Remarks by UNAIDS Secretariat and on behalf of UNDP: Capacity building on the Paragraph 6 System and related TRIPS flexibilities

The following statement was delivered on Wednesday, 27 October 2010 by the UNAIDS Secretariat and on behalf of UNDP during the Annual Review of Paragraph 6.

World Trade Organization
Council for TRIPS – Regular Session
Annual Review of Paragraph 6
Doha Declaration on the TRIPS Agreement and Public Health
Agenda item 4 – Capacity building on the Paragraph 6 System and related TRIPS flexibilities
Remarks by UNAIDS Secretariat and on behalf of UNDP
27 October 2010

Mr Chair, Distinguished Delegates

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Paragraph 6 system: Brazilian intervention at the WTO TRIPS Council

On Wednesday, 27 October 2010, Brazil delivered the following intervention during the annual review of the Paragraph 6 system at the WTO TRIPS Council. The Brazilian intervention followed Canada’s detailed explanation of her use of the Paragraph 6 system in the Apotex/Rwanda case. The Brazilian intervention voiced concern over the future prospects of access to competitively priced second and third line ARVs raising questions as to whether the Paragraph 6 system would be economically viable for generic producers.

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Canada’s Intervention to TRIPS Council: Experience using the System (Apotex-Rwanda Case)

On Wednesday, 27 October 2010, Canada delivered the three interventions to the WTO TRIPS Council related to the review of the Paragraph 6 system. The first intervention below details the Canadian experience using the Paragraph 6 system in the case of Apotex and Rwanda.

CANADA Intervention: (1) Experience using the System (Apotex-Rwanda Case)

As we recall, the 2003 WTO Decision on TRIPS and Public Health was an intensely negotiated decision that garnered unanimous support from all WTO Members.

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Brazilian intervention at TRIPS Council: ACTA

The following statement was delivered by Brazil at this week’s TRIPS Council.

TRIPS Enforcement Trends/ACTA – TRIPS Council – Intervention by Brazil

According to press releases circulated in the first week of this month, the negotiating process of ACTA is virtually concluded.

A few points only would still remain open and those points would not prevent a final agreement from being reached soon, according to statements released by authorities from the countries participating in the ACTA negotiations.

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USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility

Use of Article 1.1 of the TRIPS in the US/China WTO dispute over the enforcement of intellectual property rights

USTR claims that Article 1.2.1 of ACTA provides the flexibility to overlook inconsistencies between US law and ACTA. Below is the text from both Article 1.2.1 of ACTA, and Article 1.1 of TRIPS:

ACTA ARTICLE 1.2: NATURE AND SCOPE OF OBLIGATIONS
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Michèle Rivasi asks question about ACTA and Access to Medicine

225px-michel-rivasi.jpg Michèle Rivasi, a Member of the European Parliament, representing South East France for The Greens, has asked the European Commission: “Given the possible impacts of the inclusion of patents the agreement on access to medicines and on innovation, would the Commission consider accepting the exclusion of patents from the agreement as proposed by a number of ACTA negotiating parties?” The full text of her question follows:

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