Under Article 71.1 of the TRIPS Agreement, the TRIPS Board is required to review the implementation of the Agreement after two years and periodically thereafter. However, the first review in 1999 was not completed and no other reviews have been initiated since then. After members began considering resuming the review and following extensive consultation, Council President Ambassador Sofia Boza of Chile shared with members the first common elements regarding the format, methodology and schedule of the review.
It is her responsibility to comply with the Sections on Separate Intellectual Property Rights in Part II of this Agreement and at the same time take into account the provisions of Parts I, III and IV of this Agreement relating to Separate Intellectual Property Rights. , proposed a process based on the structure of this contract. review. After an initial trial period, members will evaluate the remaining review modalities and agree to any necessary changes before proceeding. Reviews primarily include opinions from members. Members provide information regarding their implementation of the sections reviewed, including their experiences, challenges, and best practices.
Reviews occur primarily in informal meetings, usually scheduled in succession to formal Board meetings. Further informal meetings and other meetings, such as thematic sessions involving external stakeholders, may be scheduled as appropriate.
Ambassador Boza noted that this process ensures a reasonable and manageable frequency of meetings, while facilitating the participation of capital city officials. The aim is for the review to be completed by an objective report adopted by the TRIPS Council.
Overall, delegations appreciated progress and noted that a more detailed and concrete picture of the proposed review process was emerging. However, they stressed that there are still many unanswered questions, particularly regarding the timeline and scope of the review, for which several textual proposals are still being considered by delegations and are indicated in capital letters. did.
Ambassador Boza welcomed the “serious efforts” made by member states and shared his impression that momentum continues toward an early start of the review. He underlined that his delegation has demonstrated a willingness to address outstanding questions and move forward. Members supported the Chair’s proposal to leave this agenda item open so that formal meetings could resume in the coming weeks if concrete results were achieved.
IP and innovation
The Board received a submission entitled “Intellectual Property and Innovation: Education on Intellectual Property” submitted by Friends of Intellectual Property and Innovation, including Australia, Canada, Chile, the European Union, Hong Kong, China, Israel, Japan, and the Republic of The paper was discussed. South Korea, Singapore, Chinese Taipei, and the United States.
This document, introduced by the European Union, invites members to discuss policies, programs, good practices and challenges for integrating intellectual property knowledge into different levels and types of education. These discussions should include, among other things, the level of education and how best to incorporate IP into the curriculum. Members will also be invited to discuss which research areas would benefit most from deeper IP knowledge, including business, engineering and the arts.
Members gathered on the floor to share information about successful IP education programs and initiatives, as well as available online tools, resources, and platforms. We also provided examples of how to effectively incorporate intellectual property (IP) education into the curriculum and the importance of focusing on the best design and implementation strategies.
Strengthening IP education through strong collaboration between public authorities, IP professionals, educators and other stakeholders and fostering partnerships that can improve the dissemination and impact of education was also part of the discussion. . Members agree that in order to promote an informed understanding of IP, it is essential that IP educational materials, resources and tools remain valid, up-to-date and based on relevant data. emphasized.
Pandemic response
Members agreed to the proposals under paragraph 24 of the Ministerial Declaration on the WTO’s response to the COVID-19 pandemic and preparedness for future pandemics, as reaffirmed in the Abu Dhabi Ministerial Declaration of 4 March 2024. I mentioned it again. Under this provision, the Board of Directors is required to: Continue or begin work to analyze the lessons learned and challenges experienced during the COVID-19 pandemic, including based on suggestions from members.
Members based on two proposals by the United Kingdom on “Intellectual Property, Voluntary Licensing and Technology Transfer” and “TRIPS for Development: Work on TRIPS-related Issues Post-MC13” by Bangladesh, Colombia, Egypt and India. The discussion continued. Discussions focused on the WTO’s role in pandemic preparedness and addressing intellectual property challenges.
Some delegations emphasized the need for a balance between intellectual property rights and public health, and called for solutions to intellectual property issues to ensure access to medical products during future pandemics. Other delegations emphasized the importance of updating intellectual property matters and supporting voluntary licensing and technology transfer, and also stressed the need for evidence-based discussions. The role of the WTO Secretariat in supporting intergovernmental negotiations was also discussed.
The Chair referred to the compilation “Coronavirus Disease: Measures on Trade-Related Intellectual Property Rights” available on the WTO website. This document contains a non-exhaustive list of IP-related measures taken in connection with COVID-19, compiled by the Secretariat from official sources and verified by relevant members. He encouraged all delegations to inform the Secretariat of updates and information regarding measures to be included in this list and the expiration (or discontinuance of application) of such measures.
Complaints regarding non-compliance and conditions
The Chair recalled the mandate agreed by Ministers at the 13th WTO Ministerial Conference (MC13) to be held in Abu Dhabi in February 2024 for Members to discuss TRIPS Non-Violations and Circumstances Complaints (NVSC). In their decision, the Ministers instructed the TRIPS Board to: Continue to consider the scope of the NVSC and the avenues for non-compliance and situational complaints and make recommendations to the 14th Ministerial Conference. (MC14) is scheduled to be held in Cameroon in early 2026. It also agreed that member states would not raise such complaints under the TRIPS Agreement in the meantime.
Ambassador Boza highlighted the new “grace period” given to the moratorium and called on member states to return to substantive discussions to find a permanent solution. He noted that his predecessors had made various proposals for how to have a substantive discussion on this topic, but regretted that so far none of these ideas had been taken up by Members. Ta.
Non-Violation and Circumstances Claim (NVSC) is a claim in a WTO dispute where a Member State believes that the actions of another Member State or certain circumstances have deprived it of the benefits expected under the TRIPS Agreement. This refers to whether disputes can be brought to the WTO and under what conditions. Even if no obligations under the contract have been breached.
Opinions have been divided among members as to whether such non-infringement lawsuits are possible for intellectual property. Some delegations believe that the NVSC is essential to maintain an appropriate balance of rights and obligations within the TRIPS Agreement, while ensuring that legitimate obligations are not avoided or evaded. Furthermore, due to legal instability and reduced flexibility, there is no room for non-infringement claims in the intellectual property field, and some support a complete ban in the TRIPS field.
Other issues
Member States took up the 22nd annual review of developed Member States’ reports on the implementation of Article 66.2 of the TRIPS Agreement, which obliges Member States to provide incentives for technology transfer to least developed countries (LDCs). Japan, Switzerland, New Zealand, Norway, the United States, the United Kingdom, Canada, Australia and the European Union submitted reports highlighting their individual programs and initiatives for the benefit of least developed countries.
The Chair informed delegates of the Secretariat’s intention to hold an Article 66.2 workshop in early 2025, consecutive to the first TRIPS Board meeting of the year. This will give the least developed countries enough time to absorb the information provided by developed countries and have an opportunity to discuss other proposals.
The Secretariat announced a summary of technical assistance programs implemented from October 2023 to September 2024. The report alerted members to an upcoming Trilateral Symposium entitled “Strengthening Manufacturing Capacity to Address the Burden of Noncommunicable Diseases.” The Secretariat also announced that the World Intellectual Property Organization (WIPO) and the WTO have launched a call for applications for the 20th edition. The WIPO-WTO Colloquium for Intellectual Property Law and Policy Teachers and Researchers will be held from February 3 to 14, 2025.
The Chair said that two Member States, Tunisia and Armenia, had deposited their instruments of acceptance of the Protocol amending the TRIPS Agreement. Additionally, Timor-Leste and Comoros have joined the WTO in recent months, making them bound by the revised TRIPS Agreement. This means that the amended TRIPS Agreement now applies to 141 member states.
Recalling that the current Protocol’s acceptance period is until 31 December 2025, the Chair encouraged the remaining 25 Member States to complete their national procedures and deposit their instruments of acceptance as soon as possible.
next meeting
The next meetings of the TRIPS Council are scheduled for March 20-21, 2025, June 26-27, 2025, and November 10-11, 2025.
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