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

H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)
Tanzania on behalf of African Group
14 DULY MOTIVATED REQUEST BY LDCS TO EXTEND THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS

808.   The African Group welcomes the LDC proposal contained in document IP/C/W/668, namely the Extension of the Transition Period under TRIPS Article 66.1 for Least Developed Country Members. 809.   The TRIPS waiver as enshrined in Article 66.1 of the TRIPS Agreement was provided in view of the special needs and requirements of LDCs due to their economic, financial and administrative constraints, and their need to create a viable technological base. Undisputedly, to date LDCs are still facing a similar situation, and even worse with the current COVID-19 situation. A majority have been forced to divert most of their financial resources to procure medication and personal protective equipment to treat the COVID-19 pandemic. 810.   Despite the previous extensions, the situation of LDCs has not changed to date because key structural economic challenges remain unaddressed. LDCs still face financial and administrative constraints and do not have a viable technological base; and that remains the legitimate grounds on which they request a further extension of the waiver. The situation in LDCs will only change once they have ably created a viable industrial and technological base as envisioned in Article 66.1 and linked to Article 66.2 of the TRIPS Agreement. 811.   We think it is reasonable to assert that Members have not implemented their obligations under TRIPS Article 66.2, in a manner demonstrable to assist LDCs in creating a solid technological base – a prerequisite criterion for LDCs to implement the TRIPS Agreement. 812.   Certainly, short transitional periods hinder investors from committing to invest in LDCs, and as a result the target is being missed from time to time. It is our view that this time, LDCs should be granted an extension sufficient to address the challenges envisioned in the TRIPS Agreement in collaboration with Members, as stated in TRIPS Article 66.2.

The Council took note of the statements made and agreed to revert to the matter at its next meeting.
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.
IP/C/M/96, IP/C/M/96/Add.1