H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)

Australia

13 EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS

471.   Australia recognizes the challenges LDCs continue to face in reaching their development goals, exacerbated by COVID-19. Australia calls on WTO Members to support an outcome that responds to the unique position of LDC Members, while recognizing the role that intellectual property can play as a tool for supporting innovation, investment and development. Any outcome should also be legally consistent with Article 66.1 of the TRIPS Agreement. 472.   Australia notes that even once Members are bound by all articles of the TRIPS Agreement, there are important flexibilities and exceptions enshrined in the Agreement and clarified by the 2001 Doha Declaration on the TRIPS Agreement and Public Health. Among other things, these flexibilities and exceptions protect Members' rights to take measures to protect public health. To this end, we encourage Members to cooperate in finding a mutually agreed period for LDCs to remain exempt from their TRIPS obligations.

The Council took note of the statements made and agreed to revert to the matter at its next meeting.

60. The Chair recalled that the transition period for least-developed country Members had been extended twice; most recently, by the TRIPS Council decision of 11 June 2013, and was currently set to expire on 1 July 2021, which was in less than four months' time. Regarding extensions of this period, the second sentence of Article 66.1 of the TRIPS Agreement provided that "The Council for TRIPS shall, upon duly motivated request by a least developed country Member, accord extensions of this period."
61. The LDC Group had circulated its request for an extension on 1 October 2020. Since then, she had held small-group consultations on this issue on 22 December 2020 and on 10 February 2021. From these consultations, her impression was that delegations were in principle favourable to extending the transition period for LDCs. As regards the specific modalities of such extension, some delegations expressed full support for the extension as requested, some expressed a preference for extending the period for a limited number of years, and others had additional questions on how the request for a transition period for graduated LDCs related to Article 66.1.
62. She reminded delegations of the limited time remaining before the current transition period expired and urged them to focus their interventions on any specific outstanding questions they might have, and to consider making concrete suggestions on possible outcomes, with a view to adopting a decision on extension at the next TRIPS Council meeting in June 2021.
63. The representatives of Chad, on behalf of the LDC Group; Bangladesh, on behalf of the LDC Group; the United Kingdom; South Africa; Chile; Tanzania, on behalf of the African Group; Turkey; China; India; Australia; Switzerland; the United States of America; Egypt; the European Union; Chinese Taipei; Tunisia; Japan; Indonesia; Nepal; and the Holy See took the floor.
64. The Chair proposed that the Council request the incoming Chair to hold consultations on this matter, with a view to working towards a concrete outcome for the June meeting.
65. The Council took note of the statements made and agreed to revert to the matter at its next meeting.

IP/C/M/98, IP/C/M/98/Add.1