PHA-Exchange> Re: WTO: TRIPS Council grants LDCs extension until 2013 only and not 2021

[Davinia Ovett]

Dear colleagues,

 

Please accept my apologies for a mistake in the title of my email. The delay
granted to LDCs is until 1st July 2013 and not 2007.

 

Thanks for taking note.

 

Best wishes,

 

Davinia

 

Davinia Ovett

Programme Officer

3D -> Trade - Human Rights - Equitable Economy

15, Rue des Savoises

CH-1205 Genève

Switzerland

Tel: +41 22 320 21 21

Fax: +41 22 320 69 48

Email: dovett at 3dthree.org

Website: www.3dthree.org

 

 

  _____  

From: Davinia Ovett [mailto:dovett at 3dthree.org] 
Sent: 29 November 2005 16:51
To: 'ESCR-Right-to-Health at yahoogroups.com'; 'ESCR-TRADE at yahoogroups.com';
'pha-exchange at lists.kabissa.org'; 'AIDS_ASIA at yahoogroups.com'
Subject: WTO: TRIPS Council grants LDCs extension until 2007 only and not
2021

 

Dear colleagues,

 

I would like to inform you that the WTO TRIPS Council decided today, 29
November 2005, to extend the implementation period of the TRIPS Agreement
for Least Developed Countries (LDCs) for an additional seven years instead
of the fifteen years requested by LDC countries.

 

LDC members are meant to implement the TRIPS Agreement on 1st January 2006
unless they make a request for an extension. Zambia, on behalf of the LDC
members of the WTO, made a request on 13 October 2005 to extend this
implementation period an additional fifteen years (until at least 2021). See
WTO document IP/C/W/457.

 

Due to pressure from developed countries, LDCs were not able to obtain the
full delay they asked for. The compromise solution means they have a delay
until 1st July 2013.  

 

This may not be enough time for LDCs to undertake human rights impact
assessments of intellectual property rules and draft legislation that fully
takes into account all the flexibilities needed to ensure that intellectual
property rules do not undermine human rights (such as the right to food and
the right to education).

 

The delay is not supposed to affect the fact that LDCs have until 2016 at
least to implement patents on pharmaceuticals, according to the Doha
Declaration on TRIPS and Public Health. It is important that LDCs fully make
use of this delay and try to extend it.

 

The TRIPS Council did not come to a final decision on the issue of an
amendment to the TRIPS Agreement incorporating the import/export mechanism
for generic medicines under compulsory license (30 August Decision).  This
issue will most probably be left unresolved until after the WTO Hong Kong
Ministerial. 

 

Best wishes,

 

Davinia

 

Davinia Ovett

Programme Officer

3D -> Trade - Human Rights - Equitable Economy

15, Rue des Savoises

CH-1205 Genève

Switzerland

Tel: +41 22 320 21 21

Fax: +41 22 320 69 48

Email: dovett at 3dthree.org

Website: www.3dthree.org

 

 

 

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