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

Ambassador Al-Otaibi (Kingdom of Saudi-Arabia)
9.1 Protocol Amending the TRIPS Agreement
209. Australia adds its voice in support of the TRIPS Protocol's entry into force before this December's Ministerial Conference. This outcome will benefit Members by providing a permanent legal basis for countries to import medicines to help address public health needs if they have no or limited capacity to produce medicines. 210. Australia commends Members from every region and at every stage of development that have already accepted this important instrument. We welcome the Protocol's recent acceptance by Brunei Darussalam. Australia encourages Members yet to do so to take this important step. 211. Australia accepted the Protocol in 2007, and while the Protocol's acceptance does not necessarily require legislative action, in February 2015 the Australian Parliament passed legislation implementing the Protocol in our domestic system. This will allow Australia to assist countries which do not have the capacity to manufacture or purchase their own medicines. 212. This scheme extends to non-WTO Members, consistent with the humanitarian principles underpinning the TRIPS Protocol. These measures will come into effect on 25 August 2015, and we will notify the measures in due course.
The Council took note of the statements made.
9.1. The Chairman recalled that, at its last meeting, the Council had been informed by his predecessor about the Director-General's renewed efforts that he had undertaken earlier this year in order to secure the entry into force of the TRIPS amendment by MC10.

9.2. As outlined by the Director-General in his statement at the General Council in February, entry into force of the amendment would give this new compulsory licensing mechanism the same status as all other public health-related flexibilities under the TRIPS Agreement. It would provide a permanent legal pathway that strengthens the System's future potential to facilitate export of medicines that was needed by patients in developing countries. And it would respond to widespread calls within the UN, including from the UN Economic and Social Council and the UN General Assembly, to complete the process of acceptance.

9.3. These earlier initiatives by the Director-General had triggered significant interest in many WTO Members who were yet to accept the TRIPS amendment. Other Members who had already accepted the TRIPS Protocol had also confirmed their availability to assist and share their experience with Members concerned.

9.4. Reportedly, considerable progress had been made in domestic acceptance procedures in some of the Members concerned. This said, since the last meeting in February, only Brunei Darussalam had formally deposited its instrument of acceptance.1

9.5. In his capacity as the Chair of the Council, he therefore had taken the initiative to suggest, in a communication that had been circulated by the WTO Secretariat in a fax dated 26 May 2015, that the issue of cooperation to facilitate domestic procedures to accept the TRIPS Protocol and thus ultimately to support the entry into force of the TRIPS amendment be raised under the agenda item on technical cooperation. At this stage, he still hoped that this goal could be achieved in time for MC10 later this year. For this to happen, it was necessary that another 26 Members submit their respective instruments of acceptance to the WTO.

9.6. His initiative built on past work in this Council that had recognized the need for technical assistance concerning the acceptance process and had also provided support to Members in this area. In his communication, he had proposed that Members concerned come prepared to this meeting to share information about any potential needs for further assistance and experience sharing and to inform the Council about the steps taken in order to complete their domestic acceptance procedures since the letter of the Director-General in February.

9.7. The representatives of Chile; India; the European Union; Bangladesh on behalf the LDC Group; Australia; Brazil; the Republic of Seychelles; Chinese Taipei; Pakistan and Rwanda took the floor.

9.8. The Council took note of the statements made.

IP/C/M/79, IP/C/M/79/Add.1