H.E. Ambassador Dr. Walter Werner

Canada

6   ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM (PARAGRAPH 7 OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH)

122.   The Government of Canada considers access to medicines to be a key priority in our ongoing efforts to promote global health and prosperity. Canada recognizes that improving access to medicines needs to be achieved through the promotion of health equity, stronger health systems, and universal health coverage. Indeed, Canada's international development priorities and significant investments in strengthening health systems and the health and rights of women and children are contributing to improved access in this regard. 123.   Canada is a global leader in supporting partnerships such as the Global Fund to Fight AIDS, Tuberculosis and Malaria; the Global Drug Facility; and Gavi, the Vaccine Alliance, which strengthens health systems and provides targeted programming to increase access to medicines and vaccines. 124.   In September 2016, Canada hosted the Fifth Replenishment Conference of the Global Fund and pledged CAD 804 million, which is roughly USD 613 million for 2017-2019. Canada is also the sixth largest donor to Gavi, having pledged CAD 520 million for 2016-2020. 125.   Canada's Access to Medicines Regime (CAMR), which implements Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, is another measure Canada uses to promote access to medicines. Canada continues to believe that CAMR is a useful and effective tool to enhance access to medicines in the specific circumstances the System was designed to address. In 2015, Canada amended the list of medications covered by CAMR to add three new antiretroviral drugs. Canada notified this Amendment to the TRIPS Council in June 2016. 126.   Canada also recognizes the 2017 entry into force of the Protocol Amending the TRIPS Agreement. The Amendment provides countries with another important tool to improve access to affordable medicines. As the only country to have exported medicine pursuant to the temporary waiver, Canada has always been a strong proponent of the Amendment, and would be pleased to share our experiences and lessons learned in implementing our own system with any Members who wish to learn more. 127.   It is also important to recall that no single factor is responsible for preventing access to medicines. As the Doha Declaration emphasizes, the WTO is part of wider action required to improve access to medicines. This is why Canada relies on a variety of measures to promote access to medicines. Our view is that only by addressing all of the factors affecting access to medicines can we end the tragedy of people suffering from treatable illnesses. To this end, Canada is open to discussing how best to promote access to medicines that considers all relevant factors and effective tools to promote access. Canada looks forward to learning more about the views of other Members on this issue, including with respect to Members' experiences, challenges, and other considerations.

The Council took note of the statements made.
The Council agreed on the draft cover note to the Report and to attach the record of the discussion to it.

17.   The Chair recalled that, in the past, the Special Compulsory Licensing System had been conducted pursuant to paragraph 6 of the 2003 Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. Since the entry into force of the Protocol Amending the TRIPS Agreement on 23 January 2017, the review also responded to the requirements that had now been incorporated into the amended TRIPS Agreement.
18.   Paragraph 7 of the Annex to the amended TRIPS Agreement and paragraph 8 of the 2003 Waiver Decision required the Council to review the functioning of the System annually, with a view to ensuring its effective operation. They also required the Council to report annually on the System's operation to the General Council. In the case of the Waiver Decision, the review was also deemed to fulfil the requirements of Article IX:4 of the WTO Agreement.
19.   The Chair informed Members about the status of acceptances of the Protocol Amending the TRIPS Agreement. The current period for accepting the Protocol ran until 31 December 2019. Since the last meeting in June 2018, Paraguay had deposited its instrument of acceptance with the Director-General on 4 July. The amended TRIPS Agreement was binding for 126 WTO Members. In other words, 38 Members were yet to accept the Protocol Amending the TRIPS Agreement. He encouraged those Members to complete their domestic procedures as soon as possible.
20.   When the TRIPS Amendment had entered into force in January last year, Members had noted that it would be useful to consider how to make this new procurement tool worked effectively in practice. He encouraged Members to engage in a constructive discussion, which could also build on earlier reviews. Members might find two documents particularly helpful to facilitate their considerations. The first was the Council's annual review of 2016 (circulated in document IP/C/76); and the second was the Secretariat's 2016 report on technical cooperation activities (circulated in document IP/C/W/618). Annex II of that report summarized key issues that delegations might wish to consider supporting the practical use of the System.
21.   The representatives of Brazil, India, Japan, Canada, the United States of America and Switzerland took the floor.
22.   The Council took note of the statements made.
23.   The Chair turned to the Report to the General Council. A draft cover note had been prepared by the Secretariat (circulated in document JOB/IP/32). It was modelled on previous years' reports and contained factual information on the implementation and use of the System. Under the section on the Amendment to the TRIPS Agreement, it also included a list of Members who were yet to accept the Protocol Amending the TRIPS Agreement. As for past reports, an extract from the Council's minutes on this agenda item would be attached to the cover note.
24.   The Council agreed on the draft cover note to the Report and to attach the record of the discussion to it.

IP/C/M/90, IP/C/M/90/Add.1