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

H.E. Ambassador Dr. Walter Werner
453.   In 2018, Members are actively involved in the discussion of intellectual property and the public interest, the understanding of this issue has been deepened. In the third meeting, the relationship between IP and competition were discussed from the viewpoint of anti-unjustified competition, although divergences still exist, the discussion were open and inclusive. China believes that our discussion today will further the understanding of this relationship. 454.   China reaffirms that TRIPS Council is an appropriate forum to discuss IP and competition issues. China believes the discussion will help Members to get a better understanding of this issue. 455.   In our point of view, firstly we believe that intellectual property protection should not exclude the application of competition law. Articles 6, 8.1, 31(k) and 40 of the TRIPS Agreement are closely related to competition. Actually, In WIPO and FTAs, this issue already has been discussed a lot. As an important forum for intellectual property, the TRIPS Council should discuss this issue as well. 456.   Secondly, China conducts investigation and law enforcement on monopoly issues in the field of medicine, including IP abuse excluding competition and others. In 2017, Guidelines for Operator's Pricing on Deficient Medicine and Drug Materials was introduced for this purpose. 457.   Finally, China emphasizes the discussion of IP and competition should be open, Members can exchange views and experiences on the flexibility articles in TRIPS including better understanding of competition laws based on their own legislations and practices.
The Council took note of the statements made.
37.   The Chair said that the item "Intellectual Property and the Public Interest: Promoting Public Health Through Competition Law and Policy" had been added to the agenda at the request of the of South Africa. A communication, which included questions to guide the discussion, had been submitted (IP/C/W/651).
38.   The representatives of South Africa, Costa Rica, Brazil, Indonesia, China, Switzerland, the United States of America, Japan and the European Union took the floor.
39.   The Council took note of the statements made.
IP/C/M/91, IP/C/M/91/Add.1, IP/C/M/91/Corr.1