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

Ambassador Alfredo Suescum (Panama)
210. Indonesia welcomes this agenda item and fully supports the ensuing discussion on IP laws and public health to take place in this Council. As a country with a population of 250 million people, the Indonesian Government sees the issue as a high priority and continues to work on policies that would help enhance pharmaceutical production, capacity to fulfil the need for affordable medicines and help technologies. IP protection is, indeed, an essential component for fostering research and innovation needed in developing pharmaceutical products. However, for those products to effectively serve their purpose a balance must be maintained between the rights of IP holders and the rights of people to have access to affordable medicines. 211. In line with the TRIPS Agreement and the flexibilities contained therein, the Indonesian Government has enacted a number of policies and regulations to support the strengthening of Indonesia's capacity to provide medicines to its people. While providing protection to right holders, Indonesia is also attempting to provide more opportunities and to drive and facilitate research and innovation important for the development of pharmaceutical products. We believe that fostering innovation itself is equally important as providing IP protection and that the two concepts go hand-in-hand instead of subsequently. Indonesia supports that this agenda item be maintained for the next meeting of the TRIPS Council, especially with regard to the discussion on patent protection and the possible conflict with the right to health and how it relates to issue of encouraging new inventions and patent applications. 212. We would also support a discussion that addresses the issue of compulsory licensing and how it can be made effective, especially now that the Protocol amending the TRIPS Agreement is in effect. We are of the view that this discussion is important in order for us to serve better the legitimate rights of individual Members to adopt and implement flexibilities in the TRIPS Agreement and to enable every Member to draft and adopt national regulations that are effective.
The Council took note of the statements made.
63. The Chairman recalled that Brazil, China, India and South Africa had requested that this item be added to the agenda of the Council's meeting in November 2016. To introduce the item, they had also submitted a communication (document IP/C/W/619).

64. In the course of that discussion, the delegation of South Africa had requested that this item be continued as an ad hoc item at the next meeting and the Council so agreed.

65. Since this was a continuation of the discussion had held at the Council's meeting in November 2016, he briefly summarized what had been said at that meeting. According to the co sponsors, the request to add this item to the Council's agenda had been intended to facilitate an exchange of views on the recommendations of the High Level Panel, as well as to share national experiences regarding the use of TRIPS flexibilities. At the meeting in November 2016, some delegations had welcomed the discussion of the report in this Council while others had said that they needed more time to consider the recommendations. Some delegations had expressed concern about the narrow scope of the report and had noted that it had neither been mandated nor endorsed by Members of the United Nations.

66. The representatives of India; Bangladesh on behalf of the LDC Group; Brazil; South Africa; China; Indonesia; Nigeria on behalf of the African Group; Egypt; the United States; Japan; Canada; the Republic of Korea; Norway; the European Union; Switzerland; Australia; Chinese Taipei; and Chile took the floor.

67. The representative of the World Health Organization took the floor.

68. The Council took note of the statements made.

IP/C/M/85, IP/C/M/85/Add.1