TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 94

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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.