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

H.E. Ambassador Xolelwa Mlumbi-Peter
Chinese Taipei
14 INTELLECTUAL PROPERTY AND PUBLIC INTEREST: BEYOND ACCESS TO MEDICINES AND MEDICAL TECHNOLOGIES TOWARDS A MORE HOLISTIC APPROACH TO TRIPS FLEXIBILITIES
500.   We understand that according to Articles 7, 8, and 13 of the TRIPS Agreement, besides patent protection, there are flexibilities among WTO Members, in formulating and amending respective laws and regulations to adopt measures necessary to protect public interest as well as provide limitations or exceptions to copyright and related rights. 501.   Hence, given the impact of COVID-19, students may be kept out of schools due to temporary school closure. We have drafted amendments to the Copyright Act to provide limitations and exceptions in relation to the use of works for distance learning in order to protect significant public interests such as knowledge dissemination and cultural development. 502.   As pointed out in the Doha Declaration on the TRIPS Agreement and Public Health in 2001, the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health. Particularly, as the COVID-19 is still raging, it is worth placing emphasis and deep thinking by all WTO Members as to how to more holistically use the TRIPS Agreement's flexibility to balance between safeguarding IPRs protection and the interests of public health.
The Council took note of the statements made.
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