13. The representative of Switzerland introduced the non-paper circulated to all the Members in document JOB(02)/109. He said that paragraphs 1 and 6 of the Declaration should be read together and that the scope and product coverage of the solution must be circumscribed as precisely as possible by the context of the Declaration and these two paragraphs. He referred the Members to the non-paper and the thematic compilation put out by the Secretariat for a more detailed approach to this issue. In his view, the broader the range of diseases and products covered by the solution, the greater should be the conditions under which these benefits accrued.
14. With respect to the eligibility of beneficiary importing Members, he again referred to the language in paragraph 1 (developing countries and least-developed countries) and paragraph 6 (countries with insufficient or no manufacturing capacity) as guidelines to determine eligibility. It was in order to actualize this that Switzerland had made three proposals: first, to give a block exemption for least-developed countries without further examination of their manufacturing capacities and to follow a case-by-case approach for all other Members seeking eligibility. Such an examination would be done not by the TRIPS Council but by the Member itself, based on objective criteria to be decided by the Council with respect to the Member's own manufacturing capacity. Second, to make clear that a paragraph 6 solution, including the modalities and safeguards, should be applicable to products that were not patented by a country that sought eligibility to import. Third, to make clear that in no case should OECD countries benefit from the solution as paragraph 6 was intended for those countries with no production capacities or other, especially financial, means to negotiate fairly with suppliers. He said that Switzerland had no final position on eligibility of potential suppliers but that any decision on this should keep in mind that developing and least-developed countries should have an incentive to enhance their own manufacturing capacities.
