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

Ambassador Eduardo Pérez Motta (Mexico)
Hong Kong, China
C.i Scope and coverage
41. The representative of Hong Kong ,China said that on the question of coverage there should be flexibility to decide on the patented products that were related to the pandemic diseases in question. Apart from the pharmaceutical products themselves, it was probable that methods of delivery or diagnostic kits might also be patented and it was reasonable that the scope of a solution should include these. With respect to the beneficiary economies too, there should be flexibility in assessment. It was his opinion that the list of diseases in the Declaration was not an exhaustive one. In the context of the war on terrorism, it was important that flexibility to deal rapidly with any new situation that might arise should be preserved. Regarding the question of lack of capacity, he said that it was important that this should not function as a test. The lack of capacity, being a negative proposition, was always going to be hard to prove. In any case, he agreed that least-developed countries should be included per se as having insufficient capacity to manufacture. The representative said that simple, objective criteria should be developed which Members could use for self-assessment. With respect to potential suppliers, he said that only if every country was included could availability and affordability be ensured. He also said, however, that most industrialized countries with advanced intellectual property regimes might be unable to participate in the system because of domestic legal mechanisms and this was not a problem that the Council was able to address in a timely manner. Therefore, although it seemed likely that it was only the developing countries that could function as suppliers, industrialized countries should not be barred from being potential suppliers.