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

Ambassador Eduardo Pérez Motta (Mexico)
C.ii (ii) Extension of the transition period provided for in paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public Health
207. The delegation of Senegal, speaking this time on behalf of his own delegation, said that he was seeking legal security for least-developed countries. Three points had to be cleared up: (i) whether the scope of the Decision covered both pharmaceutical products and processes; (ii) the applicability of the mailbox provisions; and (iii) exclusive marketing rights. He wished to have both pharmaceutical products and processes included in the coverage of the Decision. An argument from the African group in this regard was that "pharmaceutical products should be construed broadly in order to be meaningful, rather than narrowly in a manner that would restrict it to only limited components of treatment of medicines".1 The draft waiver should cover mailbox and exclusive marketing rights provisions under Article 70.8 and 70.9. The review mechanism envisaged in paragraph 2 of the draft waiver would need further consideration, given that least-developed countries were not even subject to a review of their legislation in the TRIPS Council until 2006. A review process would overburden least-developed countries with work, and would not be in line with the spirit or the letter of the Declaration. The Secretariat draft Decision on the extension of the transition period and draft waiver should be merged and paragraph 2 of the draft waiver should be deleted. He was hoping for a rapid decision on the matter.

1 See paragraph 6(b) of document IP/C/W/351.