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

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1. Meeting date

2. Chairperson

H.E. Ambassador Dr. Walter Werner

3. Intervention by

United States of America

4. Agenda item

12   INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: PROMOTING PUBLIC HEALTH THROUGH COMPETITION LAW AND POLICY

5. Statement/summary of statement

464.   The United States has provided its views on this agenda item during the two previous TRIPS Council meetings and references, but will not otherwise repeat, its June 2018 intervention on this agenda item. 465.   The United States continues to be of the view that intellectual property laws and antitrust laws share the common purpose of promoting innovation and enhancing consumer welfare, but also that intellectual property and competition are distinct disciplines implemented and overseen by different administrative authorities. 466.   The United States continues to express reservations regarding discussion of this subject matter in this forum, as relatively few TRIPS Council delegates can be expected to have deep expertise both in intellectual property and competition law and policy. 467.   We note that there are already established forums, including the Organization for Economic Cooperation and Development (OECD) and the International Competition Network (ICN), which bring together the appropriate experts to discuss such issues. 468.   As we have demonstrated in the United States, IP and competition polices can and should coexist and complement one another. 469.   The United States is committed to achieving public health goals in a way that upholds IP rights and promotes competition. 470.   For more information on the United States' views on IP and competition, please refer to our June 2018 intervention.

6. Documents referred to in intervention

7. Conclusion

The Council took note of the statements made.

8. Summary of the agenda item (if available)

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.

9. Document symbol and date of distribution

IP/C/M/91, IP/C/M/91/Add.1, IP/C/M/91/Corr.1
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