The Chair, Ambassador Sofía Boza of Chile, reported on her consultations on how to proceed with the forthcoming review of the implementation of the TRIPS Agreement and the responses received from delegations to her written questions. She highlighted the need for a member-driven, flexible approach. Delegations emphasized the need for clarity, predictability and compromise in the upcoming review process.
Some members stressed the importance of a thorough and structured review of the TRIPS Agreement, focusing on its implementation, scope and effectiveness, to ensure its continued relevance in the rapidly evolving global IP landscape. This review should involve assessing current provisions and addressing new challenges and technological advances affecting IP rights, they said.
Some delegations emphasized national experiences regarding implementation of the TRIPS Agreement, highlighting that these experiences should serve as a starting point of the review. They underscored the necessity for further discussions to achieve a common understanding of members’ expectations.
On the role of IP rights in preparing for future pandemics, members discussed IP measures in the context of the COVID-19 pandemic, highlighting the importance of being prepared for future health emergencies and ensuring equitable access to health products and technologies.
Members focused on lessons learned and challenges encountered during the COVID-19 pandemic, as requested by the Abu Dhabi Ministerial Declaration. Members discussed a submission by the United Kingdom on IP and technology transfer and a joint proposal from Bangladesh, Colombia, Egypt and India addressing TRIPS-related issues.
A new development discussed in the Council was the adoption on 24 May of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. This treaty incorporates, for the first time, provisions specifically for indigenous peoples and local communities. Key elements include a mandatory disclosure requirement for patent applicants whose inventions are based on genetic resources and associated traditional knowledge and the establishment of information systems, such as databases for research and patent examination.
WIPO reported that the Treaty is designed to be compatible with other international agreements and marks a significant advance in this area for WIPO and other international organizations in Geneva, showcasing innovation and an IP system that benefits all countries and communities. The Treaty has already received 35 signatures and will enter into force three months after 15 ratifications or accessions. The WIPO Secretariat conveyed its readiness to assist members with the ratification process and other related matters.
Members expressed support for the Treaty, recognizing its potential to foster innovation while emphasizing its role in promoting biodiversity conservation and protecting traditional knowledge. Some delegations stressed the importance of ongoing discussions within the TRIPS Council to ensure the Treaty’s provisions align with broader international trade and IP frameworks. Additionally, the Council discussed the need to raise IP awareness and foster international cooperation to combat counterfeiting and piracy.
The WTO Secretariat also updated members on TRIPS technical cooperation and capacity-building activities. These included a regional workshop on trade and public health in Morocco, a national workshop on the TRIPS Agreement in Nigeria, and the WIPO-WTO executive training programme on IP issues held in Geneva. Upcoming activities were announced, including a regional colloquium for African IP educators in South Africa in August 2024 and a global workshop on trade and public health in Geneva in September-October 2024.
Under the transparency mechanisms of the Agreement, the Council received several notifications of new and amended IP laws and regulations from members.
The next TRIPS Council meeting is scheduled for 6-7 November 2024.
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