Ambassador Alfredo Suescum (Panama)

Cuba

12 CONTRIBUTION OF INTELLECTUAL PROPERTY TO FACILITATE THE TRANSFER OF ENVIRONMENTALLY RATIONAL TECHNOLOGY

182. Cuba thanks Ecuador for bringing this matter before the Council once again. It is important to continue the debate on the transfer of environmentally sound technologies (ESTs) from the perspective of intellectual property, with a view to proposing solutions, based on the WTO rules and without interfering in the mandates on climate change of other international agencies, that can help provide access to ESTs. 183. It should be recalled that, since 1992, the United Nations Framework Convention on Climate Change has undertaken, on behalf of the developed countries, to take all practicable steps to promote, facilitate and finance the transfer of environmentally sound technologies and know how. 184. As regards patented ESTs, the developing and least developed countries need to make use of all the flexibilities available in the TRIPS Agreement, without restrictions. One particularly advisable option would be to use compulsory licensing. Compulsory licensing cannot be an exceptional policy in the event of a country facing a health emergency. 185. Other flexibilities related to access to ESTs might be the exhaustion regime which allows for parallel imports, exclusions from patentability, exceptions to rights conferred and measures to counteract anti competitive practices. However, we recognize that in many circumstances, Members are prevented from making full use of these flexibilities, even for issues as sensitive as access to medicines. 186. In conclusion, we would like to point out that Cuba is in favour of discussing the matter in more depth at upcoming formal Council meetings.

The Council took note of the statements made.

12.1. The Chairman recalled that, at the Council's meeting in March 2013, Ecuador had briefly presented, under "Other Business", its submission entitled "Contribution of Intellectual Property for Facilitating the Transfer of Environmentally Rational Technology" (document IP/C/W/585). That document had been discussed at the Council's meeting in June 2013 under an item on "Intellectual Property, Climate Change and Development" that had been put on the agenda at the request of Ecuador.

12.2. The representatives of Ecuador, the Plurinational State of Bolivia, Indonesia, Cuba, China, United States, European Union, India, Japan, Canada, New Zealand, Chile, Australia, Switzerland, Brazil and Venezuela took the floor. The statements will be reproduced in an addendum to the present record.

12.3. The Council took note of the statements made.

IP/C/M/74, IP/C/M/74/Add.1