AMENDMENT
OF THE TRIPS AGREEMENT – TENTH EXTENSION OF THE PERIOD FOR
THE ACCEPTANCE BY MEMBERS OF THE PROTOCOL AMENDING
THE TRIPS AGREEMENT
DECISION OF 16 DECEMBER 2025
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 13 December 2023 (the
"2023 Extension Decision")[2], extended the period for
acceptances of the Protocol by Members for the ninth time until 31 December
2025 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 took effect and entered into force on
23 January 2017 upon acceptance by two thirds of Members who had
accepted it on or before that date in accordance with the provisions of
paragraph 3 of Article X of the WTO Agreement;
Noting that the Protocol takes effect
for each other Member upon acceptance by it pursuant to paragraph 3 of Article
X of the WTO Agreement;
Noting also that a number of Members are
yet to accept the Protocol and that this is taking them 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/103);
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
2023 Extension Decision, shall be further extended until
31 December 2027 or such later date as may be decided by the
Ministerial Conference.
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