Ambassador Alfredo Suescum (Panama)

Suiza

12 THE UNITED NATIONS SECRETARY-GENERAL'S HIGH LEVEL PANEL REPORT ON ACCESS TO MEDICINES

236. My delegation also refers to its intervention on this ad hoc agenda item at the last TRIPS Council meeting. Let me recall today just two points: the access to medicines discussion is an important one. Switzerland has been fully supportive, committed and actively participating in all mandated work that this Council has done on IP and access to medicines in the WTO and TRIPS context. I refer, in particular, to the negotiations leading to the Paragraph 6 System and its introduction into the TRIPS Agreement through Article 31bis. Obviously, Switzerland’s commitment applies similarly to the relevant work on access to medicines at the WHO, which Switzerland considers to be the core competent international organization for access to medicines issues, and it also extends to WIPO, when IP aspects have been primarily concerned. 237. Concerning the HLP Report on Access to Medicines, we recall that it was not mandated by WTO Members or commissioned by UN Member States. The Report has no formal status in this Organization. Other reports on IP and access to medicines have been commissioned and published by dedicated panels and groups over the years. The TRIPS Council did not consider these reports or their recommendations and conclusions as instructing the Council's discussion.

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