461. For the purpose of having meaningful discussions under this agenda item, the delegation of Japan would like to ask other Members to note that it might be better to take a more thorough and cautious approach, taking into account not only the interests of third parties but also those of patent rights holders. As this delegation reiterated, the HLP report should not constitute the basis for this discussion.
462. In this context, this delegation would also like to point out that provisions such as those in Article 31(k) and Article 40 of the TRIPS Agreement, rest on an intricate balance. Therefore, Japan believes that we should be cautious in discussing this agenda item. And these provisions should not be interpreted too broadly. Any measures taken under these provisions should be fully consistent with the TRIPS Agreement. From this perspective, this delegation shares the concern generally expressed by the United States delegation about document IP/C/W/643.
