Notification requirements

Agreement on Trade-Related Aspects of Intellectual Property Rights

This section of the Handbook on Notification Requirements covers the notification obligations under the AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS. It consists of the following six parts:

For Members which acceded pursuant to Article XII of the Marrakesh Agreement, their respective Protocols of Accession may contain notification obligations in addition to those set out in the WTO Agreements, and may govern the deadlines for the submission of their initial notifications.

PART 1 | OVERVIEW OF NOTIFICATION REQUIREMENTS

WHAT MUST BE NOTIFIED?

The TRIPS Agreement is an integral part of the WTO Agreement, and is binding on each Member of the WTO from the date the WTO Agreement becomes effective for that Member. The TRIPS Agreement establishes minimum standards of protection and enforcement for each of the main categories of intellectual property rights.

WHICH MEMBERS MUST NOTIFY?

All WTO Members are encouraged to submit TRIPS notifications, review materials and reports. Certain types of TRIPS submissions are mandatory, whereas others are optional in the case of Members using alternatives or flexibilities under the TRIPS Agreement.

WHEN TO NOTIFY?

When to submit a notification depends on the type of notification, review material or report. In general, however, a Member should notify as soon as possible after an obligation under the TRIPS Agreement becomes effective. With respect to updates or amendments to IP law or policy frameworks, a Member should generally submit the relevant notification, review material or report as soon as possible after the update or amendment occurs. Detailed information on the timing requirements of TRIPS notifications, review materials and reports may be found in Part 2 below.

The TRIPS Agreement allowed Members certain transition periods before they were obliged to apply all its provisions. Developed country Members were given one year to ensure that their laws and practices conform to the TRIPS Agreement. Developing country Members and (under certain conditions) transition economies were given five years, until 2000.

Least-developed countries initially had 11 years: until 2006.The transition period has since been extended to 1 July 2021, in general. In November 2015, the TRIPS Council agreed to further extend exemptions on pharmaceutical patents and undisclosed information protection for least-developed countries until 1 January 2033 or until such date whenthey cease to be a least-developed country Member, whichever date is earlier. They are also exempted from the otherwise applicable obligations to accept the filing of patent applications and to grant exclusive marketing rights during the transition period. A Member wishing to avail itself of any of the transitional periods is not required to submit a notification to invoke the transition period.

The date of application of TRIPS Agreement provisions in acceding countries is governed by their respective protocols of accession.

HOW TO NOTIFY? ¹

Members can submit most notifications, reports and review materials using the e-TRIPS Submission System. The e-TRIPS Submission System is an optional online tool for the submission of TRIPS notifications, review materials and reports.

On request to the Secretariat, each Member is given log-in credentials (username and password) for the e-TRIPS Submission System.The log-in credentials are not user-specific, and therefore can be shared among colleagues of the same Member.

To use the e-TRIPS Submission System, send an email to e-TRIPS@wto.org to request log-in details.

Traditional methods of submitting TRIPS notifications, review materials and reports to the TRIPS Council remain available. For any questions regarding the submission of TRIPS notifications, review materials and reports and how to submit, please contact the Secretariat at e-TRIPS@wto.org.

Provisions of the TRIPS Agreement related to notification requirements

Article 63.2: Notification of laws and regulations.

Articles 1.3 and 3.1: Notification of certain options in regard to:

The definition of beneficiary persons (Art. 1.3);
National treatment (Art. 3.1).

Article 4(d): Notification of international agreements to justify certain MFN exemptions.

Article 31bis and the Annex to the Amended TRIPS Agreement: Notifications relating to additional flexibilities aimed at enhancing access to medicines.²

Article 69: Notification of contact points.

Other notification requirements:

Pursuant to the obligations under Article 2 of the TRIPS Agreement stemming from the provisions of Article 6ter of the Paris Convention for the Protection of Industrial Property, Stockholm Act (1967) ("Paris Convention");
Pursuant to the obligations under notification provisions of intellectual property conventions incorporated by reference into the TRIPS Agreement but not explicitly referred to in it, notably those stemming from the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention") or the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations ("Rome Convention"):
- Article 14bis:2(c) of the Berne Convention
- Article 14bis:3 of the Berne Convention
- Article 15:4 of the Berne Convention
- Article I of the Appendix to the Berne Convention
- Article II:3(b) of the Appendix to the Berne Convention
- Article IV:2 of the Appendix to the Berne Convention
- Article IV:4(c)(iv) of the Appendix to the Berne Convention
- Article V of the Appendix to the Berne Convention
- Article 17 of the Rome Convention
- Article 18 of the Rome Convention
As agreed by the TRIPS Council in relation to Article 67 of the Agreement on technical cooperation; namely, the specification by developed country Members of contact points in their administrations for TRIPS-related technical cooperation.

Provisions in the TRIPS Agreement under which review or reporting mechanisms involving submissions to the TRIPS Council have been established

Article 24.2: In the context of the review of the application of the provisions of the Section on geographical indications under Article 24.2 of the TRIPS Agreement, the Council, at its meetings in May and July 1998, invited those Members already under an obligation to apply the provisions in question to provide their responses to a Checklist of Questions (contained in document IP/C/13 and Add.1). Other Members could provide their responses on a voluntary basis.

Article 27.3(b): At its meeting in December 1998, the Council agreed to initiate the review of the provisions of Article 27.3(b) through an information-gathering exercise (contained in documents IP/C/W/122 and IP/C/W/126). The Council invited Members that were already under an obligation to apply Article 27.3(b) to provide information on how the matters addressed in these provisions were presently treated in their national law. Other Members were invited to provide such information on a best-endeavors basis.

Article 66.2: The Decision of the Council for TRIPS of 19 February 2003 (document IP/C/28) established the mechanism for ensuring the monitoring and full implementation of developed country Members' obligations in Article 66.2.

Article 67: The TRIPS Council agreed in 1996 that developed country Members would annually update information on their technical cooperation activities relevant to the implementation of the TRIPS Agreement (documents IP/C/M/6 and IP/C/M/7).

Further details on TRIPS notifications review materials and reports are available in the Appendices of the [Guide to the TRIPS Agreement]().

PART 2 | LISTING OF THE NOTIFICATION OBLIGATIONS

NOTIFICATION OBLIGATIONS

	WHAT MUST BE NOTIFIED?		WHICH MEMBERS MUST NOTIFY?	WHEN TO NOTIFY?		HOW TO NOTIFY?
	Notification requirements	Type of measure	Members notifying	Periodicity	Comments on Periodicity	Format	To whom³	Notification Symbol
1.	TRIPS Agreement, Article 63.2.	Laws / regulations made effective by the notifying Member (pertaining to the availability, scope, acquisition, enforcement and prevention of the abuse of intellectual property rights), including new laws and regulations.	All WTO Members	One time initial notification, and updates as necessary	As soon as possible after an obligation under the TRIPS Agreement becomes effective for a Member, normally within 30 days, except where otherwise provided by the TRIPS Council. In case of subsequent modifications of laws and regulations or the introduction of new ones, normally within 30 days where no translation into an official WTO language is required and within 60 days where such translation is necessary.	Yes (Members may use the e-TRIPS Submission System IP/C/2, IP/C/4, IP/C/5)	TRIPS Council	IP/N/1/*
2.	Procedures in IP/C/2 for notifications under TRIPS Agreement Article 63.2, and the Decision of the Council for TRIPS of 21 November 1995 on the Checklist of Issues on Enforcement.	Information on domestic intellectual property enforcement law and practices.	All WTO Members	One time initial notification, and updates as necessary.	First, a one-time notification (as soon as possible after a Member is obliged to start applying the provisions of the TRIPS Agreement on enforcement), and then an ad hoc notification upon introduction of changes.	Yes (Members may use the e-TRIPS Submission System IP/C/2, IP/C/4, IP/C/5)	TRIPS Council	IP/N/6/*
3.	TRIPS Agreement, Article 69.	Specification of contact points (in Members' administrations for, among other things, exchanging information on trade in goods infringing intellectual property rights), including changes to previously notified contact points.	All WTO Members	One time initial notification, and updates as necessary.	First, a one-time notification (1 January 1996 or, for new Members, promptly upon accession), and then an >ad hoc notification upon introduction of changes.	Yes (Members may use the e-TRIPS Submission System WTO/AIR/168)	TRIPS Council	IP/N/3/*
4.	TRIPS Agreement, Article 9.1 [Article 14 bis (3) of the Berne Convention (1971)].	Stipulation in the notifying Member's law that the rule that certain authors are to be presumed to have consented to certain ways in which their film is exploited is not binding on the principal director of the film.	All WTO Members	Ad hoc		Yes (IP/C/W/15 Guidelines)	TRIPS Council	IP/N/5/*
5.	TRIPS Agreement, Article 9.1 [Article 15(4) of the Berne Convention (1971)].	Designation of the competent authority to represent unknown authors of folklore.	All WTO Members	Ad hoc		Yes (IP/C/W/15 Guidelines)	TRIPS Council
6.	TRIPS Agreement, Article 9.1 [Art. I of the Appendix to the Berne Convention (1971)].	Declaration by the notifying developing country Member that it avails itself of the faculty of compulsory licensing for translations / reproductions.	Developing country WTO Members	Ad hoc	Every 10 years	Yes (IP/C/W/15 Guidelines)	TRIPS Council
7.	TRIPS Agreement, Article 9.1 [Art. II(3) (b) of the Appendix to the Berne Convention (1971)].	Agreement secured by the notifying developing country Member with all developed country Members, in which the same language is in general use as in that developing country Member, to provide for a shorter period than the usual three years after publication for the application of compulsory licensing to substitute for the exclusive right of translation.	Developing country WTO Members	Ad hoc		Yes (IP/C/W/15 Guidelines)	TRIPS Council	IP/N/5/*
8.	TRIPS Agreement, Article 9.1 [Art. IV (2) of the Appendix to the Berne Convention (1971)].	Designation of an information center for the purposes of compulsory licensing.	Developing country WTO Members	Ad hoc		Yes (IP/C/W/15 Guidelines)	TRIPS Council	IP/N/5/*
9.	TRIPS Agreement, Article 9.1 [Art. IV(4)(c)(iv) of the Appendix to the Berne Convention (1971)]	Agreement between the notifying developing country Member granting a compulsory license for the export of copies of translations made under the compulsory license and another WTO Member to which the copies are sent and allowing for such exports.	Developing country WTO Members	Ad hoc		Yes (IP/C/W/15 Guidelines)	TRIPS Council
10.	TRIPS Agreement, Article 9.1 [Art. V(1) (ii) of the Appendix to the Berne Convention (1971)].	Application of the 10-year régime instead of compulsory licensing.	Developing country WTO Members	Ad hoc	At the time of ratification, acceptance or accession.	Yes (IP/C/W/15 Guidelines)	TRIPS Council
11.	TRIPS Agreement, Article 14.6 [Art. 17 of the Rome Convention].	Protection of producers of phonograms solely on the basis of the criterion of fixation.	All WTO Members	Ad hoc	At the time of ratification, acceptance or accession.	Yes (IP/C/W/15 Guidelines)	TRIPS Council	IP/N/1/*
12.	TRIPS Agreement, Article 14.6 [Art. 18 of the Rome Convention].	Reduction of scope or withdrawal of earlier notification of an exception under Article 5(3), 6(2), 16(1) or 17 of the Rome Convention as incorporated into the TRIPS Agreement.	All WTO Members	Ad hoc		Yes (IP/C/W/15 Guidelines)	TRIPS Council
13.	Article 31bis and paragraph 1(b) of the Annex to the amended TRIPS Agreement. (Members who have yet to accept the Protocol Amending the TRIPS Agreement continue to operate on the basis of the waiver decision of 2003).	Notification requirements for Members making use of the additional flexibilities relating to the TRIPS Agreement and public health: Importing Member's one-off general notification of intention to use the special compulsory license system.	Developing country WTO Members	Ad hoc	Any time prior to a Member's first use of the special compulsory license system as an importer, or at the same time as it first notifies specific needs under the system.	Yes (Members may use the e-TRIPS Submission System)	TRIPS Council
14.	Article 31bis and paragraph 2(a) of the Annex to the amended TRIPS Agreement. (Members who have yet to accept the Protocol Amending the TRIPS Agreement continue to operate on the basis of the waiver decision of 2003).	Notification requirements for Members making use of the additional flexibilities relating to the TRIPS Agreement and public health: Importing Member's specific notification.	Developing country and least-developed country WTO Members	Ad hoc	A notification must be made by or on behalf of an importing Member each time it uses the special compulsory license system to import pharmaceutical products. No notification is needed when pharmaceutical products are imported from another Member party to a regional trade agreement under the regional mechanism.	Yes (Members may use the e-TRIPS Submission System)	TRIPS Council	IP/N/9/*
15.	Article 31bis and paragraph 2(c) of the Annex to the amended TRIPS Agreement. (Members who have yet to accept the Protocol Amending the TRIPS Agreement continue to operate on the basis of the waiver decision of 2003).	Notification requirements for Members making use of the additional flexibilities relating to the TRIPS Agreement and public health: Exporting Member's notification.	All WTO Members	Ad hoc	Any Member that exports under the special compulsory license system must make this notification for every compulsory license that it issues under the system prior to export.	Yes (Members may use the e-TRIPS Submission System)	TRIPS Council	IP/N/10/*
16.	TRIPS Agreement Article 66.2.	Report on the implementation of Art. 66.2 of the TRIPS Agreement.	Developed country WTO Members	Regular – Annual	New detailed reports every third year and updates to the most recent report in the intervening years.	Yes (Members may use the e-TRIPS Submission System)	TRIPS Council
17.	As agreed by the TRIPS Council in the context of Article 67 of the TRIPS Agreement (IP/C/M/8, paragraphs 37 and 38).	Specification by the notifying developed country Member of contact points for technical cooperation on TRIPS.	Developed country WTO Members	One-time initial notification, and updates as necessary.	First, a one time notification (1 September 1996 or, for new Members, promptly upon accession), and then an ad hoc notification upon introduction of changes.	Yes (Members may use the e-TRIPS Submission System WTO/AIR/168)	TRIPS Council	IP/N/7/*
18.	As agreed by the TRIPS Council in the context of Article 67 of the TRIPS Agreement.	Report on technical and financial cooperation programmes.	Developed country WTO Members	Regular – Annual		Yes (Members may use the e-TRIPS Submission System)	TRIPS Council	IP/N/7/*

REVIEW MATERIALS

	WHAT MUST BE NOTIFIED?		WHICH MEMBERS MUST NOTIFY?	WHEN TO NOTIFY?		HOW TO NOTIFY?
	Notification requirements	Type of measure	Members notifying	Periodicity	Comments on Periodicity	Format	To whom³	Notification Symbol
1.	TRIPS Agreement, Article 24.2.	Responses provided in the context of the review of the provisions of the Section on geographical indications under Article 24.2.	All WTO Members	Ad hoc		Yes (Members may use the e-TRIPS Submission System)	TRIPS Council	IP/N/1/*
2.	TRIPS Agreement, Article 27.3(b).	Responses provided in the context of the review of the provisions of Article 27.3(b).	All WTO Members	Ad hoc		Yes (Members may use the e-TRIPS Submission System)	TRIPS Council

PART 3 | RELEVANT DOCUMENT(S) CONCERNING GUIDELINES AND FORMATS

Instructions on how to use the e-TRIPS Submission System are available here.
The instructions include guidance on how to use the system in addition to the types of information to provide for each type of submission.

Procedures for notification of, and possible establishment of a common register of, national laws and regulations under Article 63.2 IP/C/2.

Format for listing of "other laws and regulations" to be notified under Article 63.2 IP/C/4.

Draft format for listing of "other laws and regulations" to be notified under Article 63.2 IP/C/W/8.

Schedule for consideration of national implementing legislation in 1996/1997 IP/C/3.

Distribution of notifications of laws and regulations under Article 63.2 (IP/N/1/- series of documents) IP/C/W/20.

Checklist of issues on enforcement IP/C/5.

Implementation of the obligations under the TRIPS Agreement stemming from the incorporation of the provisions of Article 6ter of the Paris Convention (1967) IP/C/7.

Notifications already made under the provisions of the Berne Convention and the Rome Convention referred to in Articles 1.3 and 3.1 of the TRIPS Agreement IP/C/W/3.

Notification possibilities provided in Articles 1.3 and 3.1 of the TRIPS Agreement IP/C/W/5.

Notifications under Articles 1.3 and 3.1 of the TRIPS Agreement WTO/AIR/70.

Notification provisions of intellectual property conventions incorporated by reference into the TRIPS Agreement but not explicitly referred to in it IP/C/W/15.

Notification of contact points under Article 69 of the TRIPS Agreement WTO/AIR/168.

Notification of contact points for technical co-operation on TRIPS WTO/AIR/388.

Submission of reply to a checklist of questions as part of the Review under Article 24.2 of the Application of the Provisions of the Section of the TRIPS Agreement on Geographical Indications IP/C/13 and Add.1.

Submission of reply to a checklist of questions as part of the Review of the Provisions of Article 27.3(b) IP/C/W/122 and IP/C/W/126.

Submission of Report under Article 66.2 of the TRIPS Agreement: Incentives to Transfer Technology to LDCs IP/C/28.

PART 4 | LIST OF NOTIFICATIONS SINCE 1995

TRIPS TRANSPARENCY TOOLKIT

The following notifications may be retrieved from the TRIPS Transparency Toolkit:

Notifications of laws and regulations under Article 63.2
Responses to the Checklist of Issues on enforcement under Article 63.2
Notifications of laws and regulations relating to Articles 3, 4 and 5
Notifications of contact points under Article 69
Notifications on beneficiaries and national treatment (non-discrimination between foreign and local nationals) under Articles 1.3 and 3.1
Notifications on Most-favoured-nation treatment (non-discrimination between trading partners) under Article 4(d)
Notifications under provisions of the Berne and Rome conventions that are incorporated by reference into the TRIPS Agreement

Replies to the Checklist of Questions as part of the Review under Article 24.2 of the Application of the Provisions of the Section of the TRIPS Agreement on Geographical Indications.

Replies to the Checklist of Questions as part of the Review of the Provisions of Article 27.3(b).

Notifications of Members making use of the special compulsory licensing system.

Reports under Article 66.2.

Reports under Article 67.

Notification of contact points for technical and financial cooperation.

PART 5 | TEXT OF THE AGREEMENT

Agreement on Trade-Related Aspects of Intellectual Property Rights (as amended on 23 January 2017).

Agreement on Trade-Related Aspects of Intellectual Property Rights (unamended version).

PART 6 | TEXT OF THE AGREEMENT BETWEEN WIPO AND THE WTO

Agreement between WIPO and the WTO.

Notes

¹ All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.

² Since the entry into force of the TRIPS Amendment in January 2017, members that have accepted the amendment operate on the basis of the amended TRIPS Agreement. Other members who have yet to accept the Protocol Amending the TRIPS Agreement continue to operate on the basis of the waiver decision of 2003.

³ All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.