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

Ambassador Eduardo Pérez Motta (Mexico)
C.i Scope and coverage
39. The representative of Indonesia said that the Declaration gave a mandate to each country to decide for itself what constituted a public health crisis or a national emergency. Narrow definitions on scope of diseases should, therefore, be avoided. She said that, since it was difficult to define a public health crisis, the product coverage should not be limited and should extend to all related pharmaceutical products and processes, including active ingredients needed to deal with the situation. The eligibility of importing countries was an integral part of paragraph 6 of the Declaration and should not be limited. Public health crises were not exclusive to any particular category of countries and, therefore, it would be ineffective to limit the benefit of the solution under paragraph 6. Developing countries, especially least-developed countries, should be the major beneficiaries of the solution and any country that wanted to exclude itself from being an importing country should be able to do so. On the question of assessing manufacturing capacity, she said that each country should be able to assess this on their own in relation to particular products but an international standard could be set to allow for this assessment. The elements of such an international standard should include manufacturing capacity to produce active ingredients, technical capability, economic feasibility and economies of scale.