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

H.E. Ambassador Dr Walter Werner
13 INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: PROMOTING PUBLIC HEALTH THROUGH COMPETITION LAW AND POLICY
473.   We note the intervention from the European Union. I think firstly, as we indicated, competition-related provisions are squarely within the ambit of the TRIPS Agreement. Secondly, we believe that, as many delegations indicated, the IP and competition-related issues are complementary to one another. As a result, this is a topic which is useful. Of course, competition law in its general meaning perhaps is broadly applied, but when it comes to the application and exercise of IP rights, there may be certain abusive practices that may be regulated by the application of competition law norms. As a result, the proponents believe that there is more scope to discuss national experiences and will formulate a focused discussion, bringing out some more examples of how IP and competition law can co-exist and how the application of these norms in a complementary way will lead to increased societal benefits.
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