./.WORLD TRADE
ORGANIZATIONIP/C/21
4 December 2000
(00-5218)
Council for Trade-Related Aspects
of Intellectual Property Rights
IMPLEMENTATION ISSUES REFERRED TO THE COUNCIL FOR TRIPS
Report by the Chairman of the Council on his own Responsibility
1. At its meeting of 18 October 2000, the Special Session of the General Council referred a
number of implementation issues to the Council for TRIPS for its consideration, with the request thatthe TRIPS Council should report to the General Coun cil on progress on these points to its Special
Session in December 2000.  The purpose of this report, which is being made on the responsibility of
the Chairman of the Council for TRIPS, is to respond to this request.
2. One area which was referred to the Council for TRIPS was the relationship between the
TRIPS Agreement and the Convention on Biological Diversity (CBD).  The TRIPS Council wasurged to continue its ongoing work with a view to clarifying this relationship.  In connection with this
request, the Chairman of the Council held informal consultations on 31 October 2000, which agreed
that sufficient time for informal consultations on this subject be reserved during the course of the
meeting of the Council for TRIPS held from 27-30 November.  These informal consultations took
place on the afternoon of 28 November.  Building on the work that the Council had previously doneon the relationship between the TRIPS Agreement and the CBD, Members had a detailed exchange of
views on this matter, which touched also on some other matters in connection with the Council's work
on the review of Article 27.3(b) of the TRIPS Agr eement.  New written submissions were presented
by the delegations of Brazil (IP/C/W/228), Japan (IP/C/W/236) and Singapor e (non-paper).  Various
views were expressed, ranging from those who believe that there is no evidence of incompatibility
and that the two instruments are mutually suppor tive, through those who consider that, while the
underlying relationship is one of synergy, there is need for care to ensure that this is realized in theactual implementation of the two agreements, to those who consider that there is a conflict and that
the two agreements need to be reconciled.  Some Members indicated that they were still studying in
their capitals the relationship between the two agreements and were not yet ready to take a position on
the matter.  The Council will continue its co nsideration of the relationship between the two
agreements at its next meeting.
3. The Council for TRIPS was urged at the 18 October 2000 Special Session of the General
Council to give positive consideration to granting observer status to the CBD secretariat on an ad hoc
basis pending the conclusion of the wider discussions on observer status for intergovernmental
organizations in the General Council.  The Council took up this matter in both formal and informal
session at its meetings in the week of 27 November but was unable to reach a consensus.
4. At the General Council's Special Session of 18 October 2000, the Council for TRIPS was
requested, with a view to facilitating 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.  Further the Council
was requested 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.  It was understood that, indoing so, the Council would give consideration to avoiding unnecessary burdens in notification
procedures.  The Council held informal consultations on this matter on 31 October and in the week ofIP/C/21
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27 November 2000.  At the informal consultations on 31 October, some representatives of least
developed countries indicated their intention to come forward with proposals for an illustrative list
and a systematic notification and monitoring procedure.  The Council has not yet received these
proposals.
5. At its Special Session of 18 October 2000, the General Council also urged the Council for
TRIPS to invite other intergovernmental organizations  to provide information on their activities aimed
at technology capacity building.  In this connection, the Council for TRIPS agreed at its meeting of
27-30 November 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 meeting in April 2001.
6. The Council stands ready to continue to keep the Special Sessions of the General Council
informed of further developments in its work  regarding the relationship between the TRIPS
Agreement and the CBD and regarding Article 66.2 of the TRIPS Agreement.
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