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

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1. Meeting date

2. Chairperson

H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)

3. Intervention by

Jamaica on behalf of African, Caribbean and Pacific States (ACP)

4. Agenda item

14 DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS

5. Statement/summary of statement

796.   The ACP Group wishes to thank the delegation of Chad, in its capacity as coordinator of the WTO LDC Group, for its recently proposed draft decision for an extension of the transition period pursuant to TRIPS Article 66.1, due to expire in July 2021, as outlined in document IP/C/W/668. We also thank the delegation of Bangladesh for their presentation. 797.   As was the case when these flexibilities were initially agreed, we acknowledge that LDCs continue to face certain structural and institutional constraints, which make it difficult for them to comply with some of the provisions in the TRIPS Agreement. In this connection, we note that this proposal by the LDC Group calls for a permanent extension of the transition period under TRIPS Article 66.1 while a Member remains an LDC; and, for 12 years from the date of entry into force of a decision by the UN General Assembly to exclude the Member from the LDC category. 798.   LDCs need a continuing exemption from the TRIPS Agreement in order to be able to grow economically viable industrial and technological sectors, to consolidate capacity and to work their way up the technological value chain. 799.   The ACP Group therefore supports the extension of the LDCs' TRIPS flexibilities, and the statement delivered by Chad on behalf of the LDC Group.

6. Documents referred to in intervention

7. Conclusion

The Council took note of the statements made and agreed to revert to the matter at its next meeting.

8. Summary of the agenda item (if available)

78. The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group; and a communication had been circulated. She recalled that the transition period for LDC Members had been extended twice: Most recently, by the TRIPS Council Decision of 11 June 2013. Regarding extensions of the transition period, the second sentence of Article 66.1 of the TRIPS Agreement provided that "The Council for TRIPS shall, upon duly motivated request by a least developed country Member, accord extensions of this period." She invited the LDC Group to introduce the request.
79. The representative of Chad, on behalf of the LDC Group took the floor.
80. The Chair invited Members to take the floor.
81. The representatives of Bangladesh; Bangladesh, on behalf of the LDC Group, Nepal; Mali; Cambodia; Angola; Afghanistan; Senegal; Jamaica, on behalf of the ACP Group; China; South Africa; Argentina; Egypt; Tanzania, on behalf of the African Group; Indonesia; Turkey; the United States of America; the European Union; Oman; India; Japan; Nigeria; the United Kingdom; Switzerland; and the World Health Organization (WHO) took the floor.
82. The Chair proposed that the LDC Group consult with the Members, that had intervened at the present meeting, to bridge the differences. She would also be available to consult with Members. Considering the time-sensitivity due to the upcoming deadline in 2021, she proposed to revert to the request at the next meeting.
83. The Council took note of the statements made and agreed to revert to the matter at its next meeting.

9. Document symbol and date of distribution

IP/C/M/96, IP/C/M/96/Add.1
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