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

Ambassador Choi Hyuck (Korea)
G DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH
190. The representative of Singapore said that, notwithstanding the technical nature of this exercise, difficulties had arisen owing to differing interpretations and perceptions of the legal status of the Chairman's Statement and its relationship with the Decision. He was of the view that the Chairman's Statement formed part of the consensus reached in August 2003 and could not be ignored in the amendment to the TRIPS Agreement. At the same time, voluntary undertakings made in good faith by some Members should not be turned into binding obligations through their incorporation into the TRIPS Agreement. He was encouraged by the informal proposal drafted by the delegation of the European Communities which was balanced and reasonable, and provided a good basis to move forward. In particular, he supported the suggestion that the Chairman's Statement be reiterated at the time of the adoption of the amendment. This was one way of preserving the legal status of the Chairman's Statement and the voluntary nature of the undertakings made by some Members when the Decision had been adopted. He recalled that, although the waiver was in place until the amendment came into effect, there was a need to resolve this issue promptly so as to avoid complicating the preparations for the Hong Kong Ministerial Conference. His delegation was interested in participating in any consultations organized by the Chairman.
IP/C/M/49