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EU welcomes permanent WTO solution
on generic medicines
The EU welcomes the decision taken
today in the World Trade Organisation to amend the WTO
Agreement on Intellectual Property with a view to
improving access to medicines for developing countries.
The EU had called on WTO Members to adopt such measures
as part of a development package for the Hong Kong
Ministerial. This decision will allow poor countries
without manufacturing capacities in the pharmaceutical
sector to import generic medicines for humanitarian
purposes. It will replace the temporary decision adopted
by WTO on 30 August 2003 to this effect. This amendment
will safeguard the balance of rights and obligations of
the TRIPS Agreement. The EU took an active part, as
honest broker, in the negotiations on the amendment.
EU Trade Commissioner Peter Mandelson
said: “I am very glad that we have been able to reach
agreement on this important question. It is a first
contribution for a Hong Kong Ministerial development
package. The EU has worked hard for this outcome and
welcomes that others have moved to make this possible.”
The EU is fully committed to
implement at EU level the system set up by the decision.
Last week, the European Parliament cleared the way for
its full implementation by European Member States before
the end of the year. The EU calls on other WTO members
to implement the system as well.
Trade rules that answer the needs
of the poorest
This decision shows that the WTO
rules are flexible and that the WTO can adapt its rule
book to answer humanitarian concerns. This decision is a
positive signal before Hong Kong. It gives countries in
need a permanent solution to the problem of crucial
access to important medicines to treat pandemics. This
is a key part of the development package the EU has
proposed for adoption at Hong Kong.
This decision constitutes a key element in the fight
against communicable diseases, especially in poor
countries. Measures like this that make cheaper drugs
available need to be combined with stable and
functioning healthcare systems and better public
awareness of disease risks through education.
A permanent solution for a
pressing problem
At the launch of the Doha Development
Agenda in Doha in November 2001, WTO members agreed to
find a solution giving developing countries with no
manufacturing capacity the possibility to import generic
drugs from third countries. A temporary solution was
found in August 2003. It has now been converted into a
permanent solution.
This decision transposes the WTO temporary decision of
30 August 2003 into an amendment of the WTO Agreement on
Trade-related Intellectual Property Rights (TRIPS
Agreement).
The amendment of the TRIPS Agreement will allow
countries to export generics to third countries with no
manufacturing capacity in the pharmaceutical sector, by
making effective use of compulsory licences. It includes
safeguards against abuse and trade diversion and rules
to ensure transparency. The decision also contains
provisions on transfer of technology and regional
cooperation.
WTO members will have until 1 December 2007 to ratify
the amendment in accordance with their national laws.
The decision is the final piece of the jigsaw to make
the Doha Declaration on the TRIPS Agreement and Public
Health fully operational. |
