./.WORLD TRADE
ORGANIZATIONIP/C/20
4 December 2000
(00-5217)
Council for Trade-Related Aspects
of Intellectual Property Rights
WORK PROGRAMME ON ELECTRONIC COMMERCE
Progress Report by the Chairman to the General Council
1. This note summarizes the work carried out by the TRIPS Council pursuant to the General
Council's decision of 17 July 2000 inviting the TRIPS Council and three other subsidiary bodies,
namely the Council for Trade in Goods, the Council for Trade in Services and the Committee on
Trade and Development, to pick up where they had left off in their work on e-commerce within their
respective spheres of competence, to identify cross-sectoral issues, and to report back to the GeneralCouncil at its regular meeting in December 2000.
2. The TRIPS Council submitted its first Progress Report to the General Council on
30 July 1999 (document IP/C/18).  This second Progress Report is provided by the Chairman on his
own responsibility.
3. The TRIPS Council continued its work on intellectual property issues arising in connection
with electronic commerce at its meetings of 21-22 September and 27-30 November 2000.  The
records of the discussions are contained in the minutes of the relevant meetings in documents
IP/C/M/28, paragraphs 201-211, and IP/C/M/29
1, respectively.  Communications by the European
Communities and their member States (IP/C/W/224) and Australia (IP/C/W/233) were presented to
the Council at its meeting in November.
4. On the invitation of the Council, a representa tive of WIPO provided information, at the
Council's meeting in September, on WIPO's ac tivities dealing with electronic commerce. He
highlighted the main areas of activity that WIPO had pursued since its previous presentation on its
work programme to the Council.  The member states of WIPO had adopted in September 1999 a
digital agenda, which deals, inter alia , with enhancing the participation of developing countries in the
discussion of the issues arising as a result of the impact of electronic commerce on the intellectual
property system;  work aimed at achieving compatibility between, on the one hand, the system of"real world identifiers", notably trademarks, and, on the other hand, the system of "virtual identifiers",
notably domain names;  the promotion of the adjustment of the international legislative framework to
deal with digital technology and electronic commerce;   and the coordination of horizontal issues that
affect intellectual property, in particular the question of jurisdiction.
5. In the discussions in the Council and the written contributions made to it, Members referred
to a number of issues relating to intellectual property and electronic commerce.  Some delegations
identified certain areas that in their view could be subject to information exchange, further study or
consideration.  Some of them are more specific to intellectual property, while others were
characterized as cross-sectoral issues.
                                                     
1 To be circulated.IP/C/20
Page 2
6. Issues suggested for further work that are more specific to intellectual property included
collection of information on the present situation in Members;  advantages and opportunities relating
to access to technology and the administration of IPRs;  the use of digital and telecommunications
technologies in the management of IPRs to extend the benefits of IPRs to right holders in developing
countries;  what kind of exploitation of IPRs on the Internet constitutes an infringement;  therelationship between the TRIPS Agreement and the WIPO Copyright Treaty and WIPO Performances
and Phonograms Treaty;  developments concerning trademarks and well-known trademarks, including
the work carried out by and under way in WIPO;  implications of the WIPO Internet Domain Name
Process in relation to trademarks, geographical indications and other distinctive signs;  use of patents
in the digital environment particularly in relation to software and business methods;  potential anti-
competitive uses of IPRs in the digital environment;  challenges to the enforcement of IPRs;  ways in
which digital technology can be used to enhance enfo rcement of IPRs at the border while at the same
time facilitating trade;  and international cooperation under Article 69 of the TRIPS Agreement in
respect of intellectual property infringeme nts occurring in the digital environment.
7. Issues put forward as cross-sectoral included the questions of jurisdiction;  applicable law;
electronic contracts;  enforcement;  and classification of intellectual property products.
8. Members did not seek to come to an agreement on the suggestions referred to in paragraphs 6
and 7 above or on how they should be characterized.  Some Members said that they needed more time
to study them before taking a position.  In regard to issues presented as cross-cutting, one view was
that they required early attention.  Another view was that attention should first be given to the core
issues related to intellectual property rights.  Different views were expressed about whether these
issues could be appropriately addressed by a General Council task force, but it was recognized thatthis was a matter for the General Council to decide.
9. The TRIPS Council continues to hold the view expressed in the Council's earlier Progress
Report (paragraph 12 of document IP/C/18) that the novelty and complexity of the intellectual
property issues arising in connection with electronic commerce are such that continued further study
is required by the international community to better understand the issues involved.  It was noted thata great deal of work in this connection is under way in WIPO.  In the light of its responsibilities in the
area of intellectual property, the Council is of th e view that the WTO should continue to consider
developments in this area, including the further work of WIPO.
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