Ambassador Al-Otaibi (Kingdom of Saudi-Arabia)

Bangladesh on behalf of Least-developed countries

9.1 Protocol Amending the TRIPS Agreement

205. I am taking the floor on behalf of the LDC Group. May we inform you that the LDC Group is taking particular actions so that our Members may ratify and deposit instruments of acceptance very soon. While we are discussing under this agenda item, I will take the opportunity to make some general comments. 206. We all know that technical cooperation and capacity building in the area of IP remains an important cornerstone for creating the needed balance to ensure that IP serves as an effective tool to development and innovation. The LDCs appreciate the efforts of the Secretariat and thank those Members that are providing such support to the rest of us, as IP is a sector which requires maximum amount of technical cooperation and capacity-building. 207. For IP to truly serve as a development tool, much is required from the existing friends to the LDCs, especially data at a lower level of IP development. We would like to remind all Members the requirement and responsibility of the transfer of technology and knowledge. It will save all of us a huge amount of money and resources by avoiding the duplication of activities and wastage of time by repeating the same actions elsewhere. These efforts will ensure specific focus on assisting our economies and consolidating innovation and contribute to the sustainable development of the world we live in. Here we must emphasize that technical cooperation should be demand-driven and based on true requirements. 208. LDCs will therefore continue to emphasize the importance of enhanced assistance beyond mere workshops and seminars if real impact and tangible benefits are to be achieved. We appreciate those Members that have submitted reports on what they are doing in the area of IP and encourage those that have not shared their experience with this Council to do the same at the earliest convenience. We again thank the Members for their continued assistance towards the LDCs.

The Council took note of the statements made.

9.1. The Chairman recalled that, at its last meeting, the Council had been informed by his predecessor about the Director-General's renewed efforts that he had undertaken earlier this year in order to secure the entry into force of the TRIPS amendment by MC10.

9.2. As outlined by the Director-General in his statement at the General Council in February, entry into force of the amendment would give this new compulsory licensing mechanism the same status as all other public health-related flexibilities under the TRIPS Agreement. It would provide a permanent legal pathway that strengthens the System's future potential to facilitate export of medicines that was needed by patients in developing countries. And it would respond to widespread calls within the UN, including from the UN Economic and Social Council and the UN General Assembly, to complete the process of acceptance.

9.3. These earlier initiatives by the Director-General had triggered significant interest in many WTO Members who were yet to accept the TRIPS amendment. Other Members who had already accepted the TRIPS Protocol had also confirmed their availability to assist and share their experience with Members concerned.

9.4. Reportedly, considerable progress had been made in domestic acceptance procedures in some of the Members concerned. This said, since the last meeting in February, only Brunei Darussalam had formally deposited its instrument of acceptance.1

9.5. In his capacity as the Chair of the Council, he therefore had taken the initiative to suggest, in a communication that had been circulated by the WTO Secretariat in a fax dated 26 May 2015, that the issue of cooperation to facilitate domestic procedures to accept the TRIPS Protocol and thus ultimately to support the entry into force of the TRIPS amendment be raised under the agenda item on technical cooperation. At this stage, he still hoped that this goal could be achieved in time for MC10 later this year. For this to happen, it was necessary that another 26 Members submit their respective instruments of acceptance to the WTO.

9.6. His initiative built on past work in this Council that had recognized the need for technical assistance concerning the acceptance process and had also provided support to Members in this area. In his communication, he had proposed that Members concerned come prepared to this meeting to share information about any potential needs for further assistance and experience sharing and to inform the Council about the steps taken in order to complete their domestic acceptance procedures since the letter of the Director-General in February.

9.7. The representatives of Chile; India; the European Union; Bangladesh on behalf the LDC Group; Australia; Brazil; the Republic of Seychelles; Chinese Taipei; Pakistan and Rwanda took the floor.

9.8. The Council took note of the statements made.

IP/C/M/79, IP/C/M/79/Add.1