Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Ambassador Eduardo Pérez Motta (Mexico)
C.i Scope and coverage
23. The representative of China said that the product scope provided for in the Declaration was a non-exhaustive one. With respect to beneficiary importing countries, she said that the Declaration made it clear that developing countries, in particular least-developed countries, should be among the main beneficiaries. She also agreed with the view that paragraph 6 should benefit all Members without further categorization, except those that might opt not to benefit from the solution. 24. Turning to the question of conditions, she said that it was unacceptable to consider safeguards or conditions that would in any way limit either the flexibilities of Members under the TRIPS Agreement or under the Declaration. However, appropriate safeguards that ensured legal predictability in the use of the provision could be considered by China. Such safeguards should not undermine the practicality of the solution or prejudice the existing right of countries to use Article 30 of the TRIPS Agreement. Although technology transfer was not a solution that was expedient enough, the Chinese delegate said that this was indispensable to the solution and, in this respect, she supported the proposal of the African group. She said that developed countries should provide incentives under Article 66.2, as reiterated in the Declaration, to enterprises and institutions in their territories to promote technology transfer to least-developed countries. Such measures would create stable manufacturing capacity in the pharmaceutical sector. As for the proposal of a waiver, she said that, although China did not oppose it, it was impractical to propose that consensus could be achieved on a case-by-case application of the waiver.