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

H.E. Ambassador Xolelwa Mlumbi-Peter
14 INTELLECTUAL PROPERTY AND PUBLIC INTEREST: BEYOND ACCESS TO MEDICINES AND MEDICAL TECHNOLOGIES TOWARDS A MORE HOLISTIC APPROACH TO TRIPS FLEXIBILITIES
476.   Once again, we appreciate South Africa's proposal. COVID-19 seriously threatens human health and safety, causes huge negative effects to the functioning of global supply chain and poses grave challenges to the normal supply of relevant medicines, medical equipment and PPEs. China thinks that in the current situation, Members are fully entitled to utilizing flexibilities in the TRIPS Agreement and the Doha Declaration on the TRIPS Agreement and Public Health to maintain public health. 477.   In China's domestic laws, patent is the major field where TRIPS flexibilities are employed to ensure access to medicines and medical technologies. China's Patent Law has a special chapter on compulsory licensing. It stipulates that in emergency or extraordinary situations, or for public interest objectives, the Chinese patent administrative agency can issue compulsory licensing of inventions and utility models. In 2012, China issued Measures for Compulsory Licensing for Patent Exploitation and operationalizes the application and granting procedures of compulsory licensing. Besides, China's Patent Law also allows parallel imports. 478.   China always holds the view that a right balance should be achieved between IP right holders and public interest. The protection of IP rights should go in parallel with legitimate use of TRIPS flexibilities. We support an open and inclusive discussion of IP and Public Interest so that Members can freely exchange views and experiences in utilizing TRIPS flexibilities.
The Council took note of the statements made.
55.   The Chair said that this item had been put on the agenda at the request of South Africa. A communication concerning had been circulated in document IP/C/W/666. She invited South Africa to introduce the item.
56.   The representative of South Africa took the floor to introduce the item.
57.   The representatives of Nigeria; Indonesia; Chile; Tanzania, on behalf of the African Group; Colombia; China; Malaysia; Zimbabwe; India; Chinese Taipei; Canada; the United Kingdom; the European Union; Ecuador; Australia; Switzerland; the United States of America; Sri Lanka; Japan; and the WHO took the floor.
58.   The Council took note of the statements made.
IP/C/M/95, IP/C/M/95/Add.1