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

Ambassador Choi Hyuck (Korea)
European Union
G DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH
188. The representative of the European Communities said that it was in the interest of all Members to find a solution that was agreeable to all. Settling this matter urgently would allow Members to concentrate their efforts on other major outstanding issues. In its communication submitted to the TRIPS Council in November 2003, his delegation had taken the view that the amendment process should remain essentially technical, faithfully reflecting what had been agreed in August 2003. Not re-opening discussions on substantive issues was important to preserve the general balance as the Decision was the result of lengthy and difficult negotiations. His delegation had informally circulated its ideas on the transposition of the Decision into the TRIPS Agreement. A straightforward, legally secure, effective and permanent solution within the existing legal framework of Article 31 TRIPS was the objective. He recalled that the system put into place by the Decision could already be effectively used by Members. As regards the Chairman's Statement, its legal status should not be upgraded, but the legal relationship between the Decision and the Statement be preserved in the context of the future amendment. Since the Chairman's Statement constituted a shared agreement accepted by all Members and context for the interpretation of the Decision, it should continue to represent context for the interpretation of the amendment. He believed that this approach would be instrumental in unlocking the situation, but his delegation was also open to discussing other options. He encouraged the Chairman to intensify his consultations in which his delegation was prepared to participate.
IP/C/M/49