66. The representative of Nigeria, speaking on behalf of the African Group, said that the Group was in the process of finalizing a proposal to amend the TRIPS Agreement as mandated by the Decision and that the Group was keen to take the process forward in a constructive manner with a view to enabling easy use for those Members who would need to use it. The amendment envisaged an Article 31bis to be added to the text of the TRIPS Agreement to deal specifically with the protection of public health.
67. The proposed amendment, which, in his view, would represent both a workable and a permanent solution, would address Article 31(f) as it affects measures taken to protect public health and in particular to promote access to medicines for all with respect to compulsory licences for the production of pharmaceutical products. The issue of exports to Members with insufficient or no manufacturing capacity in pharmaceutical sectors would also be contained in the amendment, as would the issue of adequate remuneration for the purpose of Article 31(h), taking into account the economic value for the importing Members of the use that had been authorized in the exporting Member. Other issues such as unlawful importation and sale of products produced pursuant to the Decision, RTAs, technical assistance and dispute settlement would also be addressed in the amendment. He said that the African Group welcomed the commitment and interest shown by delegations in the informal consultations held to date in finalizing this matter and finding a predictable and permanent solution to the problem.
