Members review notifications, pandemic preparedness, biodiversity and IP office cooperation

Notifications, updates and review of members' legislation

Under the review of its national implementing legislation, Samoa provided responses to members' questions on its laws relating to geographical indications and IP enforcement. Members thanked Samoa for its timely answers and the Chair indicated that Vanuatu will be the next member to have its implementing legislation reviewed.

The Council also received a number of notifications of laws and regulations under Article 63.2 of the TRIPS Agreement. Several members provided brief introductions to their notifications. One member drew attention to the WTO Secretariat's Sixth Annual Transparency Report on notifications and other information flows (IP/C/W/732) that was circulated at the previous meeting. The report notes that 18% of developed members and 39% of developing members have not submitted any Article 63.2 notifications since 2010.

IP, COVID-19 and pandemic preparedness

The Council noted that no communication under paragraph 5 of the MC12 TRIPS Decision has been received to date. The MC12 decision clarified the right of members to override patents in certain circumstances and provided greater scope to export COVID-19 vaccines. Paragraph 5 refers to the notification of any measures related to the implementation of the decision.

A number of members argued that future pandemic responses would benefit from a more systematic approach, building on lessons learned during COVID-19. Some members noted that the MC12 TRIPS Decision, while an important multilateral effort, was limited in scope and adopted late. They suggested that it could inform a more predictable instrument for future health emergencies.

Other members emphasized the role of robust IP protection in enabling the rapid development of vaccines and treatments and pointed to factors beyond IP, such as regulatory and supply chain issues, that affected access. Members saw value in examining practical examples of voluntary licensing, partnerships and other cooperative mechanisms.

TRIPS and biodiversity

Members continued their exchanges on the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), the protection of traditional knowledge and folklore, and the review of Article 27.3(b), which deals with patentability of plant and animal inventions, and the protection of plant varieties.

Several delegations referred to the 2024 World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GR/TK), which establishes a mandatory patent disclosure requirement, as a recent and relevant development. Views continued to differ on whether, and how, this development should inform work in the TRIPS Council, including on possible disclosure requirements.

Some members supported continued engagement on the TRIPS-CBD relationship and broader triplets issues within the Council and considered that the WIPO Treaty complements, rather than replaces, this work. While some members suggested structuring future discussions through briefings and factual updates, others cautioned against duplicating work undertaken in WIPO.

Bangladesh, Brazil, Colombia and India briefed the Council on a side event held on 21 July entitled "Genetic Resources and Associated Traditional Knowledge - Contribution to the IP System". Members noted that the event provided an opportunity to discuss the history of the issue in the TRIPS Council, developments at WIPO, and national experiences. Several delegations welcomed continued dialogue in the TRIPS context, while others considered that discussion would be more appropriate within the relevant WIPO bodies.

Discussions on technology transfer, patents and innovation

The Council took note of communications related to the non-binding, voluntary illustrative list of incentives for TRIPS Article 66.2 reporting (IP/C/W/738) and the follow-up questions on Art. 66.2 reports (IP/C/W/737 and Addenda). Article 66.2 requires developed countries to provide incentives for their businesses and institutions to promote technology transfer to least-developed countries (LDCs). The WTO Secretariat also updated members on TRIPS-related technical assistance activities undertaken between April and July and informed the Council that the report of the 2026 Workshop on the Implementation of Article 66.2 (IP/C/W/739) had been circulated.

Members highlighted the importance of aligning Article 66.2 support with LDC-identified priorities, with several interventions emphasizing concrete and measurable incentives for technology transfer and sustained dialogue between developed members and LDCs. One member, in the context of ongoing IP reforms, noted the need to broaden the scope of TRIPS technical assistance to cover legislative drafting, geographical indications, traditional knowledge, IP commercialization, and other cross-cutting IP issues. Under the annual review of technical cooperation required by TRIPS Article 67, members agreed to submit information on their technical cooperation activities by 23 September 2026.

The communication on "Intellectual Property and Innovation: Intellectual Property Office and International Cooperation" (IP/C/W/740), submitted by a group of members, generated contributions from over 20 developed, developing and least-developed members. Sharing experiences on cooperation among IP offices, members highlighted practical initiatives undertaken through bilateral, regional and multilateral mechanisms. They emphasized cooperation as a tool for improving efficiency, user accessibility and service delivery. They also noted common challenges such as resource constraints, differences in institutional structures and legal frameworks, and interoperability issues related to digital infrastructure. Several members underscored the importance of needs- and demand-driven programmes, sustained in-person exchanges, attention to digital capacity gaps, and the growing role of cooperation between developing economies.

Members also discussed a submission by Colombia entitled "Autonomous examination of TRIPS prerogatives, and existing examples" (IP/C/W/742). The submission invited members to consider thematic discussions on alternative innovation reward mechanisms, with a proposal to assess the impact of IP exclusivity as separate from a right to remuneration, and to discuss their effects across industries and regions. Some members expressed interest in continued dialogue on this topic, while others questioned the premise of the submission and emphasized the adequacy of the existing IP framework.

Other issues

Members did not agree on advancing any of the 14 pending requests from international intergovernmental organizations for observer status in the Council. The Secretariat provided an update on observer attendance at the current meeting and members exchanged views on the status and participation of observers.

The Council agreed on arrangements for the Annual Review of the TRIPS Special Compulsory Licensing mechanism related to patented pharmaceutical products, the Annual Review of Information on Technical Assistance provided by developed members and international organizations, and the preparation of the Council's Annual Report for the next meeting of the Council.

The next regular meeting of the Council for TRIPS is scheduled for 12-13 November 2026.