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Article 27.3(b), Traditional Knowledge, Convention on Biological Diversity | Public Health | Geographical Indications |
Technology Transfer
| Article 71.1 | Non-violation

Public Health

Countries:
Council for Trade-Related Aspects of Intellectual Property Rights
Title:
Implementation of Paragraph 11 of the General Council Decision of 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health
Content /
Proposals:
At its meeting of 6 December 2005, the Council for TRIPS decided to submit, in accordance with paragraph 1 of Article X of the Marrakesh Agreement Establishing the World Trade Organization, the attached proposal for a decision on an amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights.
  Date: 6 December 2005
Reference:
IP/C/41
 

Countries:
Canada
Title:
Council for Trade-Related Aspectsof Intellectual Property Rights
Content /
Proposals:
TRIPS Agreement and Public Health
  Date: 14 November 2005
Reference:
IP/C/W/464
 

Countries:

African Group

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The TRIPS Agreement and Public Health

Content /
Proposals:

The following communication, dated 31 March 2005, is being circulated at the request of the delegation of Rwanda on behalf of the African Group. This comprises a statement made by Rwanda on behalf of the African Group during the TRIPS Council meeting held on 31 March under the agenda item "Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health".

 

Date:

6 April 2005

Reference:

IP/C/W/445

 

Countries:

African Group

Title:

Council for Trade-Related Aspects of Intellectual Property rights- Implementation of Pargraph 11 of the 30 August 2003 Decision- Revision

Content /
Proposals:

The present document is a revised version of the Nigerian communication on behalf of the African Group previously circulated in IP/C/W/437. It takes account of a communication, dated 18 March 2005, from the Delegation of Rwanda on behalf of the African Group, which has requested the following amendment to be made: The words in the third line of paragraph [2](b) of the proposed Article 31 which read "this Article shall be paid in that Member" should be amended to read "this Article shall be paid by the exporting Member".

 

Date:

23 March 2005

Reference:

IP/C/W/437/Rev.1

 

Country:

United States

Title:

Council for Trade-Related Aspects of Intellectual Property rights- Comments on Implementation of the 30 August 2003 Agreement (Solution) on the TRIPS Agreement and Public Health

Content /
Proposals:

This paper sets forth the position of the United States with respect to the implementation of the 30 August 2003 solution pursuant to paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health and its transformation into an amendment to the TRIPS Agreement.

 

Date:

18 March 2005

Reference:

IP/C/W/444

 

Countries:

African Group

Title:

Council for Trade-Related Aspects of Intellectual Property rights- Implementation of Paragraph 11 of the 30 August 2003 Decision

Content /
Proposals:

This proposal by the African Group is aimed at providing the basis for the amendment. It is proposed to amend Article 31 of the TRIPS Agreement by adding a second paragraph to the Article so that the current text of Article 31 would become Article 31 paragraph 1 and the amendment text would become Article 31 paragraph 2. The proposed amendment would be based on the waivers with modifications, as appropriate.

 

Date:

10 December 2004

Reference:

IP/C/W/437

 

Country:

Report to the General Council

Title:

Council for Trade-Related Aspects of Intellectual Property rights- Annual Review of the Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health

Content /
Proposals:

Information on use of the system established under the Decision; Work on the preparation of an amendment to the TRIPS Agreement

 

Date:

8 December 2004

Reference:

IP/C/33

 

Countries:

The African Group

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Implementation of Paragraph 11 of the 30 August 2003 Decision

Content /
Proposals:

I. Introduction. II. Proposal for Ammending Article 31 of the TRIPS Agreement. III. Final Remarks. (The African Group proposes a way to ammendment Article 31 of the TRIPS Agreement).

 

Date:

30 November 2004 

Reference:

IP/C/W/437

 

Countries:

The European Communities

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Implementation of the General Council Decision on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health

Content /
Proposals:

I. Introduction. II. Domestic Implementation of the 30 August Decision and Technical Assistance. III. The Amendment of the TRIPS Agreement. (The EC takes the view that work on the amendment should take place according to the schedule set out in paragraph 11 of the Decision, which means that the process must be initiated in December 2003 and be terminated by end-June 2004 at the latest.)

 

Date:

11 Nov 2003 

Reference:

IP/C/W/416

 

Country:

General Council

Title:

Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health - Decision of 30 August 2003

Content /
Proposals:

The General Council decides that the obligations of an exporting Member under Article 31(f) of the TRIPS Agreement shall be waived with respect to the grant by it of a compulsory licence to the extent necessary for the purposes of production of a pharmaceutical product(s) and its export to an eligible importing Member(s) in accordance with the terms set out further.

 

Date:

2 September 2003 

Reference:

WT/L/540 (and General Council Chairperson's statement)

 

Countries:

European Communities

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Implementation of the DOHA Declaration on the TRIPS Agreement and Public Health

Content /
Proposals:

I. Introduction. II. Ensuring the effective implementation of the Doha Declaration. III. Specific technical and political issues raised by the Doha Declaration. IV. The importance of regional cooperation. V. Conclusion

 

Date:

24 June 2003 

Reference:

IP/C/W/402

 

Countries:

African, Caribbean and Pacific Group of States (ACP), Vanuatu

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health

Content /
Proposals:

WTO Negotiations on TRIPS and Public Health: position of the ACP countries with respect to affordable medicines for developing countries in the context of epidemics. The ACP countries requests that the issue of TRIPS and Public Health be addressed satisfactorily before the Fifth WTO Ministerial Conference to be held in Cancún.

 

Date:

28 May 2003 

Reference:

IP/C/W/401

 

Country:

The United Arab Emirates

Title:

Council for Trade-Related Aspects of Intellectual Property Rights

Content /
Proposals:

In the context of paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, the Government of the United Arab Emirates informs the TRIPS Council that it will join the group of WTO Members who will only make use of the system in cases of national emergency and other circumstances of extreme urgency, and accept the Chairman's text of paragraph 1(b) of the draft Decision.

 

Date:

4 April 2003 

Reference:

IP/C/W/399

 

Country:

US

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Moratorium to Address Needs of Developing and Least-Developed Members With No or Insufficient Manufacturing Capacities in the Pharmaceutical Sector

Content /
Proposals:

Further to the discussion in the TRIPS Council regarding paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, please find attached the provisions of the dispute settlement moratorium that was announced by the United States on 20 December 2002.

 

Date:

14 Jan 2003 

Reference:

IP/C/W/396

 

Country:

Note of the Chairman

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and the Public Health 

Content /
Proposals:

 

Date:

16 Dec 2002 

Reference:

JOB (02)/217

 

Country:

Kenya

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Elements of a Paragraph 6 Solution  

Content /
Proposals:

The Africa Group believes that the November 2002 TRIPS Council meeting should be in a position to come up with an initial draft for a solution to the paragraph 6 problem, in time for recommendations to the General Council by December in accordance with the Doha Ministerial instructions. The Group therefore commends the efforts of the Chair in holding useful consultations and timely producing and circulating his texts; and wishes through this communication to constructively contribute in this direction through concrete suggestions for improving upon that text so that this exercise can lead to a satisfactory outcome for all Members. 

 

Date:

14 Nov 2002 

Reference:

IP/C/W/389

 

Country:

Note by the Secretariat

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health: Information on Waivers  

Content /
Proposals:

I. Waivers granted in the WTO. II. Procedures used in reaching Agreement in the adoption of waivers. III. Review of multi-year waivers. IV. Dispute settlement practice in relation to waivers. 

 

Date:

24 Oct 2002 

Reference:

IP/C/W/387

 

Country:

Note by the Secretariat

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Proposals on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health: Thematic Compilation - Addendum 

Content /
Proposals:

A thematic compilation of five written proposals received. Procedural requirements of each proposed legal mechanism and experience with the use of each proposed legal mechanism.  

 

Date:

23 Jul 2002 

Reference:

IP/C/W/363/Add.1

 

Country:

Note by the Secretariat

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Proposals on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health: Thematic Compilation  

Content /
Proposals:

I. Measures to facilitate exports to members with insufficient manufacturing capacities. II Measures to facilitate production under compulsory licences in countries with presently insufficient manufacturing capacity. 

 

Date:

11 Jul 2002 

Reference:

IP/C/W/363

 

Country:

US

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health  

Content /
Proposals:

Considerations for developing an expeditious solution. Discussion of possible mechanism for giving effect to the solution: Article 30 and Article 31 of the TRIPS Agreement. 

 

Date:

9 Jul 2002 

Reference:

IP/C/W/358

 

Countries:

Kenya on behalf of the African Group in the WTO 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Proposal on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health 

Content /
Proposals:

Elements of the problem. Elements of the solution under paragraph 6. Annex: Draft Decision: Decision under Paragraph 6 of the Ministerial Declaration on the TRIPS Agreement and Public Health.

 

Date:

24 Jun 2002 

Reference:

IP/C/W/351

 

Countries:

Bolivia, Brazil, China, Cuba, Dominican Republic, Ecuador, India, Indonesia, Pakistan, Peru, Sri Lanka, Thailand and Venezuela 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Paragraph 6 of the Doha Declaration of the TRIPS Agreement and Public Health 

Content /
Proposals:

Paragraph 6 of the Ministerial Declaration on the TRIPS Agreement and Public Health should be read in light of the entire context of the Declaration, as well as of the flexibilities contained in the TRIPS Agreement. In this sense, WTO Members should avoid taking a narrow approach in considering expeditious solutions to the problem recognized in Paragraph 6.  

 

Date:

24 Jun 2002 

Reference:

IP/C/W/355

 

Country:

United Arab Emirates 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Paragraph 6 of the Doha Declaration of the TRIPS Agreement and Public Health 

Content /
Proposals:

United Arab Emirates' understanding of the Doha Declaration on the TRIPS Agreement and Public Health 

 

Date:

24 Jun 2002 

Reference:

IP/C/W/354 

 

Countries:

EU

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Paragraph 6 of the Doha Declaration of the TRIPS Agreement and Public Health 

Content /
Proposals:

Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health recognizes that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. Therefore, the Declaration instructs the TRIPS Council to find an expeditious solution to this problem and to report to the General Council before the end of 2002. The view of the EC is that finding "an expeditious solution" to this problem means, in effect, that one should be found before the end of 2002. The March 2002 TRIPS Council has allowed Members to present their preliminary views on the possible solution to the problem identified under paragraph 6 of the Declaration on the TRIPS Agreement and Public Health. At this meeting, four basic options were put on the table. 

 

Date:

20 Jun 2002 

Reference:

IP/C/W/352

 

Countries:

The European Communities and their Member States 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Concept Paper Relating to Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health 

Content /
Proposals:

I. Introduction. II. The problem. II.1 The legal angle. III. Possible solutions. III.1 Possible amendment of Article 31 of the TRIPS Agreement. III.2 Possible interpretation of Article 30 of the TRIPS Agreement 

 

Date:

4 Mar 2002 

Reference:

IP/C/W/339 

 

Countries:

Australia, Canada, Japan, Switzerland and US

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Preambular Language for Ministerial Declaration 

Content /
Proposals:

Access to medicines for HIV/AIDS and other pandemics 

 

Date:

4 Oct 2001 

Reference:

IP/C/W/313 

 

Countries:

African countries, Bangladesh, Barbados, Bolivia, Brazil, Cuba, Dominican Republic, Ecuador, Haiti, Honduras, India, Indonesia, Jamaica, Pakistan, Paraguay, Peru, Philippine, Sri Lanka, Thailand and Venezuela 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - General Council  

Content /
Proposals:

Ministerial declaration on the TRIPS Agreement and public health. 

 

Date:

4 Oct 2001 

Reference:

WT/GC/W/450 

 

Country:

Cuba 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights 

Content /
Proposals:

Statement by the Cuban Delegation on Intellectual Property and Access to Medicines, Council for TRIPS, 20 June 2001. 

 

Date:

5 Jul 2001 

Reference:

IP/C/W/299

 

Countries:

African Group, Barbados, Bolivia, Brazil, Cuba, Dominican Republic, Ecuador, Honduras, India, Indonesia, Jamaica, Pakistan, Paraguay, Philippines, Peru, Sri Lanka, Thailand and Venezuela 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights 

Content /
Proposals:

TRIPS and public health: I. Introduction. II. Context of the discussion on TRIPS and public health. III. TRIPS and public health 

 

Date:

29 Jun 2001 

Reference:

IP/C/W/296

 

Countries:

The European Communities and their Member States 

Title:

Council for Trade-related Aspects of Intellectual Property Rights 

Content /
Proposals:

The relationship between the provisions of the TRIPS Agreement and access to medicines. Background. Relevance of intellectual property. Compulsory licensing. Exceptions to patent rights. Protection of undisclosed information. Conclusion. 

 

Date:

12 Jun 2001

Reference:

IP/C/W/280 

 
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