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

Ambassador Dacio Castillo (Honduras)
283. The representative of Bangladesh drew Members' attention to the fact that LDC countries were entitled to TRIPS flexibilities in order to create a level playing field for their infant industries and also to give them time to develop necessary infrastructure of enforcement. If higher standards than those set by the TRIPS Agreement were put in place, LDCs would find it difficult to exert. Besides the possible impact of ACTA on LDCs regarding vital issues such as access to generic medicines, various issues regarding access to content on the Internet remained unclear. This would put additional burden on LDC enforcement agencies. Among others, consideration of the role of right holders by the judicial authorities in determining compensation or damages might lead to undue advantage. While taking note of statements by some delegations according to which ACTA did not target generic medicines, he said that mechanisms to differentiate between generic and counterfeit medicines had to be established in order to avoid unnecessary harassment. Furthermore, ACTA did not seem to take development components of enforcement measures adequately into account.