148. The representative of Switzerland said that it was important to hear about Members' national implementation of the paragraph 6 Decision. In this regard, he recalled that Canada and Norway had already announced that they had adopted implementing legislation as exporting countries and that the European Communities had provided information on the preparation of similar legislation. Switzerland was preparing, in the context of the revision of its Patent Law, a proposal on the implementation of the paragraph 6 solution. Switzerland had been confident in initiating this work based on the WTO waiver Decision currently in place, without waiting for the outcome of the efforts to incorporate it in the TRIPS Agreement, trusting, however, that these efforts would leave the substance of that Decision intact. All substantive elements of the Decision would be faithfully reflected in this legislation, including effective and deterrent measures to avoid such pharmaceuticals being diverted to other markets for commercial purposes.
149. Switzerland had opted out of the paragraph 6 solution as an importing country, but intended to provide the possibility of compulsory licensing of patented pharmaceuticals for exportation purposes, in order to assist countries without, or with insufficient, manufacturing capacity that needed to address a public health problem such as HIV/AIDS, tuberculosis or malaria. Rather than seeing compulsory licensing in the forefront as a solution to improve access to medicines in needy developing countries, he believed that negotiations with the right holders of patented pharmaceuticals needed in these countries promised a swifter and a more suitable solution to affordable prices. Nevertheless, Switzerland had responded to the concerns of Members most interested in the paragraph 6 issue by joining the consensus on the paragraph 6 Decision and was willing to follow suit at the national level. The Swiss delegation was interested in hearing about national implementation efforts also from those Members which had made the case for the high degree of urgency for this solution throughout the negotiation process at the multilateral level.
150. Turning to the TRIPS Council's report to the General Council foreseen in paragraph 8 of the Decision, the Chairman said that, in anticipation of this, the Secretariat had prepared a draft cover note to this report which was available outside the room. The draft cover page contained factual information on the use of the system established under the Decision and on the work on the preparation of an amendment to the TRIPS Agreement pursuant to paragraph 11 of the Decision. He suggested that the Council agree on the contents of the draft cover note and that the part of the minutes of the meeting reflecting the discussion held under this agenda item be attached to it.
