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

Mr. Martin Glass (Hong Kong, China)
F.5 Any alternatives to the use of the Paragraph 6 System to achieve the objective of access to medicines, procurement policies, and other related aspects affecting access to medicines
288. The representative of Australia recalled that the System had been developed to improve the ability of countries without manufacturing capacity to access affordable medicines. It had not been intended to be a panacea solution to the problem of access to medicines. Her delegation would be interested to hear from those Members who had spoken of occasions when the availability of alternative sources of medicine, including generics, had vitiated their need to utilize the System. The availability of effective alternatives to the System provided no evidence of its failure, but constituted a useful example of alternative pathways through which access to medicines could be realized. The operation of the System could therefore not be considered in a vacuum, as it represented but one weapon in the armoury of mechanisms and policies intended to improve access to medicines. Any assessment of its effectiveness had to take into account the specificities of what the System was intended for and was able to achieve, as well as the way in which it impacted upon, and was impacted upon by, a diverse range of bigger picture issues affecting access to medicines. These were much broader than the intellectual property issues discussed in the Council. They included the rate and relevance of innovation, the reliability of procurement and supply chains at both the national and international level and the safety, affordability and appropriate use of medicines. These and other issues were affected by and had implications for the System's operation. They were also being considered in other multilateral fora, such as under the WHO's Global Strategy and Action Plan on Innovation, Public Health and Intellectual Property. These discussions could usefully inform the Council's debate, including with respect to how WTO Members could more effectively use the system. Her delegation looked forward to continuing the consideration of the System's operation in the context of the broader discussion of access to medicines, bearing in mind the issues which could be addressed by the System.
IP/C/M/64