Minutes - TRIPS Council - View details of the intervention/statement

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1. Meeting date

2. Chairperson

H.E. Ambassador Dr. Walter Werner

3. Intervention by

Japan

4. Agenda item

13   INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: PROMOTING PUBLIC HEALTH THROUGH COMPETITION LAW AND POLICY

5. Statement/summary of statement

590.   For the purpose of having meaningful discussions under this agenda item, the delegation of Japan would like to ask other Members to note that it might be better to take a more thorough and cautious approach, taking into account not only the interests of third parties but also those of patent rights holders. 591.   In this context, this delegation would also like to point out that provisions such as those in Article 31(k) and Article 40 of the TRIPS Agreement, rest on an intricate balance. Therefore, Japan believes that we should be cautious in discussing this agenda item. And, these provisions should not be interpreted too broadly. From this perspective, this delegation has concerns about document IP/C/W/649. In addition, it is important to note that any measures taken under these provisions should be fully consistent with the TRIPS Agreement, as is stipulated in Article 8 of the TRIPS Agreement.

6. Documents referred to in intervention

7. Conclusion

The representatives of South Africa, Brazil, India, China, Indonesia, the United States of America, Japan, the European Union and the WHO took the floor.

8. Summary of the agenda item (if available)

53.   The Chair said that the item "Intellectual Property and the Public Interest: Promoting Public Health Through Competition Law and Policy" had been added to the agenda at the request of the Delegation of South Africa. It had been co-sponsored by Brazil and India since the circulation of the revised draft agenda. The co-sponsors had also submitted a communication on this topic (circulated in document IP/C/W/649 and addenda), which included questions to guide the discussion.
54.   The representatives of South Africa, Brazil, India, China, Indonesia, the United States of America, Japan, the European Union and the WHO took the floor.

9. Document symbol and date of distribution

IP/C/M/90, IP/C/M/90/Add.1
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