KEI talking points on Article 11
7 November 2024
The proposed New 1(j) footnote under Article 11 for INB12 is a complex way of saying that countries will make efforts to negotiate voluntary agreements on technology transfer, but if that fails, they have and can use other options. Policies in the US and the EU make it clear that governments need the option to use non-voluntary measures, when voluntary measures are inadequate or not available.
The so-called Peace Clause in Article 11, says that “Parties . . shall not exercise any direct or indirect pressure to that effect to discourage the use of [TRIPS] flexibilities” to protect public health. This should not be so contentious. This is a period when rules should mean something, and when countries follow rules, they should not be subject to pressure. We hope that negotiators can reach a consensus on this issue.
We are pleased that Paragraph 6 in Article 11 is green, and we look forward to its implementation, given the importance of reforming national laws that are poorly suited to achieving the objectives and obligations of the treaty, on topics such as the necessary exceptions to intellectual property and regulatory exclusives during emergencies, conditions on publicly funded research and transparency.