221. The representative of Malaysia supported the proposal of the African Group. As to paragraph (a), she agreed that there could be extensions provided that they would not be automatic. In this case, the developing country concerned would still need to justify its case before the TRIPS Council and her delegation would be willing to accept such an extension if the case would justify it.
222. As to paragraph (b) of the proposal, she agreed with the European Commission's statement that there were differences between patent rights and exclusive marketing rights. Consequently, in the absence of a definition of the latter, her delegation agreed with what was stated in proposal (b) when it said that Members had the right and freedom to define what exclusive marketing rights were when implementing the relevant TRIPS provisions on this matter.
