H.E. Ambassador Dr. Walter Werner

South Africa

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

486.   Competition law and policy is important first for the recognition and secondly the use and application of IPRs. I think that the discussion we had is indicative of the progress that we have made in the TRIPS Council. The very name of the division that is responsible for intellectual property at the WTO contains a reference to competition and so this makes it relevant to the discussions that we have in this meeting. The second point that we would like to make, given the different approaches that we see in respect of competition or anti-trust law enforcement, is that we recognize that these different approaches are legitimate policy choices that countries make. 487.   In respect of the EU intervention, I would like to thank the distinguished delegate for the analysis and response to many issues that remain on the table and I think that the approach of the EU has demonstrated as an indicator to all of us that there is some sort of emerging communality in the way that we approach issues of competition and IP law in general.

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