1. We recognize the gravity of the public health problems afflicting
many developing and least-developed countries, especially those
resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.
We stress the need for the WTO Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement) to be part of the
wider national and international action to address these problems.
We recognize that intellectual property protection is important for
the development of new medicines. We also recognize the concerns
about its effects on prices.
We agree that the TRIPS Agreement does not and should not prevent
members from taking measures to protect public health. Accordingly,
while reiterating our commitment to the TRIPS Agreement, we affirm
that the Agreement can and should be interpreted and implemented in
a manner supportive of WTO members' right to protect public health
and, in particular, to promote access to medicines for all.
this connection, we reaffirm the right of WTO members to use, to the
full, the provisions in the TRIPS Agreement, which provide
flexibility for this purpose.
Accordingly and in the light of paragraph 4 above, while maintaining
our commitments in the TRIPS Agreement, we recognize that these
applying the customary rules of interpretation of public
international law, each provision of the TRIPS Agreement
shall be read in the light of the object and purpose of the
Agreement as expressed, in particular, in its objectives and
member has the right to grant compulsory licences and the
freedom to determine the grounds upon which such licences
member has the right to determine what constitutes a
national emergency or other circumstances of extreme
urgency, it being understood that public health crises,
including those relating to HIV/AIDS, tuberculosis, malaria
and other epidemics, can represent a national emergency or
other circumstances of extreme urgency.
effect of the provisions in the TRIPS Agreement that are
relevant to the exhaustion of intellectual property rights
is to leave each member free to establish its own regime for
such exhaustion without challenge, subject to the MFN and
national treatment provisions of Articles 3 and 4.
We recognize 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. We instruct the Council for TRIPS to find an expeditious
solution to this problem and to report to the General Council before
the end of 2002.
We reaffirm the commitment of developed-country members to provide
incentives to their enterprises and institutions to promote and
encourage technology transfer to least-developed country members
pursuant to Article 66.2. We also agree that the 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, without prejudice to the right of
least-developed country members to seek other extensions of the
transition periods as provided for in Article 66.1 of the TRIPS
Agreement. We instruct the Council for TRIPS to take the necessary
action to give effect to this pursuant to Article 66.1 of the TRIPS
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