Latest WTO Ministerial Draft Urges Discussions On IP Issues To Intensify, Adds Review Date

Hong Kong–The latest draft text from the World Trade Organization ministerial released today urges consultations on certain key intellectual property rights issues “to intensify” and adds a date for reviews of progress.

The text is an update of a draft issued at the ongoing WTO ministerial in Hong Kong during the afternoon of 17 December (IPW, WTO/TRIPS, 18 December). It was issued around 4pm Hong Kong time, during the last day of the ministerial which is set to end today, 18 December.

Two changes have been made to paragraph 39 of the draft (37 in the previous draft) under the heading “Implementation,” which covers “outstanding implementation issues” referred to in paragraph 12(b) of the Doha Ministerial Declaration from the WTO ministerial meeting in Doha, Qatar in 2001. This includes “issues related to the extension of the protection of geographical indications provided for in Article 23 of the TRIPS agreement to products other than wines and spirits and those related to the relationship between the TRIPS agreement and the Convention on Biological Diversity,” according to the draft.

In the previous draft the director general was requested “to continue with” his consultative process on all outstanding implementation issues under 12(b); in the new draft he is urged “to intensify” his consultative process.

Moreover, while the previous draft stated that, “The council shall review progress and take any appropriate action no later than […];” the new draft states that the deadline for this review will be 31 July 2006.

At a press meeting held on 18 December the Indian minister of commerce and industry, Kamal Nath, said that India welcomed the inclusion of new language, noting that discussions had previously been “open-ended,” but now “direction has been given.”

As for the other TRIPS issues there was no change in the revised draft, just altered paragraph numbers; TRIPS negotiations are now under paragraph 29 (27 in yesterday’s draft), Implementation is under paragraph 39 (37 before), TRIPS and public health is under paragraph 40 (38 before), Doha paragraph 19 is under paragraph 44 (42 before) and TRIPS and non-violation and situation complaints under paragraph 45 (43 before).

This is still not the final version and changes may yet be made before the final ministerial declaration will be published and the sixth WTO ministerial comes to an end.