   
  
IP/C/85  
 
6 December  2019 
(19-8431) Page: 1/5 
   
 
 
ANNUAL REPORT (201 9) OF THE COUNCIL FOR  TRIPS  
1  GENERAL  
1.  Since the period covered by its 201 8 report1, the Council for TRIPS has held three formal 
meetings, on 13 February, 6 June and 17-18 October  2019. The minutes of these meetings are to 
be found in documents IP/C/M/ 91, IP/C/M/ 91/Corr.1  and IP/C/M/ 91/Add.1, IP/C/M/ 92 and 
IP/C/M/ 92/Add.1 and  IP/C/M/9 3 and IP/C/M/9 3/Add.1.2 
2.  The meeting in February was chaired by Ambassador Walter Werner (Germany), and the 
meetings in June and October by Ambassa dor Lundeg Purevsuren (Mongolia).  
3.  The meetings of the Council were open to all WTO Members, other governments with observer 
status in WTO bodies and certain international intergovernmental organizations granted observer 
status in the Council. The Cooperati on Council of the Arab States of the Gulf (GCC) , the African 
Regional Intellectual Property Organization (ARIPO), the African Intellectual Property Organization 
(OAPI), the Food and Agriculture Organization (FAO), the International Monetary Fund (IMF), the  
International Union for the Protection of New Varieties of Plants (UPOV), the  Organisation for 
Economic Co -operation and Development (OECD), the United  Nations (UN), the United Nations 
Conference on Trade and Development (UNCTAD), the World Bank  (WB), the  World  Customs 
Organization (WCO) and the World Intellectual Property Organization (WIPO) enjoy regular observer 
status in the TRIPS Council.  The World Health Organization (WHO) has ad  hoc observer status in the 
Council. At its meeting in March 2002, the C ouncil agreed to a  request from the Joint United Nations 
Programme on HIV/AIDS (UNAIDS) for observer status during the Council's discussions on the TRIPS 
Agreement and public health at that and future meetings. At its meeting in November 2012, the 
Council agreed to grant ad hoc  observer status on a meeting -by-meeting basis to the European Free 
Trade Association (EFTA). Pursuant to this  decision , EFTA was invited to attend each formal meeting 
on an ad hoc  basis. Decisions on requests for observer status from  14 other organizations 
are pending.3 
2  NOTIFICATIONS UNDER THE PROVISIONS OF TH E AGREEMENT  
4.  The Council took note of notifications of new or revised legislative measures made under 
Article  63.2 of the TRIPS  Agreement. At the Council's meetings, the delegatio ns of Australia, Brazil, 
Canada, Cuba, the European Union, Japan, Mexico, Mauritius, Norway,  Chinese  Taipei, and the 
United States provided further background to the notifications they had filed. To date, 13 7 Members 
have notified, pursuant to Article  63.2, all or part of their implementing legislation relating to all 
provisions of the Agreement. 11 2 Members have provided responses to  the Checklist of Issues on 
Enforcement. During the reporting period, a number of Members updated their earlier notifications 
of laws and regulations, and several of them provided explanations of the significance of this new 
and amended legislation. 14 4 Members have notified contact points pursuant to Article  69, for 
the purposes of cooperating with each other with a view to eliminating international trade in goods 
infringing intellectual property rights.  
5.  The Council was regularly updated on the Secretariat 's ongoing efforts to streamline 
arrangements for submitting and managing notifications , reports, and reviews , and for developing 
an online information service so as to improve the accessibility of this material.  In March 2019, the 
                                                
1 Document IP/C/81.  
2 Documents IP/C/M/93 and IP/C/M/93/Add.1 to be circulated.  
3 The organizations in question are listed in document IP/C/W/52/Rev.14. For more information, see 
also https://www.wto.org/english/tratop_e/trips_e/xtrips_e/igo_observ er_e.htm .  IP/C/85  
 
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  e-TRIPS Submission Syste m – an online tool for submitting TRIPS notifications, review materials 
and reports went online, and was subsequently used by an increasing number of Members. In June 
2019, a preliminary (beta) version of the e -TRIPS Gateway – an online tool that provides 
user-friendly access to TRIPS -related documents and data – was made available to Members for 
testing with a view to developing a fully operational version in 2020 in the light of feedback from 
Members. Following their initial launches, both the Submission System and Gateway were made 
available in all three of the WTO working languages: English, French, and Spanish.  
3  REVIEWS OF NATIONAL LAWS AND REGULATIONS  
6.  The Council began preparations for the review of the national implementing legislation of Samoa, 
and ag reed to commence the review after Samoa notifies pending revisions to its laws triggered by 
its recent accession to four WIPO treaties. The Chair also invited delegations to consider how to 
make best use of this agenda item, including by reverting to any m atter stemming from previous 
reviews and by proposing further reviews in the future.  
4  REVIEW OF THE PROVIS IONS OF ARTICLE 27.3 (B); RELATIONSHIP BE TWEEN 
THE TRIPS AGREEMENT AND THE CONVENTION O N BIOLOGICAL DIVERSI TY; AND 
PROTECTION OF TRADIT IONAL KNOWLEDGE A ND FOLKLORE  
7.  Following the practice in its past meetings that delegates address these three agenda items 
together, the Council continued to discuss them together on the basis of contributions by Members, 
including as regards the patentability of life forms and the introduction of a mandatory disclosure 
requirement in the TRIPS Agreement. This discussion also covered the earlier suggestion that the 
Secretariat of the Convention on Biological Diversity (CBD) be invited to brief the Council on the 
outcome of th e tenth meeting of the Conference of the Parties to the CBD held in Nagoya, Japan in 
October 2010, and on the suggestion that the WTO Secretariat be requested to update the three 
factual notes4 that summarized the points delegations had made in the Council 's past discussions on 
these three agenda items.  
8.  Mexico and Ukraine submitted their responses  the List of Questions on Article 27.3(b)5, the first 
such submissions of responses since 2003.  
5  NON-VIOLATION AND SI TUATION COMPLAINTS  
9.  As mandated by the Minister ial Decision taken at the eleventh Ministerial Conference in 
Buenos  Aires6, the Council continued to consider the application of non -violation and situation 
complaints under the TRIPS Agreement at each of its three formal meetings, including by reference 
to earlier communications .7 At its October meeting, the Council agreed to keep the agenda item 
open and to reconvene on short notice once further work was sufficiently mature with a view to 
agreeing on a recommendation to the twelfth Ministerial Conference.  By a communication dated 
28 November 2019, the Chair of the TRIPS Council informed delegations that in the absence of any 
request from delegations he would consider the agenda item closed on 5  December 2019.  
6  REVIEW OF IMPLEMENTA TION OF THE TRIPS AG REEMEN T UNDER ARTICLE  71 
10.  At the Council's meetings in February, June and October , the Chair recalled that the Council 
was required under Article  71 to review the Agreement, having regard to the experience gained in 
the implementation, and that it had not dischar ged this obligation. Delegations were encouraged to 
consider how to take forward this mandated review.  
7  REVIEW OF THE APPLIC ATION OF THE PROVISI ONS OF THE SECTION O N 
GEOGRAPHICAL INDICAT IONS UNDER ARTICLE 2 4.2 
11.  At the Council's meetings in February, June and  October , the Chair invited delegations that had 
not yet provided responses to the Checklist of Questions on the application of the TRIPS  Agreement 
                                                
4 See documents IP/C/W/368/Rev.1, IP/C/W/369/Rev.1 and IP/C/W/370/Rev.1.  
5 Circulated in document s IP/C/W/125/Add.25  and IP/C/W/125/Add.26 . 
6 See document WT/L/1033 . 
7 See documents IP/C/W/599, IP/C/W/385/Rev.1 , IP/C/W/385/Rev.1/Add.1  - IP/C/W/385/Rev.1/Add.3.  IP/C/85  
 
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  in the area of geographical indications8 to do so, and also called upon delegations that had already 
provide d responses to provide updates to the extent there had been any significant changes to the 
way they provided protection to geographical indications. At the Council's meeting in February , 
Montenegro presented its responses9, and Norway  presented its updated  responses10 to the Checklist 
of Questions.  
12.  In line with the Council's recommendation made in March 2010, Members were also encouraged 
to share information on bilateral agreements related to the protection of geographical indications 
into which they had entered.  
8  REVIEW OF THE SPECIA L COMPULSORY LICENSI NG SYSTEM  
13.  At the Council's meetings in February, June and October , the Chair updated delegations on the 
status of acceptances of the Protocol  Amending the TRIPS Agreement . 
14.  At the meetings in February, June and October , the Chair encouraged Members that were yet 
to notify their acceptance of the Protocol to ensure that necessary measures were being taken at 
the domestic level in order to proceed in a timely fashion. The Chair  also wrote to the 3 6 Members 
that were yet to accept the Protocol in order to encourage them to complete domestic procedures 
by the end of 201 9. At its meeting in October, the Council agreed to recommend extending the 
acceptance period until 31 December 2 021 and submitted a draft decision11 to the General Council 
for adoption at its December meeting.  
15.  At its meeting in October , the Council took up the annual review of the functioning 
of the System, pursuant to paragraph 7 of the amended TRIPS Agreement and p aragraph  8 of 
the Decision of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration on 
the TRIPS Agreement and Public Health respectively. The Council's report to the General Council on 
the operation of the System has been circulated as document IP/C/84. 
9  IMPLEMENTATION OF AR TICLE 66.2  
16.  At its meeting in February, the Council followed up its sixteenth  annual review of developed 
country Members' reports on their implementation of Article 66.2.  
17.  At the Council's meeting in June, developed c ountry Members were invited to submit updates 
to their most recent reports on actions they had taken or planned in pursuance of their commitments 
under Article  66.2 for consideration at the Council's meeting in October . 
18.  At its meeting in October , the Counc il took up its seventeenth annual review of developed 
country Members' reports on their implementation of Article 66.2. For this review, the Council 
reviewed the  updates to the  sixth set of new detailed reports presented by the following developed 
country Members: Australia, Canada, the European Union, Japan, Norway, Switzerland, and the 
United States .12 
10  TECHNICAL COOPERATIO N AND CAPACITY -BUILD ING 
19.  At its meeting in February, the Council followed up its annual review of technical cooperation 
held at its meeti ng in November  2018. 
20.  At its meeting in June, the Council invited developed country Members to supply information on 
their activities pursuant to Article 67 of the TRIPS Agreement prior to the annual review of technical 
cooperation at its meeting in October . Intergovernmental organizations that have observer status in 
the TRIPS Council were invited to provide information on their activities of relevance and, further, 
the WTO Secretariat was requested to report on its activities. In  preparation for the annual  review 
it held at its meeting in October , the Council received updated information from the following 
developed country Members: Australia, Canada, the European Union, Japan, Norway, Switzerland, 
                                                
8 Circulated in documents IP/C/13 and IP/C/13 /Add.1 . 
9 Circulated in document IP/C/ W/117/Add.36.  
10 Circulated in document IP/C/ W/117/Add.7/Rev.1.  
11 Circulated in document IP/C/83.  
12 Circulated as documents I P/C/W/656 and addenda.  IP/C/85  
 
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  and the United States .13 Updated information was also receiv ed from ARIPO, GCC, UNCTAD, WCO, 
WHO, and WIPO14, as well as from the WTO Secretariat .15 
11  INTELLECTUAL PROPERT Y AND INNOVATION: SU MMARY OF THE 2018 TH EME—THE 
SOCIETAL VALUE OF IP  IN THE NEW ECONOMY;  AND 2019 IP AND INN OVATION THEME: 
PUBLIC -PRIVATE COLLA BORATI ONS IN INNOVATION  
21.  At the request of Australia; Canada ; Chile; the European Union; Hong Kong, China; Japan; the 
Republic of Korea; Singapore; Switzerland; Chinese Taipei; and the  United  States the Council had 
on the agenda of its meeting in February an ite m on " Intellectual Property and Innovation: Summary 
of the 2018 Theme  – The Societal Value of IP in the New Economy; and 2019 I P and Innovation 
Theme: Public -Private Collaborations in Innovation ". It also had before it two communication s, one 
on "The Societal Value of IP in the New Economy"16, co-sponsored by Australia; Canada; Chile; the 
European Union; Hong Kong, China; Japan; the Republic of Korea; Singapore; Switzerland;  Chinese 
Taipei ; and the United  States , and the second on "Public -Private Collabo rations in Innovation"17, 
co-sponsored by Australia; Canada; Chile; the European Union; Hong Kong, China; Japan; 
the Republic of Korea; New Zealand; Singapore; Switzerland;  Chinese Taipei ; and the United  States . 
12  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST : PROMOTING PUBLIC HEA LTH 
THROUGH COMPETITION LAW AND POLICY  
22.  At the request of South Africa, the Council had on the agenda of its meeting in February an item 
on "Intellectual Property and the Public Interest: Promoting Public  Health  through Competition Law  
and Policy ". It had before it a communication from South Africa on this topic.18 
13  INTELLECTUAL PROPERT Y AND INNOVATION: PUBLIC -PRIVATE COLLA BORATIONS IN 
INNOVATION – INNOVATIVE APPROACH ES TO ASSISTING IN B RANDING AND 
PROMOTION AND THE CR EATIVE INDUSTRIES  
23.  At the request of Australia; Canada, Chile; the European  Union; Japan; the Republic of Korea; 
Singapore; Switzerland; Chinese Taipei; and the United States , the Counc il had on the agenda of its 
meeting in June an item on "Intellectual Property and Innovation: Public -Private Collaborations in 
Innovation Innovative Approaches to assisting in Branding and Promotion and the Creative 
Industries ". It had before it a communic ation by the co -sponsors on the same topic.19 
14  INTELLECTUAL PROPERT Y AND INNOVATION: PU BLIC -PRIVATE COLLABO RATIONS IN 
INNOVATION – IP COMM ERCIALIZATION  
24.  At the request of Australia; Canada; Chile; the European Union; Hong Kong, China; Japan; the 
Republic of K orea; Singapore; Switzerland; Chinese Taipei; and the United States, the Council had 
on the agenda of its meeting in October an item on "Intellectual Property and Innovation: Public -
Private Collaborations in Innovation – IP Commercialization". It had befor e it a communication by 
the co -sponsors on the same topic.20 
15  INTELLECTUAL PROPERT Y AND THE PUBLIC INT EREST:  R&D COSTS AND PRICI NG OF 
MEDICINES AND HEALTH  TECHNOLOGIES  
25.  At the request of South Africa, the Council had on the agenda of its meeting in October an  item 
on "Intellectual Property and the Public Interest: R&D Costs and Pricing of Medicines and Health 
Technologies". It had before it a communication by South Africa on the same topic.21 
                                                
13 Circulated as documents IP/C/W/655 and addenda.  
14 Circulated as documents IP/C/W/654 and addenda.  
15 Circulated as document IP/C/W/ 658. 
16 Circulated as document IP/C/W/6 50. 
17 Circulated as documents IP/C/W/6 52 and IP/C/W/6 52/Add.1.  
18 Circulated in document IP/C/W/6 51. 
19 See documents IP/C/W/6 53, IP/C/W/6 53/Add.1 and IP/C/W/6 53/Add.2.  
20 Circulated as documents IP/C/W/657 and IP/C/W/657/Add.1.  
21 Circulated as document IP/C/W/659.  IP/C/85  
 
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  16  AN INCLUSIVE APPROAC H TO TRANSPARENCY AN D NOTIFICATION REQUI REMENTS 
IN THE WTO  
26.  At its October meeting, at the request of the African Group, Cuba, India, and Oman, the Council 
had on its agenda an item entitled "An Inclusive Approach to Transparency and Notification 
Requirements in the WTO". It had before it a communication by the co -sponsors on the same topic , 
which had also been submitted to the General Council, the Council for Trade in Goods, the Council 
for Trade in Services, the Committee on Trade and Development, and the Committee on 
Agriculture .22 
17  INFORMATION ON RELEV ANT DEVELOPMENTS ELSEW HERE IN THE WTO  
27.  At the Council's meetings in February, June and October , the WTO Secretariat provided 
an overview of the wide range of trade -related measures and experiences in the field of intellectual 
property rights that had been raised by Members in recent WTO Trade Policy Reviews.  The Council 
was also informed about new acceptances of the Protocol amending the TRIPS Agreement at its 
meetings in February and June.   
28.  At the Council's meeting in February, the Chair informed Members that  the European Union ha d 
submitted a revised request for consultations with China regarding Certain Measures on the Transfer 
of Technology , on 20 December 2018. This  request has been circulated on 8  January 201 9.23 In 
June, the Chair informed Members that the European Union had requested consultations with Turkey 
regarding Certain Measures Concerning the Production, Importation and Marketing of 
Pharmaceutical Products .24 The Chair informed Members during the October meet ing that the 
Republic of Korea had requested consultations with Japan regarding Measures Related to the 
Exportation of Products and Technology to Korea .25 
18  OBSERVER STATUS FOR INTERNATIONAL INTERG OVERNMENTAL ORGANIZA TIONS  
29.  At each regular meeting, the Council continued its consideration of the pending requests 
for observer status from international intergovernmental organizations.  
19  OTHER BUSINESS  
30.  At its meeting s in June  and October , the Council considered how best to give ap propriate follow -
up to the Ministerial Decision to continue the work under the Work Programme on Electronic 
Commerce26, including a proposal to update an earlier Secretariat background on the topic that had 
been last revised in 2003.27 The Chair noted that t here had been no developments on this matter 
since June 2018. He informed Members that, if so requested, he would report accordingly to the 
General  Council during its review of the Work Programme.  
31.  At the meetings in June and October, Mexico drew attention to the draft revision of a standard 
for follow -up formula discussed at a CODEX Alimentarius meeting in May 2019 in relation to 
trademark rights.  
32.  Also at the meeting in June, the European Union informed the Council about its initiative to 
strengthen the ab ility of regular WTO bodies to effectively address and resolve concerns that 
Members have with trade -related measures of other Members.  
33.  Also at the June meeting, the LDC Group recalled its request28 regarding the meaning of 
"incentives to enterprises and in stitutions" in Article 66.2 and the contents of developed country 
Members' reports.  
__________  
                                                
22 Document JOB/IP/33/Rev.2 . 
23 Circulated with document symbols IP/D/39/Rev.1  and WT/DS/549/1/Rev.1.  
24 Circulated with document symbols IP/D/41  and WT/DS583/1.  
25 Circulated with document symbols IP/D/42 and WT/DS5901/1.  
26 See document WT/L/1032 . 
27 See document IP/C/W/128/Rev.1 . 
28 See document IP/C/W/640.  