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Date 20 February 1989

Jen John,

WIPO CHIP TREATY

01-831 2525

Telex 266546 PATLDN G

Fax 01-405 0292

Further to my letter of 14 Febr uary I have now received a copy of a Commission paper (copy enclosed) which is intended to answer questions posed by a number of third countries at the meetings in Geneva last November. I should be grateful for comments and views.

The questions are referred to in paragraphs 190-198 of the report of the Committee of Experts (IPIC/CE/IV/15) and concern the division of competence between the Community as such and the individual Member States. Although I have only had chance to glance quickly at the paper it seems to me that its substance and tone are not likely to be particularly helpful to the Community's position. Subject to the views of others, I would say that the assertion of Community sovereignty (as it were) is unnecessarily bellicose and that the basic argument, namely that the addition of the Community as a party would strengthen rather than weaken the position of third countries because it would mean that it would be easier to find someone to take responsibility, is rather opaque and unnecessarily associated with continuing assertions of sovereignty and independence. should however be grateful for comments and views.

I

As to timing, this is something of a problem. Since we have only received the paper today, I doubt whether many Member States will be prepared to enter into substantive discussion at the meeting tomorrow in Brussels. However, if anyone can provide any comments or views before I leave for Brussels, at noon tomorrow 21 February, I should be glad to have them.

Copies of this letter go to copy recipients of the earlier correspondence.

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