INTELLECTUAL PROPERTY

Poorest countries given more time to apply intellectual property rules

Least-developed countries have been given an extension until 1 July 2013 to provide protection for trademarks, copyright, patents and other intellectual property under the WTO’s agreement, following a decision reached by member governments on 29 November 2005.

The decision by the WTO’s Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) extends the transition period for least-developed countries by seven and a half years, and includes commitments on technical assistance to help them prepare to apply the agreement. The transition period was due to expire on 1 January 2006, 11 years after the TRIPS

Agreement came into force.The decision does not affect the transition period for patents for pharmaceutical products, which was agreed in 2002; least-developed countries will not have to protect these patents until 2016.“This agreement, coming just before the Hong Kong Ministerial Conference, is good news,” WTO Director-General Pascal Lamy said. “Members have shown that they are ready to ensure that the world’s poorest countries have the flexibility that they need in order to meet their WTO obligations in a way that serves their development needs. This demonstrates what can be achieved in Hong Kong where development is a central issue.”The decision (see below) says least-developed countries will not have to provide the intellectual property protection covered by the TRIPS Agreement until 1 July 2013 unless they graduate from being least-developed. However — as is currently the case — if they voluntarily provide intellectual property protection, they have to observe TRIPS provisions on non-discrimination.In the discussions leading up to the decision, one of the questions raised was whether the extension should be given country by country. The final agreement gives the extension to all the least-developed countries as a group. It confirms these countries’ right to seek further extensions afterwards. At present, 32 WTO members are least-developed.The decision also reiterates developed countries’ commitment to provide technical and financial cooperation to help the least-developed countries implement the TRIPS Agreement and respond to needs that the least-developed countries have promised to identify, preferrably over the next two years.Where least-developed countries do voluntarily provide some kinds of intellectual property protection even though they are not required to do so under the TRIPS Agreement, they have promised not to reduce or withdraw the current protection that they give.The decision was agreed by consensus among all members, as is standard practice in the WTO.