70.9 of theTRIPS Agreement have been received from 27 Members;  some of them indicate that product patent
protection for pharmaceutical and/or agricultural chemical products is already available in their
territories.
5. At its November 1995 meeting, the Council also agreed that Members would provide
responses to a checklist of issues on enforcement (IP/C/5).  To date, 76 Members have notified
responses.
                                                     
1 Document IP/C/22.
2 Document IP/C/M/33 to be circulated.
3 The Organizations in question are listed in document IP/C/W/52/Rev.9.
4 Circulation of notifications referred to in pa ragraph 4 below takes place in the IP/N/1/COUNTRY/-
series of documents.  Those referred to in paragraph 5 below have been circulated in the IP/N/6/COUNTRY/-series of documents.
5 A practical aid to assist delegations making the required notification is available in document IP/C/9.IP/C/W/307/Rev.1
Page 3
(ii) Articles 1.3 and 3.16
6. Articles 1.3 and 3.1 of the TRIPS Agreement, relating to the definition of beneficiary persons
under the Agreement and to national treatment, allow certain exceptions to the normal rules on these
matters, provided that notifications are made to  the Council for TRIPS.  Under these provisions,
29 Members have submitted such notifications.
(iii) Article 4(d)7
7. Article 4(d) of the TRIPS Agreement requires a Member seeking to justify an exception to the
MFN rule on the basis of an international agreemen t relating to the protection of intellectual property
which had entered into force prior to the entry into force of the WTO Agreement to notify that
agreement to the Council for TRIPS.8  To date, 49 notifications have been received under this
provision from 34 Members.
(iv) Article 699
8. Article 69 of the TRIPS Agreement requires Members to establish and notify contact points
for the purposes of cooperating with each other with a view to eliminating international trade in goods
infringing intellectual property rights.  Procedures for such notifications were agreed by the Council
in September 1995.  To date, 109 Members have notified contact points.
(v) Notifications under other provisions of the Agreement
9. A number of notification provisions of the Berne and the Rome Conventions are incorporated
by reference into the TRIPS Agreement but without being explicitly referred to in it.10  To date, three
Members have made notifications under the provisions of Article 14 bis(2)(c) of the Berne Convention
as applicable under the TRIPS Agreement and two Members have made notifications under
provisions of the Appendix to the Berne Convention so applicable.11
III. REVIEW OF NATIONAL LAWS AND REGULATIONS
10. On 1 January 2000, the transitional periods of Article 65.2 and 65.3 expired and obligations
entered into effect for a large number of Members who had been availing themselves of these general
transitional periods.  The Council scheduled its reviews of these Members' national implementing
legislation in 2000 and 2001.  It took up and completed the reviews of the legislation of 13 Membersin 2000.  The reviews of the legislation of eight Members, commenced in November 2000, were
continued in 2001 and, by the time of the Council's meeting in September 2001, six of these reviews
had been completed.  In April, the Council took up the reviews of a further 11 Members and
completed four of these reviews within the reporting period .  In June, the Council took up the reviews
of a further 22 Members.
12  The reviews of the remainder of these Members are scheduled to be taken
up at the Council's meeting in November 2001.
                                                     
6 Circulation of these notifications takes place in the IP/N/2/COUNTRY/- series of documents.
7 Circulation of these notifications takes place in the IP/N/4/COUNTRY/- series of documents.
8 An informal guideline to assist individual Members in making or reviewing their notifications under
Article 4(d) is available in the Annex to document IP/C/M/12.
9 These contact points are contained in document IP/N/3/Rev.4 and addenda.
10 Circulation of  these notifications takes place in the IP/N/5/COUNTRY/- series of documents.
11 For the calculation of the renewable ten-year period for which notifications under the Appendix
remain valid, reference is made to document IP/C/14.
12The records of the introductory statements made by delegations, the questions put to them and the
responses given, including follow-up questions and res ponses thereto, are circulated in, respectively, the
IP/Q/COUNTRY/- (copyright and related rights), IP/Q2/COUNTRY/- (trademarks, geographical indicationsIP/C/W/307/Rev.1
Page 4
IV. IMPLEMENTATION OF ARTICLE 70.8 AND 70.9
11. During the reporting period, the Council received four new notifications concerning this
matter and continued its consideration of the implementation of Article 70.8 and the related provisions
of Article 70.9.13
V. IMPLEMENTATION OF ARTICLE 66.2
12. The Council continued to discuss the implementation of this Article throughout the reporting
period, which requires developed country Members to provide incentives to enterprises and
institutions in their territories for the purpose of promoting and encouraging technology transfer to
least-developed country Members in order to enable them to create a sound and viable technological
base.  The matter has been under discussion in the Council since December 1998 and the Council has
received information from 20 developed country Members on how the provision is being
implemented in their territories.  Since June 2000, has also before it a Secretariat note prepared upon arequest from the Council, setting out the types of incentive measures that had been notified, with
cross-references to where further details could be found
14, as well as a proposal received from Zambia
relating to special and differential treatment in respect of technology transfer.15
13. In October 2000, the Special Session of the General Council on Implementation invited the
TRIPS Council, with a view to fa cilitating full implementation of Article 66.2, to give consideration
to drawing up an illustrative list of incentives of the sort envisaged by Article 66.2;  and to put on a
regular and systematic basis its procedure for the notification and monitoring of measures in
accordance with the provisions of Article 66.2 and, in doing so, to give consideration to avoiding
unnecessary burdens in notification procedures.  The TRIPS Council was also requested to give
consideration to inviting other intergovernmental organizations to provide information on theiractivities aimed at technology capacity-building (see under VI below).  The TRIPS Council discussed
the matter for the first time at its meeting in November/December 2000 and reported on these
discussions to the General Council on Implementation in December 2000.
16  At the TRIPS Council's
meeting in April 2001, least-developed country representatives indicated that they needed more time
to be able to crystallise their thinking and prepare a proposal for how the work on this matter shouldbe carried forward.  At its meeting in June 2001, the TRIPS Council had a further discussion on the
issue after having received a communication relevant to the matter from the delegation of Zambia.
17
At its meeting in September 2001, some deve loped country Members provided specific
information as to how incentives they made available had been used in practice.  At that
meeting, the Council also agreed to invite UNCTAD to update it on the work that was on-going
in that Organization relevant to the implementati on of Article 66.2, in particular as a result of
the UNCTAD Expert Meeting on International Arrangements for Transfer of Technology inJune 2001.
                                                                                                                                                                    
and industrial designs), IP/Q3/COUNTRY/- (patents, layout-designs of integrated circuits, undisclosed
information and the control of anti-competitive practices in contractual licences) and IP/Q4/COUNTRY/-(enforcement) series of documents.
13 As regards notifications relating to Article 70.8 and 70.9, reference is made to paragraph 4 above.
14 Document IP/C/W/169.
15 Documents IP/C/W/199 and 200.
16 Document IP/C/21.
17 Document IP/C/W/298.IP/C/W/307/Rev.1
Page 5
VI. INFORMATION ON TECHNOLOGY CAPACITY-BUILDING
14. The Council was requested by the Special Session of the General Council on Implementation
of 18 October 2000 to invite other intergovernmental organizations to provide information on their
activities aimed at technology capacity-building (see under V above).  In this connection, the Council
for TRIPS agreed at its meeting in November/Dec ember 2000 to invite the secretariats of UNCTAD,
WIPO, UNIDO, the World Bank and the CBD to provide written information on their activities on
technology capacity-building prior to the Council's m eeting in April 2001.  In the reporting period, the
TRIPS Council received such information from the CBD Secretariat, UNCTAD, UNIDO and WIPO18
and a communication from the delegation of Zambia relevant to this information19.  It discussed the
matter at its meeting s in June and September .
VII. RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO
15. During the period under review, the Council wa s informed of four actions relating to
proceedings in five cases initiated under the Dispute Settlement Understanding relevant to the TRIPS
Agreement, as reflected in documents IP/D /9/Add.1, IP/D/13/Add.1, IP/D /14/Add.1, IP/D/23/Add.1
and IP/D/24.  These documents concern three mutually agreed solutions and one new request for
consultations.
16. Proceedings in nine cases initiated under the Dispute Settlement Understanding relevant to
the TRIPS Agreement are ongoing, namely those concerning disputes IP /D/8, IP/D/12, IP/D/15
IP/D/18, IP/D/19, IP/D/20, IP /D/21, IP/D/22 and IP/D/24.
VIII.  TECHNICAL COOPERATION
17. The Council has continued its work in this area on the basis of the procedures agreed at its
meeting in February 1996 and delegations have continued to inform the Council of specific technicalcooperation activities made available to them or by them, or which had taken place in their territories.
The Council agreed that this year developed country Members would update the information on their
technical and financial cooperation activities pursuant to Article 67 of the Agreement in time for the
Council's meeting in September 2001.  As in previous years, intergovernmental organizations
observers to the TRIPS Council also presented, on the invitation of the Council, information on theiractivities, as well as the WTO Secretariat on its technical cooperation in the TRIPS area.  This
information can be found in documents IP/C/W/304, 305 and 306 as well as addenda to these
documents .
20
18. At its meeting in November 2000, the delegation of Hong Kong, China had presented a
non-paper outlining a proposal for "Technical Assistance on TRIPS Notifications between WTO
Members", which it had jointly submitted to the Council with a number of other Members.  The
discussion that followed had shown that there was no objection in the Council to this proposal for
assistance on a voluntary basis and that the sponsors should feel free to proceed.  Since then, a formal
submission on the matter was received from the delegations of Australia;  Bangladesh;  the European
Communities and their member States;  Hong Kong, China;  Norway;  and Zambia.21  As outlined in
this document, Members who are interested in o ffering assistance under the scheme are invited to
notify the TRIPS Council through the Secretariat as soon as possible with a designated contact point.
During the reporting period, five such notifications have been received and have been circulated under
                                                     
18 Documents IP/C/W/243 and addenda.
19 Document IP/C/W/298.
20 Contact points in developed country Members' administrations which can be addressed by
developing countries seeking technical cooperation on TRIPS are contained in document IP/N/7/Rev.2 andaddenda.
21 Document IP/C/W/241.IP/C/W/307/Rev.1
Page 6
the IP/N/7- series of documents.  The current list of Members offering assistance under the scheme is
available in document IP/C/W/256/Rev.1.  Updates of  the list will be issued whenever other donor
Members join the scheme.
19. At its meeting in June, the Council was informed  that, at a ceremony with representatives of
least-developed countries at the headquarters of WIPO held on 14 June 2001, the respectiveDirectors-General of WTO and WIPO had launched a new joint initiative to provide technical
assistance to least-developed countries (LDCs).  This joint initiative is aimed at helping LDC
Members to comply with their obligations under the TR IPS Agreement.  It is also open to other LDCs
and was aimed at helping LDCs make best use of the intellectual property system for their economic,
social and cultural development.  The new joint initiative is being taken under the auspices of the
WIPO-WTO Cooperation Agreement which entered into force on 1 January 1996, which provides for
cooperation, inter alia , in the provision of technical assistance.  It builds on existing cooperation
between WIPO and the WTO and their respective technical cooperation programmes, and on their
experience from the joint initiative on technical cooperation launched in July 1998 to assist
developing country Members to meet their commitments under the TRIPS Agreement by 2000.
Under the joint initiative in favour of LDCs, the two Organizations, together with countries requesting
assistance and, where appropriate, donor countries, will endeavour to maximize the use of available
resources in the coming critical period by ensuring that technical cooperation programmes are
efficiently planned and coordinated.  The joint initiative envisages assistance in two phases:  in the
first phase, the two Organizations would organize two regional workshops during the course of 2002:
one for the LDCs in sub-Saharan Africa and Haiti and the other for LDCs in the Asia-Pacific region.
The objective of these workshops will be to ensure that officials from these countries are fullyfamiliar with the basic concepts, principles and obligations laid down in the TRIPS Agreement, in
particular with a view to facilitating implementation and identifying critical implementation
challenges.  Invitations to these workshops will be extended also to LDCs that are not WTO Members
nor WIPO member states.  These workshops, together with bilateral contacts, will, in a second phase,
help in drawing up a list of priority forms of as sistance that would be provided under the joint
initiative in the form of specific country action plans.  Requests for technical cooperation under the
joint initiative can be sent by LDCs to either the WTO or WIPO.
IX. IMPLEMENTATION OF ARTICLE 23.4
20. The Council continued, throughout the period under review, its discussions on issues relevant
to the negotiations specified in Article 23.4 of the Agreement concerning the establishment of a
multilateral system of notification and registration of geographical indications for wines, and on
issues relevant to a notification and registration system for spirits, in accordance with paragraph 34 ofthe Council’s report (1996)
22, and the agreement reached in the General Council at its meeting of
7 and 8 February 2000.  In addition to the documentation on the basis of which these discussions are
taking place, as summarized in paragraph 23 of the Council's annual report (2000), the Council
received three new communications, i.e., in April, one from Hungary23 and, in June, two from the
European Communities24 including a comparative table juxtaposing the proposals that are before the
Council concerning the notification and registration system for geographical indications to be
negotiated under Article 23.4.
                                                     
22 Document IP/C/8.
23 Document IP/C/W/255.
24 Documents IP/C/W/259 and 260.IP/C/W/307/Rev.1
Page 7
X. IMPLEMENTATION OF ARTICLE 24.1
21. This matter has been under discussion in the Council since September 2000, following a
request by Switzerland and the submission of a paper a number of delegations25, outlining the views
of these delegations on the implementation of Article 24.1, in particular in regard to the extension of
additional protection for geographical indications to products other than wines and spirits, and makingreference to paragraph 26 of the Council's report (1996)
26.  During the reporting period, the Council
received three new documents, i.e., first, a proposal with regard to the issue of, specifically, the
extension of additional protection for geographical indications to products other than wines and
spirits, which is sponsored by the delegations Bulgaria, Cuba, the Czech Republic, Egypt, Iceland,
India, Jamaica, Kenya, Liechtenstein, Mauritius, Nigeria, Pakistan, Slovenia, Sri Lanka, Switzerland,
Turkey and Venezuela27;  second,  in reaction to that proposal, a paper jointly submitted by the
delegations of Argentina, Australia, Canada, Chile, Guatemala, New Zealand, Paraguay and theUnited States, outlining opposing views with regard to  the mandate and need for an extension of the
scope of Article 23.1
28;  and third, a response to this paper from the delegations of Bulgaria,
Cuba, the Czech Republic, Georgia, Hungary, Iceland, India, Kenya, the Kyrgyz Republic,
Liechtenstein, Moldova, Nigeria, Pakistan, Sl ovenia, Sri Lanka, Switzerland and Turkey29.
XI. REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2
22. As regards its review of the application of the Agreement's provisions on geographical
indications under Article 24.2, following the circulation by the Secretariat, in September 2000, of a
preliminary version of the paper that the Council had requested it to prepare summarizing, on the
basis of an agreed outline, the responses to the Checklist of Questions adopted in 199830, the
Secretariat received additional information from nine of the 35 Members whose answers had formed
the basis of the Secretariat's preliminary version of the summary paper while two additional Members
submitted their responses to the Checklist.  On the basis of the information thus received from these
37 Members, the Secretariat prepared the final version of its summary paper, which was circulated, in
April, as document IP/C/W/253.  Subsequently, the Council received responses to the Checklist fromone other Member.
23. In November 2000, the Council initiated a review of the experience and practice with the
application of the provisions in the TRIPS Agreement on geographical indications, with the aid of the
main section headings of the Secretariat's summar y paper (document IP/C/W/253) as suggested by the
Chairperson.  Exchanges on this subject took place at each meeting of the Council during the
reporting period.
XII. REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b)
24. During the reporting period, the Council received six new contributions, namely from
Australia,  the European Communities and their member States, Norway, Peru, Switzerland and the
United States
31, in addition to the documents the Council already had before it from Brazil, India,
Japan, Mauritius (on behalf of the African Group), Singapore and the United States32.  Members
continued their discussion on both a number of substantive issues and a number of proceduralquestions relating to how the Council should handle  its further work on this matter.  The Council also
                                                     
25 Document IP/C/W/204/Rev.1.
26 Document IP/C/8.
27 Document IP/C/W/247/Rev.1.
28 Document IP/C/W/289.
29 Document IP/C/W/308.
30 Documents IP/C/13 and Add.1.
31 Documents IP/C/W/310, 254, 293, 246, 284 and 257, respectively.
32 Documents IP/C/W/164, 161, 236 and 206, JOB(00)/7853 and IP/C/W/209, respectively.IP/C/W/307/Rev.1
Page 8
had a discussion about the extent to which all the issues that had been raised under Article 27.3(b)
should be pursued in that context or whether some might more suitably form part of the items to be
taken up in the context of the review of the implementation of the TRIPS Agreement under
Article 71.1.  The Council requested the Secretariat to re-issue the illustrative list of questions that it
had circulated in December 1998 upon a request from the Council.  The Secretariat did so indocument IP/C/W/273, which also contains the synoptic tables that had been prepared in May 1999
reflecting the responses to the questionnaire received by that time.  Members who had not yet done so
were invited by the Council to provide responses, in particular developing countries.  Additional
responses to this questionnaire have since been received from three  Member s.
XIII.  REVIEW OF THE IMPLEMENTATION OF THE AGREEMENT UNDER
ARTICLE 71.1
25. This Article requires the Council for TRIPS to review the implementation of the Agreement
after the end of the five-year transition period provided for in Article 65.2.  During the period under
review, the Council continued its discussions concer ning how it should approach this general review
of the implementation of the Agreement.  It re ceived one new paper on the matter, namely from
Zambia
33, in addition to the documents it had already before it from Cuba, Honduras, Paraguay and
Venezuela, jointly, as well as from Australia and India.34
XIV. NON-VIOLATION AND SITUATION COMPLAINTS
26. During the period under review, the Council continued its discussions on this matter and
received two new submissions, namely from Canada and Hungary35, in addition to the documents it
had already received before from Canada, the Czech Republic, the European Communities and their
member States, Hungary and Turkey, jointly, as well as from Australia, Korea and the United States.36
In June, the Council had before it a note from the Chairperson suggesting, on the basis of informal
consultations conducted by his predecessor, some headings that could be used as a way of organizing
the further discussion on this matter (JOB(01)/70).
XV. ELECTRONIC COMMERCE
27. The Council continued its discussions on this matter throughout the reporting period,
following the invitation from the General Council,  in July 2000, to the TRIPS Council and three other
subsidiary bodies, namely the Council for Trade in Goods, the Council for Trade in Services and the
Committee on Trade and Development, to pick up where they had left off in their work on e-
commerce within their respective spheres of compet ence, to identify cross-sectoral issues, and to
report back to the General Council at its regular meeting in December 2000.37  The Council addressed
the matter at its meetings in September and November 2000 and submitted a second Progress Report
to the General Council in December 2000.38  In the reporting period, the Council discussed, at its
meeting in April, the communications it had rece ived from Australia and the European Communities
on the matter39.  At the Council's meeting in June, the Ch airperson recalled that the General Council,
when it had discussed the issue of electronic commerce on 8-9 May 2001, had invited the various
subsidiary bodies concerned, including the Council for TRIPS, to continue their work and report back
to the General Council.40  Given that a dedicated discussion on electronic commerce had been held on
                                                     
33 Document IP/C/W/298.
34 Documents IP/C/W/166, 210 and 214, respectively.
35 Documents IP/C/W/249 and JOB(01)/43, respectively.
36 Documents IP/C/W/191, 194 and 212 as well as JOB(00)/6166.
37 Paragraphs 94 and 131 of document WT/GC/M/57.
38 Document IP/C/20.
39 Documents IP/C/W/233 and 224, respectively.
40 WT/GC/M/65.IP/C/W/307/Rev.1
Page 9
15 June 200141 under the auspices of the General Council, for the purpose of examining cross-cutting
issues related to electronic commerce identified by delegations, he suggested that the TRIPS Council
focus more on the TRIPS-specific issues.  New communications on electronic commerce were
received from Cuba and Switzerland.42  In September, following some discussion on a suggestion
from Switzerland for a Secretariat study, the Council requested the Secretariat to explore, prior
to the Council's meeting in November 2001 and in consultation with interested delegations, the
scope and content of a study it could undertake.   The Council will revert to the matter at that
meeting.
XVI. INTELLECTUAL PROPERTY AND ACCESS TO MEDICINES
28. Following a request from Zimbabwe on behalf of the African Group, the Council agreed to
devote a full day's special discussion at its meeting in June to intellectual property issues relevant to
access to medicines.  While leaving Members free to address any aspect that they considered relevant
to this agenda item, the Council identified two specific sub-items as topics on which Members would
exchange their views.  One was the was the interpretation and application of the relevant provisions of
the TRIPS Agreement with a view to clarifying th e flexibility to which Members were entitled under
that Agreement;  and the other was the relationship between the TRIPS Agreement and affordable
access to medicines.  In addition to those intergovernmental organizations granted observer status inthe Council, the Council agreed to a request from UNAIDS to be present for this discussion.
43  I t
received two papers on the matter, one from the European Communities and their member States and
another from the Africa Group, Barbados, Bolivia, Brazil, Cuba, the Dominican Republic, Ecuador,
Honduras, India, Indonesia, Jamaica, Pakistan, Para guay, the Philippines, Peru, Sri Lanka, Thailand
and Venezuela.44  The Council had also before it an information paper prepared by the Secretariat
upon a request from the Council.45  As agreed by the Council, the Secretariat gave priority to the
preparation and circulation of the minutes of this special discussion.46  The Council requested the
WTO Secretariat to compile a checklist of all the TRIPS provisions mentioned in the discussion and
the issues identified in connection with them, so as to allow the Council to discuss the matter in a
more structured and systematic way, in preparation for its further discussion of the matter at itsmeeting in September.
47  Following a full day's informal meeting of the Council on 25 July 2001, the
Chairperson concluded that there was general agreement that the Council needed to have a more
focused and prioritized approach to its work at th e one-day special discussion that it had scheduled in
September and that this focus should be on the objectives and principles as enshrined in Articles 7 and
8, the provisions relating to compulsory licensing and the provisions relating to parallel imports.48  At
the meeting in September, the Council discussed these issues and also two papers received
during the meeting outlining drafts of language on the issue of intellectual property and access
to medicines to be adopted by the Ministerial Conference, i.e. one submitted by the African
Group, Bangladesh, Bolivia, Brazil, Cuba, the Dominican Republic, Ecuador, Haiti, Honduras,
India, Indonesia, Jamaica, Pakistan, Paraguay, the Philippines, Peru, Sri Lanka, Thailand and
Venezuela;  and the other by Australia, Cana da, Japan, Switzerland and the United States.
__________
                                                     
41 A summary by the Secretariat of issues raised in  that discussion has been circulated in document
WT/GC/W/436.
42  Documents IP/C/W/264 and IP/C/W/286, respectively.
43 See paragraph 3 above.
44 Documents IP/C/W/280 and 296, respectively.
45 Document JOB(01)/82.
46 The minutes concerning the special discussion we re circulated separately in document IP/C/M/31.
47 Document JOB(01)/113.
48 Document JOB(01)/119.