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

H.E. Ambassador Dr Walter Werner
16.1 ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM
493.   We would like to briefly intervene on this item, recalling that, during past reviews of Article 66.2 reports, the LDC Group has often highlighted the importance for developed country Members presenting these reports to kindly follow the model that has been proposed in order to make this easier to use and easier to read in terms of determining the different actions that have been implemented or are under way. Furthermore, the Group has highlighted that it is important that the report is consistent with Article 66.2 which concerns actions and initiatives undertaken in favour solely of LDCs. We have had the opportunity to highlight that several reports have mixed initiatives targeting other developing countries, even with higher income. This makes it more difficult to determine the actions undertaken. 494.   To conclude, Chair, on this item, we have noted that the reports are in the majority only available in English and do not allow francophone countries to be able to send the reports back to capital in order to get feedback prior to the meeting. This in some way places countries with French as an official language at a disadvantage. Yesterday we discussed the document that the LDC Group has submitted with regard to the implementation of Article 66.2. This is an additional contribution to facilitate the discussion, putting forward a list of actions and initiative which could be undertaken in order to better encourage the provision of incentives to companies and enterprises so that these could voluntarily try to transfer technology to LDCs. We were not able to achieve consensus on that yesterday, and the Group would like you to hold consultations with the different parties that are involved or are interested, particularly developed countries, as this proposal is addressed to developed countries. We hope that we can hold consultations with those developed countries that have expressed reservations so as to quickly find a common understanding around this document. It is not a binding, but an indicative document, a guide in order to allow developed countries to meet their obligations.
58.   The Chair recalled that at the meeting on 30 January 2017, when the Council took note of the entry into force of the amended TRIPS Agreement, Members had said this would also be the moment to consider in greater detail how the Special Compulsory Licensing System could be effectively used as a practical procurement tool to respond to public health needs. In addition, Members had also proposed a number of accompanying measures, including legislative advice to implement the mechanism into domestic law and capacity building activities.
59.   The annual review of the System could be usefully guided by the issues that had already been identified in the Council's 2016 report on the Annual Review (circulated in document IP/C/76), as well as those listed in Annex II to the WTO Secretariat's Annual Report on its Technical Cooperation Activities (circulated in document IP/C/W/618). He planned to consult with Members, in the coming months, on how to prepare for a meaningful review. He invited delegations to contribute to the preparation and to participate in substantive discussions.
60.   The Council took note of the information provided.
IP/C/M/89, IP/C/M/89/Add.1