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

H.E. Ambassador Dr Walter Werner
United Nations Conference on Trade and Development (UNCTAD)
13 INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: PROMOTING PUBLIC HEALTH THROUGH COMPETITION LAW AND POLICY
476.   Referring to the communication from Brazil, China, India and South Africa on "Promoting Public Health Through Competition Law and Policy" (IP/C/W/643/ and Add.1) and based on our experience in providing technical cooperation in intellectual property and health in developing countries, UNCTAD would like to confirm the need to build capacities in the use of competition law and its interface with intellectual property rights and technology transfer in developing countries. 477.   In our technical cooperation activities, we emphasize the use of competition law and policy to strike a balance between innovation and access. For instance, we discuss cases where competition authorities in developed countries analysed abuses of IP and of drug regulatory laws to prevent market entry of generic competitors after patent expiry.
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