[A2k] Latest EC proposal on Enforcement

[Sangeeta]

=A0
WORLD TRADE
ORGANIZATION

Below is the latest proposal that EC has submitted and which was discussed
at the TRIPS Council yesterday.

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IP/C/W/468

10 March 2006

(06-1084)

Council for Trade-Related Aspects of Intellectual Property Rights

Original:  English

ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

Communication from the European Communities

=09The following communication, dated 9 March 2006, is being circulated
at the request of the Delegation of the European Communities.
_______________

1.=09At the meeting of the Council for TRIPS of 14 and 15 June 2005, the
European Communities (hereinafter "the EC") circulated a Communication on
Enforcement of Intellectual Property Rights (IP/C/W/448), underlining the
worrying evolution of counterfeiting and piracy worldwide and asking the
point to be put on the agenda of this Council.  The present communication
follows up from the first discussions between WTO Members on the basis of
the June Communication.  It fulfils the EC's commitment to further elaborat=
e
on the questions to be addressed in the Council for TRIPS.

2.=09The increase in value and volume of IPR infringements in recent
years is a clear indicator that the level of execution and the results of
the implementation of the IPR enforcement measures prescribed by the TRIPS
Agreement can certainly be questioned and must be improved.

3.=09At a moment when the lack of enforcement of IPRs is being debated in
fora such as the G8, Interpol, the OECD, the WCO and WIPO, it would be hard
to conceive that the Council for TRIPS would not provide its contribution t=
o
improve the situation.

4.=09The EC reaffirms its conviction that the Council for TRIPS, which is
responsible for monitoring the compliance of 149 countries with the most
comprehensive multilateral set of rules in the field (Article 68 of the
TRIPS Agreement) should be in a position to assess how these rules are bein=
g
implemented by the competent national authorities.  For this purpose =96 an=
d
without prejudice to any questions as regards WTO Members' rights and
obligations under the TRIPS Agreement =96 the Council for TRIPS should fost=
er
a dialogue among WTO Members with a view to identifying solutions to such
implementation deficiencies.

5.=09Furthermore, WTO Members have in the past already provided a
valuable contribution to this debate in the form of their replies to the
Checklist of Issues on Enforcement (IP/C/5), an exercise launched by a
Decision of the Council for TRIPS of 21 November 1995.  It is the EC's view
that a summary of these contributions would constitute a useful element for
future discussions.  Therefore, the EC requests that the WTO Secretariat
provide for a synopsis of Members' contributions to the said Checklist of
Issues.

6.=09In addition, in order to achieve the first objective put forward in
the communication of the EC, i.e. "to understand where the main problems,
difficulties and shortcomings are by examining the implementation of TRIPS
provisions on enforcement in detail", the EC proposes that the discussion
should be structured and focused in the following manner:

7.=09Specific enforcement mechanisms described in the different Sections
of Part III of the TRIPS=A0Agreement should be discussed separately in deta=
il
in subsequent meetings of the Council for TRIPS.  The discussion should be
pursued along the following steps:

=95 The identification of difficulties to implement the relevant TRIPS
provisions (legal, technical, logistical, etc.).

=95 The examination of appropriate mechanisms to address the identified
difficulties (technical co-operation, co-operation from right holders, huma=
n
and financial resources, administrative obstacles, etc.).

=95 The search of a co-ordinated response at the TRIPS level through variou=
s
tools, including the promotion of best practices, etc.

8.=09In view of its relevance and effectiveness in the fight against the
transnational circulation of goods infringing IP rights, the EC proposes
that the first theme to be discussed at the next meeting of the Council for
TRIPS should be "border measures" (Articles 51 to 60 and 69 of the
TRIPS=A0Agreement).  Indeed, customs' prime role in stopping the internatio=
nal
movement of fake goods is shown by the fact that they are responsible for
approximately 70% of all seizures of counterfeits made globally.

9.=09The discussion could in particular focus on the following
provisions:

=95 Suspension of release by customs authorities:

=09-=09Scope of the IP rights protected;
=09-=09Scope of the customs situations covered (import, export and
transhipment).

=95 Operational performance/effectiveness.

=95 Accessibility to right holders.

=95 Exchange of information and cooperation between customs authorities.

10.=09The EC is ready to launch the discussion with a presentation on the
theme proposed at paragraph 9 at the next Council for TRIPS.

__________