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

Ambassador Federico A. González (Paraguay) (24-25 October) and Mr. Martin Glass (Hong Kong, China) (17 November)
G.5 Any alternatives to the use of Paragraph 6 System to achieve the objective of access to medicines, procurement policies, and other related aspects affecting access to medicines raised by Members
235. Taking note of the response given by the delegation of the European Union, the representative of Ecuador further clarified the issues he had raised in his earlier statement. The Paragraph 6 System constituted one of the mechanisms to waive the otherwise applicable condition under Article 31(f) TRIPS and to issue compulsory licences for export purposes. Other provisions that could also assist Members who faced difficulties with the restrictive condition established by Article 31(f) included Article 31(k) which permitted unauthorized usage to remedy a practice determined after a judicial or administrative process to be anti-competitive. In the three cases he had referred to before, compulsory licences had been granted under Article 31(k). His delegation would welcome learning more about such practice, which seemed to represent a valid and useful alternative to overcome problems posed by the implementation of Article 31(f).