WTO conference: Dhaka for keeping flexibility on patents, copyrights

Bangladesh today sought continuation of the moratorium on non-violation and situation complaints (NVSCs) under the TRIPS Agreement until the next ministerial conference of the World Trade Organization (WTO), arguing that it will create flexibility in copy rights and patent rules for poorer countries.

Commerce Minister Khandker Abdul Muktadir said this in a statement after several meetings at the 14th Ministerial Conference of the WTO at Yaounde in Cameroon.

Bangladesh is also pushing for a separate five-year freeze on customs duties on e-commerce, even as 66 WTO member countries, representing 70 percent of global trade, have adopted a pathway to bring into force e-Commerce agreement through interim arrangements, he informed.

The NVSCs means if any country violates the rules of the TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights), such as patent rights, the country cannot be sent to the court or WTO’s dispute settlement body.

"Bangladesh may benefit if the NVSCs get a moratorium as the country will enjoy the flexibility such as in copy rights and patent," said Mustafizur Rahman, distinguished fellow of the Centre for Policy Dialogue (CPD) who also attended the ministerial summit at Yaounde.

Bangladesh is performing strongly in the pharmaceuticals sector and with the flexibility in terms and conditions of the TRIPs is good for the sector, he said.

Muktadir, after a meeting with the least developed countries (LDCs) group, told The Daily Star that they also discussed the moratorium both in the NVSCs and E-Commerce Agreement for five years.

“The LDC group decided for the continuation of the moratorium both in the NVSCs and E-Commerce Agreement. The discussion was for five years’ moratorium on both,” Muktadir told The Daily Star.

The minister also said that special benefits should continue for a certain period after a country graduates from the LDC category, in order to maintain economic stability in those countries. He also called for the adoption of a related package at MC14.

Muktadir argued that ensuring an effective, predictable, and rules-based dispute settlement system is critically important in the WTO. 

He called for the swift restoration of a full and two-tier dispute settlement system, including the reactivation of the Appellate Body at the WTO.

He noted that a strong and impartial system is essential to protect the interests of developing and least developed countries.

Referring to Bangladesh’s position on fisheries subsidies, he said the country’s contribution to harmful subsidies is close to zero, whereas major fishing nations account for a large share. 

The minister emphasised the need for strict controls on harmful subsidies, along with ensuring special and differential treatment (S&DT) for least developed and developing countries.

He also called for full exemptions for small-scale and marginal fishers to maintain fairness and sustainability.

Meanwhile, at the conference today, Bangladesh announced its accession as the 129th member to the Investment Facilitation for Development Agreement. 

This marks Bangladesh’s first participation in a plurilateral agreement under the WTO framework. 

The minister expressed hope that this initiative would help improve Bangladesh’s investment climate and send a positive signal to foreign investors. 

Several countries, including the European Union members, Japan, Korea, the United Kingdom, and Hong Kong, welcomed this step by Bangladesh.