Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2021/0098 (NLE)**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

**Brussels, 3 May 2021**
**(OR. en)**

**7810/21**

**WTO 103**

Subject: COUNCIL DECISION on the position to be taken on behalf of the
European Union in the Council for Trade-Related Aspects of Intellectual
Property Rights of the World Trade Organization

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**COUNCIL DECISION (EU) 2021/...**

**of ...**

**on the position to be taken on behalf of the European Union**

**in the Council for Trade-Related Aspects of Intellectual Property Rights**

**of the World Trade Organization**

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first

subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

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Whereas:

(1) The Agreement establishing the World Trade Organization, including the Agreements in

Annexes 1, 2 and 3 to that Agreement, ('the Marrakesh Agreement') was concluded by the

Union by Council Decision 94/800/EC **[1]** and entered into force on 1 January 1995.

(2) Pursuant to Article 66(1) of the Agreement on the Trade-Related Aspects of Intellectual

Property Rights ('the TRIPS Agreement'), included in Annex 1C to the Marrakesh

Agreement, the Council for Trade-Related Aspects of Intellectual Property Rights of the

World Trade Organization ('the TRIPS Council') is to, upon duly motivated request by a

least-developed country (LDC) Member, accord extensions of the transitional period

during which LDC Members are not required to apply the provisions of the TRIPS

Agreement, other than Articles 3, 4 and 5.

(3) The existing transitional period, as agreed in the Decision of the TRIPS Council of

11 June 2013, is due to expire on 1 July 2021.

(4) On 1 October 2020, Chad, on behalf of the LDC group, formally submitted a request for an

extension of the transitional period.

**1** Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of
the European Community, as regards matters within its competence, of the agreements
reached in the Uruguay Round multilateral negotiations (1986-1994) (OJ L 336, 23.12.1994,
p. 1).

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(5) The TRIPS Council, during its formal session on 8 and 9 June 2021, is to adopt a decision

regarding the request for an extension of the transitional period under Article 66(1) of the

TRIPS Agreement for LDC Members ('the TRIPS Council's Decision').

(6) It is appropriate to establish the position to be taken on the Union's behalf in the TRIPS

Council, as the TRIPS Council's Decision will be binding on the Union.

(7) LDC Members represent the most vulnerable segment of the international trade

community, facing economic, financial and administrative constraints. LDC Members need

to have policy space and flexibility to address their development challenges and further

time to implement the TRIPS Agreement.

(8) A certain level of intellectual property rights (IPR) protection and enforcement is

beneficial to LDC Members because IPRs are a catalyst for innovation and an important

tool for sustainable development. Some LDC Members have already taken steps towards

implementation of the TRIPS Agreement and need to be encouraged not to decrease the

existing level of IPR protection and enforcement.

(9) An extension of the transitional period without a time limit, as proposed by the LDC

group, would slow down the process of gradually integrating LDC Members, as members

of the multilateral trading system, in the international IP system on the basis of the

minimum requirements provided in the TRIPS Agreement.

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(10) Accordingly, it is appropriate to extend the transitional period for the implementation of

the TRIPS Agreement, other than Articles 3, 4 and 5, for LDC Members for a limited

period of time not exceeding 10 years.

(11) Should Members of the World Trade Organization support the extension of the transitional

period under Article 66(1) of the TRIPS Agreement for a longer period or without a time

limit, the Union should not stand in the way of reaching a consensus.

(12) The LDCs' request for an additional period of 12 years exemption calculated from the date

on which an LDC Member graduates from the LDC category appears to go beyond the

scope of Article 66(1) of the TRIPS Agreement as that Article only applies to the extension

of the transitional period for the implementation of certain provisions of the TRIPS

Agreement by LDC Members. Therefore, the request to grant an exemption for non-LDC

Members as part of a TRIPS Council's Decision under Article 66(1) of the TRIPS

Agreement should not be supported,

HAS ADOPTED THIS DECISION:

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_Article 1_

The position to be taken on the Union's behalf in the Council for Trade-Related Aspects of

Intellectual Property Rights of the World Trade Organization ('the TRIPS Council'), during its

formal session on 8 and 9 June 2021, shall be as follows:

(a) LDC Members are not to be required to apply the provisions of the Agreement on the

Trade-Related Aspects of Intellectual Property Rights ('the TRIPS Agreement') other than

Articles 3, 4 and 5, for a limited period of time not exceeding 10 years, or until such date

on which they cease to be an LDC Member, whichever date is earlier;

(b) should Members of the World Trade Organization support the extension of the transitional

period under Article 66(1) of the TRIPS Agreement for a longer period or without a time

limit, the Union is not to stand in the way of reaching a consensus;

(c) LDC Members are to ensure that any changes in their laws, regulations and practice made

during the additional transitional period do not result in a lesser degree of consistency with

the provisions of the TRIPS Agreement. However, should Members of the World Trade

Organization not support such an obligation of the LDC Members, the Union is not to

stand in the way of reaching a consensus;

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(d) the LDC Members' request for an additional period of 12 years exemption calculated from

the date an LDC Member graduates from the LDC category is not to be supported as it

falls outside the scope of Article 66(1) of the TRIPS Agreement.

_Article 2_

This Decision shall enter into force on the date of its adoption.

Done at ...,

_For the Council_

_The President_

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