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

H.E. Ambassador Dr Walter Werner
394.   During the meetings of the TRIPS Council in 2017 and 2018, Members were actively involved in the issue of intellectual property and the public interest and good results have been achieved. China believes the protection of intellectual property rights should contribute to the mutual advantage of producers and users and to a balance of innovation and public interest. 395.   With regard to the relationship between intellectual property and competition, China's anti-monopoly law clearly stipulates that this law is applicable to the conduct by undertakings to eliminate or restrict market competition by abusing intellectual property rights. 396.   We believe that the scope of the use of intellectual property rights is not borderless. Intellectual property right holders shall not use intellectual property to restrict or hinder competition. 397.   But we also make sure that intellectual property rights are well protected within the scope of the laws and regulations. In the anti-monopoly of China, it is also clearly stipulated that this law is not applicable to conducts by undertakings to implement their intellectual property rights in accordance with relevant intellectual property laws and administrative regulations. 398.   China thinks that competition and the protection of IP rights do not oppose each other, instead they have common goals. These are promoting competition, enhancing innovation, protecting consumers and safeguarding public interest. 399.   In 2015, the former State Administration for Industry and Commerce formulated the "Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights". This regulation is more detailed and is made to implement principles of the Anti-Monopoly Law. 400.   Finally, China believes the discussion on intellectual property and public interest should be open and inclusive. Members could exchange views and experiences on how to take advantage of flexibilities in the TRIPS Agreement, including the competition law and policy.
44.   The Chair said that China and South Africa had initially requested the agenda item on Intellectual Property and the Public Interest: Promoting Public Health through Competition Law and Policy". It had also been cosponsored by Brazil and India. A communication had been circulated in document IP/C/W/643 and its addendum.
45.   The representatives of South Africa; Brazil; China; India; Indonesia; the United States; the European Union; Switzerland; the Republic of Korea; Australia; Japan; New Zealand; and UNCTAD took the floor.
46.   The Council took note of the statements made.
IP/C/M/89, IP/C/M/89/Add.1