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
499.   We take note of the suggestion of the United States. We know that drafting reports obviously takes time and involves a lot of energy and resources. However, these countries have already taken these initiatives and actions. We are not asking for additional research to find something that does not exist, or that is very difficult to find. This should not prevent consultations taking place on a document which may enable these countries to contribute more than what we are accustomed to receiving from them already. We want to be more specific. For several sessions, we have been raising this question, but there has been no progress on this. We now want to make progress, to move towards an effective implementation on this issue. We need incentives and encouragement perhaps, so that a viable and lasting technological system can be set up for the economies of our countries. This means that our countries have to be involved in international trade. We want to include countries in this category. Time must be found to have these consultations. These are not endless consultations: they are not going to take up so much time We are just talking about consultations which will make it possible to see how we can re-orient a document, which elements can be taken into account to give more encouragement and incentives. That is all we want, so we strongly encourage the United States and other developed countries to commit themselves so that we can finalise this certainly very useful document as early as possible.
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