Developed Countries Seek To Elevate Enforcement Measures In TRIPS Council

By Tove Iren S. Gerhardsen
The European Union has received support from Japan, Switzerland and the United States in its push to raise enforcement of intellectual property rights higher on the agenda of the World Trade Organization (WTO).

On the first day of the 25-26 October meeting of the council for the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the four WTO members tabled a joint communication, expected to be numbered IP/C/W/485. It appears to be aimed at improving implementation of the enforcement provisions of the 1994 TRIPS agreement, including by examining members’ implementation.

But the paper carries the implied threat that countries failing to provide “adequate” protection of intellectual property rights ultimately could be found not to be in compliance with TRIPS.

Joint Communication available here.

“The cosponsors acknowledge that members are free to determine the appropriate method of implementing enforcement provisions while ensuring effective IP enforcement,” it states. “However, ultimately, such implementation must ensure adequate achievement of the objectives of the TRIPS agreement.”

One source from the group said that the roughly one-page communication is “more a principal paper.”

The cosponsors of the communication “invite other members to engage in a constructive discussion of accompanying measures which could enhance the effectiveness of national implementing legislation and enforcement efforts, such as for example promoting interagency co-operation, fostering a higher public awareness, and reinforcing institutional frameworks.”

The communication also calls on the WTO secretariat “to prepare a synopsis of members’ contributions to the checklist of issues on enforcement that would serve as a basis for the above-mentioned discussion.” The WTO online document search shows a 1995 checklist of issues on enforcement for implementing governments, document IP/C/5 (http://docsonline.wto.org/, Simple Search, Document Symbol).

The cosponsors of the communication also make reference to countries receiving technical assistance from the WTO, saying they are ready to “stand by, in cooperation with recipients of technical assistance and with relevant international organisations, to better focus the technical assistance they provide in favour of developing countries in order to facilitate the implementation of enforcement provisions.”

The European Union has previously submitted two papers on enforcement to the TRIPS Council (IPW, WTO/TRIPS, 28 October 2005).

The communication emphasises the importance of effective IP enforcement for developing and developed countries with regards to innovation and investment.

It states that global counterfeiting and piracy can pose a threat to public health, commerce and jobs, and refers to the past Group of Eight meeting in July, where a statement on fighting counterfeit and piracy was agreed (IPW, Enforcement, 19 July 2006).

An official from the European Commission said that there would be representatives from the Internal Market and Services Directorate General present in the council on 26 October, when the enforcement issue is expected to be discussed.

China said it would most likely make an oral response on the counterfeiting issue when it comes up in the council.

Separately, Peru submitted a separate paper related to the discussion of the relationship of the Convention on Biological Diversity to TRIPS, but at press time this was only available in Spanish and a representative was said to hold a power-point presentation in the council in the afternoon session on 25 October, sources said.

Tove Iren S. Gerhardsen may be reached at tgerhardsen@ip-watch.ch.