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

Ambassador Eduardo Pérez Motta (Mexico)
C.ii Legal mechanisms
66. The representative of Australia said that it was important to find an expeditious solution and that for this reason he supported a waiver from among the proposals put forward. While his delegation was open to other options, comments made by various delegations so far had only strengthened his view that a waiver was the best way to move forward. He said that an amendment was not consistent with the expeditious solution required by the Declaration. A waiver could be applied quickly as all Members were aware of the procedures involved and it could be put in place for a long period of time and, further, it could be framed in such a way that a decision not to extend a waiver would require a consensus from all Members. He said that, more importantly, a waiver under Article IX:4 had in-built transparency. This was also supportive of anti-diversion measures under Article 44 of the TRIPS Agreement. It was his view that, for all those reasons, the solution of a waiver did not have to be an interim solution and could be the more permanent one that all the Members were looking for.