Info Service on WTO and Trade Issues (Nov11/04)
25 November 2011
Third World Network
LDC TRIPS extension and non-violation for MC8
Published in SUNS #7264 dated 21 November 2011
Geneva, 18 Nov (Kanaga Raja) - The TRIPS Council of the World Trade
Organisation (WTO) has agreed on two draft decisions to be adopted by
ministers at the upcoming eighth Ministerial Conference (MC8) in Geneva
According to trade officials, ministers will now be expected to ask
the Council to consider an extension of the current deadline of 1 July
2013 for LDCs to implement the TRIPS Agreement.
The LDCs had tabled a proposal on this issue on 15 November (see SUNS
#7261 dated 16 November 2011.)
Trade officials said that informal consultations among a small group
of countries led to a shorter draft decision for the Ministerial Conference.
The draft decision agreed at the 17 November Council meeting states:
"Ministers invite the TRIPS Council to give full consideration
to a duly motivated request from Least Developed Country Members for
an extension of their transition period under Article 66.1 of the TRIPS
Agreement, and report thereon to the WTO Ninth Ministerial Conference."
The other draft decision that was agreed to pertains to TRIPS non-violation
The draft decision on "TRIPS non-violation and situation complaints"
for the Ministerial Conference states: "We take note of the work
done by the Council for Trade-Related Aspects of Intellectual Property
Rights pursuant to our decision of 2 December 2009 on 'TRIPS Non-Violation
and Situation Complaints' (WT/L/783), and direct it to continue its
examination of the scope and modalities for complaints of the types
provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT
1994 and make recommendations to our next Session, which we have decided
to hold in 2013. It is agreed that, in the meantime, Members will not
initiate such complaints under the TRIPS Agreement."
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