RESTRICTEDWORLD TRADE
ORGANIZATIONWT/GC/W/225
2 July 1999
(99-2763)
General Council Original:  English
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Proposals Regarding the TRIPS Agreement in terms of Paragraph 9(a)(i)
of the Geneva Ministerial Declaration
Communication from India
The following communication, dated 2 July 1999, has been received from the Permanent
Mission of India.
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Issues
1. For developing countries, TRIPS was an area of new commitments and new obligations.  It is
true that obligations for developing countries under this Agreement are onerous.  In most cases they
have involved drastic change of legislations.  Problems have arisen in implementing commitments
undertaken under this Agreement.  The proposals below may be seen in this light.  Some are aimed at
making the TRIPS Agreement more compatible with Multilateral Environmental Agreements such as
the Convention on Biological Diversity.  Other proposals are to make the TRIPS Agreement more
balanced between the task of promoting intellectual property rights and promoting developmentalobjectives.
2. It may be noted that the TRIPS Agreement is not about harmonization of standards but about
minimum standards of intellectual property rights .  Similarly, TRIPS, unlike GATT and GATS is not
about regulating competitive relationships.  At any rate, comparisons between GATT and TRIPS
especially in the non-violation context, are not correct.
Proposals
3. In the light of the provisions contained in Article 23 and 24 of the TRIPS Agreement,
additional protection for geographical indications must be extended for products other than wines and
spirits.
4. It is widely agreed that the TRIPS Agreement is incompatible with the Convention on Bio-
Diversity.  There is first need therefore to incorporate a provision that patents inconsistent with
Article 15 of the CBD must not be granted.
5. Article 64, paragraph 2 must be modified so as to make it clear that subparagraphs (b) and (c)
of Article XXIII of GATT 1994 shall not apply to the TRIPS Agreement.
6. Articles 7 and 8 of the TRIPS Agreement to be operationalized by providing for transfer of
technology on fair and mutually advantageous terms.
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