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

Ambassador Alfredo Suescum (Panama)
Bangladesh au nom de Pays les moins avancés
190. We just had a very good exchange during the last meeting on the Report and we are very happy to discuss the Report now. We consider that the Report of the High Level Panel is a significant and important step which has been long overdue, we admit that. Though we are now experiencing the highest level of scientific and technological development, this development is not even for everybody. For some this has even widened the existing divide. So it is a pity, that in spite of all these developments, we are yet to move forward to ensure the fundamental human right that is the right to health. LDCs have suffered most in the case of inequality, prejudice and unfairness in the multilateral system, and the issue of health was no different. Here the Report is very important for the LDCs, as observations and recommendations of the Report will be very useful for every country which considers the issue of access to medicines to be important. 191. The beauty of this Report is that it does not only deal with the existing multilateral agreements, rules and negotiations. It also sheds light on the current practices in international trade and commerce which in many cases may be contrary to the agreed international rules. The way the Report has been prepared, it cannot be said that the observations and recommendations are at variance with the current global IP regime. It calls for small rationalisation of IP regimes and its implementation, it examined all the possible causes for hindrances to access to medicines starting from policy making then the provisions of IP regime, profit motifs of the producers, determination of their cost of medicine and its development, strict provisions of some RTAs, transparency of the marketing of drugs, rewarding private funding and requirement of public funding for research and development. All these aspects were evaluated and considered when the public examined the issue of access to medicines. So it is not purely an IP issue, but many of the problems could be seen originating from or resulting ultimately into IP issues. We do not see the Report as an end in itself, as further discussion would clearly add to our comprehension and may make the recommendations even better. 192. Instead of just being critical about the Report we would be better off if we try to benefit from the useful elements of the Report, thus we may continue discussing the Report in the TRIPS Council in the future, for everybody's gain, as the Report has been prepared for the benefit of all in all countries, irrespective of the level of development.
The Council took note of the statements made.
63. The Chairman recalled that Brazil, China, India and South Africa had requested that this item be added to the agenda of the Council's meeting in November 2016. To introduce the item, they had also submitted a communication (document IP/C/W/619).

64. In the course of that discussion, the delegation of South Africa had requested that this item be continued as an ad hoc item at the next meeting and the Council so agreed.

65. Since this was a continuation of the discussion had held at the Council's meeting in November 2016, he briefly summarized what had been said at that meeting. According to the co sponsors, the request to add this item to the Council's agenda had been intended to facilitate an exchange of views on the recommendations of the High Level Panel, as well as to share national experiences regarding the use of TRIPS flexibilities. At the meeting in November 2016, some delegations had welcomed the discussion of the report in this Council while others had said that they needed more time to consider the recommendations. Some delegations had expressed concern about the narrow scope of the report and had noted that it had neither been mandated nor endorsed by Members of the United Nations.

66. The representatives of India; Bangladesh on behalf of the LDC Group; Brazil; South Africa; China; Indonesia; Nigeria on behalf of the African Group; Egypt; the United States; Japan; Canada; the Republic of Korea; Norway; the European Union; Switzerland; Australia; Chinese Taipei; and Chile took the floor.

67. The representative of the World Health Organization took the floor.

68. The Council took note of the statements made.

IP/C/M/85, IP/C/M/85/Add.1