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

Ambassador Dacio Castillo (Honduras)
6 REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH
110. The representative of India said that a dedicated workshop on the functioning of the System involving all stakeholders was needed in order to move beyond the annual ritualistic review of the System and related issues, which did not add any value to the debate. In his view, the System had been sub-optimally used so far as it had been used only once by a single country for a single drug and for a single supplier. Since the issue was of fundamental interest to most WTO Members, including developed country Members, it was important to hold such a dedicated workshop. It would provide an opportunity for a substantive discussion with the participation of all relevant stakeholders, including capital-based officials. Genuine efforts were being made by several countries to implement the System in their domestic legislation. His delegation had implemented it by incorporating Section 92-A in the Indian Patent Act. Canada, as the only country that had used the System once to supply HIV/AIDS medicines to Rwanda, had implemented it through CAMR. However, the Canadian generic companies had soon realised the complexities in the System and had publicly stated that they were unable to supply affordable generic medicines to the needy countries in Africa. He welcomed the information provided by the delegation of Canada on Bill C-398. 111. The representative of India asked how developed countries who had opted out of using the System would deal with a situation of shortage of affordable medicines in their countries in case of influenza pandemic or any other public health emergency. He sought clarity as to what steps were available to import medicines or vaccines to address such a shortage when patents or other IPRs presented a barrier. In particular, he referred to media reports according to which a German pharmaceutical company had stopped supplying life-saving cancer medicines to Greece on account of its inability to settle pending bills. He asked whether Greece as an opt-out country could issue a compulsory licence to manufacture the medicine locally to meet the domestic demand at an affordable price or, in case of insufficient manufacturing capacity, whether it could import the needed medicines from a generic manufacturer at an affordable price. 112. He also asked whether the provision of test data exclusivity in national legislation could act as a major hurdle in using the System. This question was particularly directed towards Members like the US and the EU, who were spear-heading the inclusion of such and other TRIPS plus provisions in free trade agreements and plurilateral agreements. It was his understanding that countries acceding to the WTO had also been obliged to provide for TRIPS plus provisions, including test data exclusivity.
IP/C/M/71