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In any event, the Community should continue its efforts within GATT in
the context of the TRIPS negotiations. This is fully consistent with the
position that settlement of disputes relating to breaches of the future
Treaty should take place within WIPO.
Article 14 (Becoming Party to the Treaty)
Community Position
Paragraph (1) (Eligibility)
Unless an acceptable definition for the relevant territory is found in
Article 1, the Community should not accept this text, but seek a
formula which respects the contents of the Community proposal (DOC
IPIC/CE/IV/4) thus avoiding any reference to the territories in which
the legislation has to be applicable. The WIPO text, which has
probably been inspired by the desire to eliminate the word
"competence" from the text as proposed by the Community, could give
rise to other questions from third countries, such as whether a
Directive which needs to be transposed into national law is sufficient
for that definition. Therefore a slightly reworded text could be
proposed as follows :
"(b)
Furthermore, any Intergovernmental Organisation constituted by
States which have transferred to it powers in matters covered by
this Treaty including the power to conclude treaties on such
subjects".
As a fall back position the text of paragraph 1(b) could be retained
up to and including "(topographies)" and the remainder of the
paragraph substituted by the following
13
which is binding on its
Member States, may become party to this Treaty."
Paragraphs (2) (Adherence) and (3) (Deposit of Instruments)
These proposals are acceptable.