Ms Irene Young (Hong Kong, China)

Brésil

10 FIFTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT

222. We thank the Secretariat for preparing the documents as well as those Member States who have submitted their reports regarding the implementation of Article 66.2. This Article is part of the delicate balance that was reached during the Uruguay Round negotiations and has the goal of ensuring that all Members benefit from the provisions of the TRIPS Agreement. 223. Regarding the documents themselves, we have an observation concerning document IP/C/W/631, whose Section 3 refers to the activities by Japan in the pharmaceutical sector. In paragraph 18, the document mentions "substandard/spurious/falsely labelled/falsified/counterfeit", also known as SSFFC, as one of the areas of activities. This definition of SSFFC, however, is outdated. WHO's Seventieth World Health Assembly, held in May of this year, agreed that the term to be used from now on is "substandard and falsified medical products". The WHO decision states that, in the context of medical products, the term falsified "adequately includes all the various types of deliberate misrepresentation of a medical product in such a way which enables the specific exclusion of intellectual property rights". 224. Brazil recognizes the dangers posed by such products and we are committed to the fight against their circulation. Nevertheless, we urge delegations to follow the definition reached by the WHO, since the use of a standard name will allow for a more thorough and accurate comparison and analysis of reports. 225. For further details, I would refer to the WHO document A70/23, Appendix 3, which contains the decision regarding substandard and falsified medical products.

IP/C/W/631

The Council took note of the statements made and agreed to revert to the matter at its next meeting.

41. The Chairperson recalled that, as provided for in the Council's Decision on the Implementation of Article 66.2 of the TRIPS Agreement (IP/C/28), developed country Members were to submit annual reports on actions taken or planned in pursuance of their commitments under Article 66.2. They were required to provide new detailed reports every third year and updates in the intervening years.

42. The fifth set of detailed annual reports under this procedure had been presented to the Council in October 2015. Last June, the Council had requested developed country Members to update their annual reports in time for the present meeting, and the Secretariat had since circulated a reminder.

43. The Council had received updates to the annual reports from Japan, Australia, the United States, Canada, New Zealand, Norway, and Switzerland (IP/C/W/631 and addenda). The report from the European Union and some of its individual member States, namely Austria, the Czech Republic, Denmark, Estonia, Finland, Germany, Ireland, Sweden and the United Kingdom had been received shortly before the meeting and was being circulated as an addendum to document IP/C/W/631.

44. Paragraph 2 of the Council's Decision on the Implementation of Article 66.2 explained that the annual review shall provide Members with an opportunity to pose questions in relation to the information submitted and request additional information; discuss the effectiveness of the incentives provided in promoting and encouraging technology transfer to least developed country Members in order to enable them to create a sound and viable technological base; and consider any points relating to the operation of the reporting procedure established by the Decision.

45. The Chairperson said that, since some of the information had been received only very recently, and most of it was, so far, available only in its original language, she intended to give Members a further opportunity to comment on this information at the Council's next meeting.

46. At the request of LDC Members, the Secretariat had organized annual workshops on transfer of technology under Article 66.2 back-to-back to with the Council's end-of-year meeting. The 2017 workshop had been held the previous afternoon. She thanked the Secretariat for organizing it and the delegations involved for their constructive contributions.

47. The representatives of Norway; the European Union; Australia; the United States; Japan; New Zealand; Canada; Brazil; Cambodia on behalf of the LDC Group, and Haiti took the floor.

48. The Council took note of the statements made and agreed to revert to the matter at its next meeting.

IP/C/M/87, IP/C/M/87/Add.1