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The Council for Trade-Related Aspects of Intellectual Property Rights
(the “Council for TRIPS”),
Having regard to paragraph 1 of Article 66 of
the TRIPS Agreement;
Having regard to the instruction of the
Ministerial Conference to the Council for TRIPS contained in paragraph 7
of the Declaration on the TRIPS Agreement and Public Health
(WT/MIN(01)/DEC/2) (the “Declaration”);
Considering that paragraph 7 of the
Declaration constitutes a duly motivated request by the least-developed
country Members for an extension of the period under paragraph 1 of
Article 66 of the TRIPS Agreement;
Decides as follows:
1. Least-developed country Members will not be
obliged, with respect to pharmaceutical products, to implement or apply
Sections 5 and 7 of Part II of the TRIPS Agreement or to enforce rights
provided for under these Sections until 1 January 2016.
2. This decision is made without prejudice to
the right of least-developed country Members to seek other extensions of
the period provided for in paragraph 1 of Article 66 of the TRIPS
Agreement.
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