Common use of The Brussels Draft Clause in Contracts

The Brussels Draft. This draft165 came very close to the current Article 71. It provided: 1. PARTIES shall review the implementation of this Agreement after the expi- ration of the transitional period referred to in paragraph 2 of Article [65]. They shall, having regard to the experience gained in its implementation, review it [-] years after that date, and at identical intervals thereafter. The PARTIES may under- take reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement. 2. Amendments merely serving the purpose of adjusting to higher levels of pro- tection of intellectual property rights achieved, and in force, in other multilateral agreements and accepted by all PARTIES may be adopted by the Committee.” The first paragraph derived from the “A” proposal under the Anell Draft and thus established the obligation of Members to have their domestic legislation reviewed by the TRIPS Council (referred to as the “Committee” in the Brussels draft).166 The second paragraph was directly taken from the “B” proposal in the Anell Draft (see above).