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

Mr. Tony Miller (Hong Kong, China)
H DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH
157. The representative of Brazil welcomed the proposals put forth during the present session, especially the African proposal which was an interesting and positive contribution to the task that the Council had been mandated to carry out by the Decision. The issue at hand was essential to Brazil and had very broad social and humanitarian consequences. While understanding certain delegations' concerns with regard to the quality of drugs, he said that the primary concern was the access to pharmaceutical products, in terms of affordability and availability in the required quantities, that were essential to ensure public health in developing countries. The issue of quality was an issue of a different nature which could be dealt with under other available frameworks. 158. The amendment to the TRIPS Agreement had been mandated in the Decision, and there was a clear difference between the legal status of the Decision and the Chairman's Statement. For his delegation the exercise at hand was to transpose the substance of the Decision into the TRIPS Agreement. The African proposal, being the only one on the table so far, was a good basis for the Council's work and compatible with what was stated in paragraph 11 of the Decision, namely that the amendment would be based, where appropriate, on the Decision. The amendment should not be made through a footnote as this would not bring about the predictability, the legal status and the weight that this subject of utmost importance should have. The amendment should transpose the elements of the Decision, which was self-contained and expressed the consensus among Members. The Chairman's Statement should not be included in any amendment to the Agreement.
IP/C/M/47