Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Al-Otaibi (Kingdom of Saudi-Arabia)
Afrique du Sud
11 Request for an Extension of the Transitional Period under Article 66.1 for Least Developed Country Members with respect to Pharmaceutical Products and for Waivers from the Obligation of Articles 70.8 and 70.
386. I wish to start by recalling that as far back as 2001 in recognition of the unique circumstances of LDCs in particular, the need to improve access to public health by bringing life-saving drugs within reach of those in dire need, the WTO granted LDCs a specific exemption for pharmaceutical products in Paragraph 7 of the Doha Declaration on TRIPS and Public Health which was later adopted as a TRIPS Council decision. 387. Almost 15 years later the conditions that gave rise to the initial request continue to exist in many LDCs. Severe public health challenges continue to confront LDCs. As we have seen recently in West Africa, such public health challenges persist even after a country graduates from LDC status. We therefore fully support the LDCs request to be granted an unconditional expansion linked to graduation or for as long as a country remains an LDC. Article 66.1 of TRIPS states: "the Council for TRIPS shall, upon duly motivated request by [an LDC] Member, accord extensions of this period". 388. Accordingly we as the TRIPS Council are obliged to approve without conditions the duly motivated request that the LDCs submitted. The request that the extension of the transition period for LDCs to implement TRIPS be so long as they remain an LDC is fully justified under Article 66.1. Thus we request that all WTO Members honour their legal obligation under Article 66.1 and unconditionally accord to the LDCs their request that demands, in particular, a TRIPS Council decision expanding the transitional period with respect to pharmaceutical products for as long as a Member remains an LDC and lastly a General Council decision granting a waiver to LDCs from Article 70.8 and Article 70.9 obligations for as long as a WTO Member remains an LDC.
The Council took note of the statements made and requested the Chairman to consult on the matter before its next meeting in October.
11.1. The Chairman said that this item had been put on the agenda at the written request by the delegation of Bangladesh on behalf of the LDC Group.

11.2. The representatives of Bangladesh on behalf of the LDC Group; Uganda on behalf of the LDC Group; Lesotho on behalf of the Africa Group; South Africa; Nepal; Myanmar; Barbados on behalf of the ACP Group; Cambodia; Tanzania; India; Norway; Mali; Cuba; Brazil; the Republic of Yemen; Argentina; Togo; Canada; China; the United States; Japan; Chinese Taipei; Sierra Leone; Turkey; Haiti; the Democratic Republic of Congo; the European Union; Chile; Uruguay; Rwanda; Switzerland; Australia; the Holy See and the Secretariat of the WHO took the floor.

11.3. The Council took note of the statements made and requested the Chairman to consult on the matter before its next meeting in October.

IP/C/M/79, IP/C/M/79/Add.1