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

H.E. Ambassador Xolelwa Mlumbi-Peter
14 INTELLECTUAL PROPERTY AND PUBLIC INTEREST: BEYOND ACCESS TO MEDICINES AND MEDICAL TECHNOLOGIES TOWARDS A MORE HOLISTIC APPROACH TO TRIPS FLEXIBILITIES
448.   In response to the questions framed after paragraph 20 of the proposal, the applicability of the exceptions and limitations of the TRIPS Agreement particularly compulsory license may be a useful tool in ensuring that the patent system contributes to innovation and technology transfer, where Governments put in place policies that are against patent non-use and technology suppression. However, our country experience is such that it is difficult for such a tool to spark innovation as many private parties lack the technological know-how and the financial capacity to be able to finance such innovations which if achieved could foster development in Nigeria. 449.   Under the Patent Act of Nigeria, a flexibility exists for compulsory licensing system that serves to promote a balance between patent protection and public interest. Nigeria is also working on a national policy and strategy which links the other parts of the economy with IP. 450.   Another application of the TRIPS exceptions is the provision of fair use. Nigeria, as a common law nation, authorizes fair use as is provided for in our laws to include any use that is for personal consumption or for educational purposes. This provision is contained in our Copyright Act and aims at promoting innovation. 451.   We reserve our right to come back on this agenda after due consideration from capital. We are also willing to hear other member`s experiences and approach under this agenda item.
55.   The Chair said that this item had been put on the agenda at the request of South Africa. A communication concerning had been circulated in document IP/C/W/666. She invited South Africa to introduce the item.
56.   The representative of South Africa took the floor to introduce the item.
57.   The representatives of Nigeria; Indonesia; Chile; Tanzania, on behalf of the African Group; Colombia; China; Malaysia; Zimbabwe; India; Chinese Taipei; Canada; the United Kingdom; the European Union; Ecuador; Australia; Switzerland; the United States of America; Sri Lanka; Japan; and the WHO took the floor.
58.   The Council took note of the statements made.
IP/C/M/95, IP/C/M/95/Add.1