H.E. Ambassador Dr Walter Werner

United States of America

16.1 ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM

498.   Just as we are heading into a very busy time for preparing our reports for the next TRIPS Council, we want to caution against entering into consultations that may detract from that work. We do want to make sure that our reports are as comprehensive and helpful as possible, and we have taken into account and will continue to review the documents that you have submitted, but at this point in time it would be too great of a burden to enter into separate consultations before the next workshop.

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