Comments on TRIPS Council Chairman's Text

Comments on TRIPS Council Chairman's Text released on November 19, 2002

Certainly this draft limits the scope of diseases in a terrible way - to products "needed to address the public health problems referred to in paragraph 1 of the Doha Declaration."

"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."

This is designed to limit the agreement to "HIV/AIDS, tuberculosis, malaria and other epidemics." This is huge victory for EC/Lamy/US/Zoellick/IFPMA/PhRMA, and quite a setback for patients in developing countries who are unfortunate enough to suffer from some other disease.

US/EU/PhRMA succeed in requiring a 31.f solution. And in requiring Trade Ministers to notify WTO for each export license, something that Trade Ministers are not likely to enjoy doing, and will probably seek to avoid. This is in addition to notice to patent owners. Cross border compensation setting mechanisms not spelled out. Will export country be in charge of what is affordable in importing country?

The draft is clearly designed to prejudice the ability of a country to implement an Article 30 case on its own. The EU Amendment 196 would clearly be prejudiced by this draft, as would Rep. Brown's US Public Health Emergency bill.

Clearly protectionist language on regional trade agreements, excluding developed economies, even when in agreements like NAFTA there are mixed members. So that Mexico could not export to USA, even if USA issued a CL.

Huge opportunity cost. How many bites at the apple do people think there will be? Consumers in all countries will be worse off with this text.

Huge face saving PR benefit to Lamy and Zoellick, who can look good while doing bad.

Here is the TRIPS Council Chairman's Text released on November 19, 2002

Return to: CPTech Home -> Main IP Page -> CPTech Page on WTO -> Paragraph 6 Solution