[Ip-health] WTO TRIPS Council (June 8-9) to deliberate on Paragraph 6 implementation and TRIPS plus enforcement measures

Thiru Balasubramaniam thiru at keionline.org
Mon May 31 05:08:51 PDT 2010


WTO TRIPS Council (June 8-9) to deliberate on Paragraph 6  
implementation and TRIPS plus enforcement measures
By thiru
Created 31 May 2010 - 5:48am
The upcoming WTO Council for Trade-Related Aspects of Intellectual  
Property Rights (TRIPS Council) meets on 8-9 June 2010 (next Tuesday  
and Wednesday); Martin Glass (Hong Kong) is the current chair of the  
TRIPS Council. Access to attend WTO TRIPS Council meetings is only  
granted to WTO Members and organizations with observer status to the  
TRIPS Council (such as the World Health Organization); consequently,  
non-governmental organizations (NGOs) are not permitted to observe the  
proceedings of the TRIPS Council. At stake in next week's WTO  
deliberations is ensuring that the spirit of the Doha Declaration and  
the public health safeguards  embedded in the TRIPS Agreement are not  
eroded by the concerted enforcement agenda promoted the European  
Union, the United States, Switzerland and Japan in ACTA and other fora.

Brazil, Cuba, Ecuador, India, Indonesia and Venezuela specifically  
requested the TRIPS Council to hold a discussion item on the  
implementation of the Paragraph 6 mechanism at the June meeting. In  
addition, China and India requested the Council to hold a discussion  
item on TRIPS plus enforcement efforts. At previous meetings of the  
TRIPS Council, the Obama administration was the lone holdout in  
blocking consensus for the WTO to convene a technical workshop on  
reviewing the implementation of Paragraph 6, a mechanism designed to  
facilitate an expeditious solution for countries with 'insufficient or  
no manufacturing capacity in the pharmaceutical sector from making  
effective use of compulsory licensing under the TRIPS  
Agreement' (Paragraph 6, Doha Declaration on the TRIPS Agreement and  
Public Health). In the context of the the ongoing ACTA negotiations  
(the next meeting is in Luzerne from June 28-July 2) and the recent  
request by India and Brazil for consultations with the European Union  
over the  seizures of generic drugs in transit, the forthcoming TRIPS  
Council marks a test for WTO members' commitment to public health.


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru at keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997

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