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Geneva-- WTO member governments
broke their deadlock over intellectual property protection and
public health today (30 August 2003). They agreed on legal changes
that will make it easier for poorer countries to import cheaper
generics made under compulsory licensing if they are unable to
manufacture the medicines themselves.
The decision settles the one
remaining piece of unfinished business on intellectual property and
health that was left over from the WTO Ministerial Conference in
Doha in November 2001.
“This is a historic agreement for the WTO,” said
Director-General Supachai Panitchpakdi. “The final piece of the
jigsaw has fallen into place, allowing poorer countries to make full
use of the flexibilities in the WTO’s intellectual property rules
in order to deal with the diseases that ravage their people.
“It proves once and for all that the organization can handle
humanitarian as well as trade concerns,” he went on. “This
particular question has been specially difficult. The fact that WTO
members have managed to find a compromise in such a complex issue
bears testimony to their goodwill.
“It also gives WTO members a good momentum to take to the
Ministerial Conference in Cancún. I sincerely hope ministers can
work together to reach agreement on the other outstanding issues
that they will deal with in Cancún,” he said.
The decision waives countries’ obligations under a provision of
the WTO’s intellectual property agreement. Article 31(f) of the
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Agreement says that production under compulsory licensing must be
predominantly for the domestic market. This effectively limited the
ability of countries that cannot make pharmaceutical products from
importing cheaper generics from countries where pharmaceuticals are
patented.
In the decision, WTO member governments have agreed that the waiver
will last until the article is amended.
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