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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: