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

Ms Irene Young (Hong Kong, China)
Bolivia, Plurinational State of
285. Let me begin by congratulating the sponsors of this agenda item. The promotion of flexibilities under the TRIPS Agreement is something which has not been sufficiently encouraged in the developing world, and we would like to share some thoughts in this respect. 286. For different reasons, Bolivia has not had recourse to compulsory licensing. However, we are convinced that the use of this instrument deserves greater promotion, particularly, for instance, in the case of access to medicines. 287. We believe that WTO Members should make full use of the policy space available under the TRIPS Agreement to meet the needs of their countries and peoples, and this requires the support of the international organizations in the form of capacity building to enable them to use these instruments. 288. We also believe that governments should adopt and implement legislation to facilitate the granting of compulsory licences to meet legitimate developmental or public health needs. 289. We have witnessed on more than one occasion, in the Latin American region, the pressure that has been brought to bear on certain countries when they have wanted to use compulsory licensing. This reality did not escape the notice of the UN Secretary General's High Level Panel on Access to Medicines which, in a report published at the end of 2016, not only encouraged the use of compulsory licensing, but also called upon certain countries and the private sector to refrain from applying explicit or implicit pressure as well as tactics or strategies that undermine the right of WTO Members to use the flexibilities provided for under the TRIPS Agreement. According to the High Level Panel, cases of undue political and commercial pressure should be reported to the WTO and debated among Members in order to discourage such unwarranted practices.
The Council took note of the statements made.
34. The Chairperson invited the co-sponsors to introduce their submission on "Intellectual Property and the Public Interest".10

35. The representatives of South Africa; India; Brazil; China; Fiji; Ecuador; the Plurinational State of Bolivia; the United States; Indonesia; Colombia; Japan; Switzerland; the European Union; Republic of Korea; and Australia took the floor.

36. The Council took note of the statements made.

IP/C/M/86, IP/C/M/86/Add.1