Poorest countries given more time to apply IP rules
WTO seeks extension of mid-2013 deadline
World Trade Organisation (WTO) members are expected to ask the Trade-Related aspects of Intellectual Property Rights (TRIPS) council to consider extending the mid-2013 deadline for least developed countries to implement intellectual property (IP) protection under the WTO agreement. They are also expected to agree that their countries will continue to refrain from bringing ‘non-violation’ cases to the WTO dispute settlement system for another two years.
The least developed countries are seeking more time to identify their needs for assistance and to use this help to strengthen their ability to protect IP.
The least developed countries’ original 2005 deadline for protecting IP under the TRIPS Agreement was extended in that year until 1 July 2013.
The 2005 decision also required least developed countries to identify their priorities for technical assistance in IP protection, for developed countries to respond effectively, and for the WTO, World Intellectual Property Organisation (WIPO) and other agencies to strengthen their co-operation on technical assistance and other issues.
The deadline does not apply to pharmaceutical patents. The 2001 Doha Declaration on TRIPS and Public Health extended the period for least developed countries to comply with provisions on pharmaceuticals to 2016.
WTO agreements allow countries to bring cases against each other if one feels that another government’s action or a specific situation has deprived it of an expected benefit, even if no agreement has been violated.
However, opinions differ among WTO members on whether non-violation cases are feasible in IP. The TRIPS Agreement contains a temporary restraint on bringing non-violation complaints and the TRIPS Council has now agreed to propose that ministers agree to a further extension until the ninth Ministerial Conference in 2013.