Ms Irene Young (Hong Kong, China)

Argentina

12 INTELLECTUAL PROPERTY AND THE PUBLIC INTEREST: REGULATORY REVIEW EXEPTION

420. My delegation would like to thank the co-sponsors of this agenda item for the communication in document IP/C/W/639. 421. A wide range of policy options are built into the international intellectual property regime that can be used to pursue public policy objectives, including public health and innovation. 422. These options are not self-actuating at the international level, though, and attention and action are needed at the domestic level as to how best to implement such flexibilities, so that the national IP regime responds to each country's individual needs and policy objectives. 423. This is why we agree with the thrust of document IP/C/W/639: indeed, Argentina is a country which has made use of the TRIPS flexibilities in drawing up its legislation, for instance the well known "Bolar" exception. 424. We need to maintain a balance between intellectual property rights and public interests, bearing in mind the importance of Articles 7 and 8 of the TRIPS Agreement in the light of document IP/C/W/639.

IP/C/W/639

The Council took note of the statements made.

36. The Chairperson said that this item had been put on the agenda at the request of the Plurinational State of Bolivia, Brazil, Chile and South Africa. A relevant communication from the co-sponsors had been circulated in document IP/C/W/639.

37. The representatives of Brazil, South Africa, El Salvador, Costa Rica, Chile, Singapore, Canada, China, Australia, Argentina, India, Indonesia, Switzerland, the United States, Chinese Taipei, Japan, and the European Union took the floor.

38. The Council took note of the statements made.

IP/C/M/88, IP/C/M/88/Add.1