amendment of the trips agreement
Proposal for a Decision on a fifth Extension of the
Period for the Acceptance
by Members of the Protocol Amending the TRIPS Agreement
At its meeting of 15-16 October
2015, the Council for TRIPS decided to submit to the General Council the
attached proposal for a decision on a fifth extension of the period for the
acceptance by Members of the Protocol Amending the TRIPS Agreement.
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amendment of the TRIPS agreement – fifth
extension of the period for the acceptance by Members of the protocol amending
the trips agreement
Draft Decision of [date]
The
General Council,
Conducting
the functions of the Ministerial Conference in the interval between
meetings pursuant to paragraph 2 of
Article IV of the Marrakesh Agreement establishing the World Trade
Organization (the "WTO Agreement");
Having regard to paragraph 2 of the Decision of the
General Council of 6 December 2005 on the Amendment of the
TRIPS Agreement (the "TRIPS Amendment Decision")
and paragraph 3 of the Protocol Amending the TRIPS Agreement
(the "Protocol")[1],
which provide that the Protocol shall be open for acceptance by Members until
1 December 2007 or such later date as may be decided by the Ministerial Conference;
Recalling that the General Council, by its decision of
26 November 2013 (the "2013 Extension Decision")[2],
extended the period for acceptances of the Protocol by Members for the fourth
time until 31 December 2015 or such later date as may be decided by
the Ministerial Conference;
Recalling also that, pursuant to paragraph 3 of the
TRIPS Amendment Decision and paragraph 4 of the Protocol, the
Protocol shall take effect and enter into force in accordance with the
provisions of paragraph 3 of Article X of the WTO Agreement;
Noting
that acceptance of the Protocol by two thirds of the Members in accordance with
paragraph 3 of Article X of the WTO Agreement is taking longer
than initially foreseen;
Having considered the proposal to further extend the period
for acceptances of the Protocol submitted by the Council for TRIPS (IP/C/70);
Decides as follows:
The period for acceptances by Members of
the Protocol Amending the TRIPS Agreement referred to in paragraph 2 of
the TRIPS Amendment Decision and paragraph 3 of the Protocol,
and extended by the 2013 Extension Decision, shall be further
extended until 31 December 2017 or such later date as may be
decided by the Ministerial Conference.
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