TRIPS:
NOTIFICATIONS Notifications
under the TRIPS Agreement
The
TRIPS Agreement obliges the WTO Members to make certain
notifications to the Council for TRIPS. These
notifications facilitate the Council's work of monitoring
the operation of the Agreement and promote the
transparency of Members' policies on intellectual
property protection. In addition, Members wishing to
avail themselves of certain possibilities provided in the
Agreement that relate to the substantive obligations have
to notify the Council. In order to implement these
notification obligations, the Council has adopted
procedures and guidelines relating to them. In addition,
the Members have agreed to make certain notifications
which are not regulated in the Agreement.
Information
on notifications relating to technical cooperation can be
found under Technical Cooperation in the TRIPS area.
Detailed
information on the notification procedures can be found
in the Technical Cooperation Handbook on Notification
Requirements: Agreement on Trade-Related Aspects of
Intellectual Property Rights.
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Article
63.2 of the TRIPS Agreement
requires Members to notify the laws and regulations made
effective pertaining to the subject-matter of the
Agreement (the availability, scope, acquisition,
enforcement and prevention of the abuse of intellectual
property rights). The procedures for the notification of
national laws and regulations under Article 63.2 are
contained in document IP/C/2. These procedures provide
that, as of the time that a Member is obliged to start
applying a provision of the TRIPS Agreement, the
corresponding laws and regulations shall be notified
without delay (normally within 30 days, except where
otherwise provided by the TRIPS Council).
The
procedures make a distinction between so-called
main dedicated intellectual property laws and
regulations and other laws and
regulations. Document IP/C/2, paragraphs 6 and 9,
and document IP/C/W/8 contain some guidelines for
dividing the laws and regulations into these two
categories. Main laws and regulations have to be notified
in English, French or Spanish; other laws and regulations
can be notified in a Member's national language even if
this is not one of those three languages. Translations of
laws and regulations must be accompanied by the authentic
texts of the laws and regulations in question in a
national language.
The
national treatment and MFN obligations of Articles
3, 4 and 5
of the TRIPS Agreement became applicable to all Members
from 1 January 1996, including those Members that avail
themselves of the transitional periods provided in Articles
65.2 and 66.1 of the Agreement.
The Council for TRIPS has recognized that Members have a
number of options for meeting their obligation to notify
those laws and regulations that correspond to the
national treatment and MFN obligations of
Articles 3, 4 and 5 of the Agreement. Further
information on these options can be found in document
IP/C/9.