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
199. The representative of New Zealand referred to the risk of unravelling the August 2003 outcome if Members were not prepared to make concerted efforts over the coming months. He was encouraged by the recent consultations held by the Chairman and asked for further concerted efforts to resolve this important issue. His delegation was willing to take a flexible and pragmatic approach in working towards a permanent solution. He joined those Members that had maintained that the amendment should be a technical exercise only and not serve to re-open a debate on substantive elements of the Decision. For his delegation, it was clear that the Chairman's Statement had been an important element in the achievement of a consensus in August 2003. In formulating an amendment to the TRIPS Agreement to reflect the Decision, the issue was not so much a question of whether to deal with the Chairman's Statement, but a question of how to deal with it. He agreed with the European Communities that, in order to preserve the legal relationship between the Decision and the Chairman's Statement at the time of the adoption of the amendment, the Statement should be dealt with in such a way that it represented an understanding of Members regarding the way in which the amendment itself was interpreted and implemented. This would provide an aid for, or in technical legal terms a context for, interpretation of the amendment. His delegation supported dealing with the Chairman's Statement in a way that provided context for the interpretation of the amendment without elevating or diminishing its status. The outcome should faithfully reflect the approach taken in 2003.
IP/C/M/49