The position to be taken on the Union’s behalf in the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (‘the TRIPS Council’), during its formal session on 8 and 9 June 2021, shall be as follows:
(a)
LDC Members are not to be required to apply the provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (‘the TRIPS Agreement’) other than Articles 3, 4 and 5, for a limited period of time not exceeding 10 years, or until such date on which they cease to be an LDC Member, whichever date is earlier;
(b)
should Members of the World Trade Organization support the extension of the transitional period under Article 66(1) of the TRIPS Agreement for a longer period or without a time limit, the Union is not to stand in the way of reaching a consensus;
(c)
LDC Members are to ensure that any changes in their laws, regulations and practice made during the additional transitional period do not result in a lesser degree of consistency with the provisions of the TRIPS Agreement. However, should Members of the World Trade Organization not support such an obligation of the LDC Members, the Union is not to stand in the way of reaching a consensus;
(d)
the LDC Members’ request for an additional period of 12 years exemption calculated from the date an LDC Member graduates from the LDC category is not to be supported as it falls outside the scope of Article 66(1) of the TRIPS Agreement.