INTELLECTUAL PROPERTY: INFORMATION
Members’ transparency toolkit
Members share information on their intellectual property laws, regulations and practices through notifications submitted to the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS). This page contains links to procedures for sharing information, and other aids for members’ transparency work on the subject.
See also:
What and how to notify
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Introduction to procedures for notifying and sharing information
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Intellectual property laws and regulations covered by the TRIPS Agreement, as required by Article 63.2.
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WIPO-WTO Common Portal, an alternative electronic means of notifying intellectual property laws and regulations
Details:
> On notification — TRIPS Council Decision, IP/C/2: download Word, pdf
> On format for listing “other laws and regulations” — TRIPS
Council Decision, IP/C/4: download Word, pdf
> Checklist of issues on enforcement, IP/C/5: download Word, pdf
> Procedure for notifying laws and regulations
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Contact points on intellectual property, as required by Article 69 on international cooperation
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Using specific provisions of the TRIPS Agreement
> Exceptions on beneficiaries eligible for protection and on national treatment (broadly, non-discrimination between
foreigners and a country’s nationals): Articles 1.3 and 3.1
> Procedure for notifying exceptions on beneficiaries and national treatment
> Exceptions to most-favoured-nation treatment (a country not
discriminating between rights holders from different trading partners,
when not applied — ie, “grandfathered” — because of an earlier
international agreement): Article 4(d)
> Procedure for notifying exceptions to most-favoured-nation treatment
> Notification of state emblems under Article 6ter of the Paris Convention: TRIPS Council Decision, IP/C/7:
> download Word, pdf
> Notifications under provisions of the Berne and Rome conventions that are incorporated by reference into the TRIPS Agreement. See document
IP/C/W/543 paragraphs 42–46:
> download Word, pdf
> Procedure for notifying under Berne and Rome convention provisions
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Intellectual property and public health: notifications are required under the 30 August 2003 and 6 December 2005 decisions on legal changes to make it easier for countries to import cheaper generics produced under compulsory licensing if they are unable to manufacture the medicines themselves.
> Notifications by exporting and importing countries
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What developed countries have to notify, as agreed by the TRIPS Council under Articles 66.2 (technology transfer) and 67 (technical cooperation):
> Reports on incentives to transfer technology to least-developed countries under Article 66.2. Notification requirement: TRIPS Council decision IP/C/28.
> Technical cooperation on TRIPS:-
Reports under Article 67
See also paragraphs 56–61 of Secretariat note IP/C/W/543: download Word, pdf, and technical cooperation in TRIPS
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What members have notified
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Reviews of members’ notified legislation
Members have to notify the TRIPS Council about their relevant laws and regulations. This helps the Council review the agreement’s operation
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WTO resources
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How well is this working?
Secretariat note on timeliness and completeness of notifications and other information flows: IP/C/W/543 -
Technical Cooperation Handbook on notification requirements: WT/TC/NOTIF/TRIPS/1; download Word, pdf
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Document codes: List of WTO document series codes for circulated TRIPS notifications
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Secretariat assistance for preparing notifications
Enquiries to: [email protected]
Please identify which delegation you belong to. We will not respond to anonymous emails.
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WIPO resources
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Laws online: WIPO’s Collection of Laws for Electronic Access (CLEA)
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State emblems: WIPO’s “6ter database”