25. The representative of Kenya, speaking on behalf of the African group, said that the solution under paragraph 6 should preserve the flexibility of the TRIPS Agreement and should be guided particularly by Articles 7 and 8 of the TRIPS Agreement. The essence of the matter, he said, was the affordability and availability of pharmaceutical products. The solution should be simple, easy to use and economically viable as opposed to a legal solution with additional obligations. Some of the proposals, like moratoria and waivers, were not durable proposals that addressed the lack of manufacturing capacity of countries, especially those in Africa. The representative said that on product coverage or diseases there should be no limitations and that the examples in the Declaration were not exhaustive. He said that with respect to assessment of eligibility and manufacturing capacity, there had been no change in his group's position that this should be done on a product-by-product basis. On the question of suppliers, he said that to restrict potential suppliers to any particular category of countries would not be in keeping with the principles of free and fair trade of the WTO.
