40. The representative of the Czech Republic said that any solution acceptable to all Members would have to be consistent with the architecture of relevant provisions of the TRIPS Agreement itself. Drawing a distinction between different categories of countries at this stage was not going to help solve national emergencies or other extreme situations. An a priori exclusion from the solution would not be effective to help Members in such circumstances. A case-by-case approach to assessing manufacturing capacity, based on clear and transparent objective criteria in importing countries, was a very constructive and reasonable approach. Once the criteria and conditions under which paragraph 6 could be invoked, as well as safeguards against abuses and diversion, were decided it would be easier to reach a consensus as to who should have access to the system.
