TRIPS Agreement: Transitional period for implementing the Agreement (Article 66.1)

LDCs were not required to implement the TRIPS Agreement, other than Article 3 (national treatment), Article 4 (MFN treatment) and Article 5 (precedence of WIPO procedures), for a period of 10 years from 1 January 1996.

Paragraph 1 of the Decision of the TRIPS Council on the Extension of the Transitional Period under Article 66.1 of the Agreement for Least-Developed Country Members has extended this transition period for another 7.5 years which expired on 1 July 2013. On 11 June 2013 a Decision of the Council for TRIPS decided on an extension of the transition period under article 66.1 for LDCs stipulating that LDC Members shall not be required to apply the provisions of the Agreement (other than Articles 3, 4 and 5) until 1 July 2021, or earlier, upon graduation from the LDC category.


Resources:

  1. URUGUAY ROUND AGREEMENT: TRIPS—Trade-Related Aspects of Intellectual Property Rights
  2. WTO document IP/C/40, 30 November 2005, “Extension of the Transition Period under Article 66.1 for Least-Developed Country Members”
  3. Special and Differential Treatment Provisions in WTO Agreements and Decisions – Note by the Secretariat
  4. Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health
  5. Paragraph 18 of the Doha Ministerial Declaration
  6. Extension of the transition period under Article 66.1 for LDC members (11 June 2013)