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JOINT NGO STATEMENT

TRIPS Council Decision On Extension of the Transition Period


Concerning Pharmaceutical Products

Today (6th November), the WTO-TRIPS Council adopted a decision granting


Least Developed Countries (LDCs) an exemption from patents and test data
protection for pharmaceutical products for a duration of 17 years.
With this exemption, LDCs will not be obliged to implement or apply or to
enforce patents as well as test data protection for pharmaceutical products until 1
January 2033.

Third World Network

This decision is without prejudice to the right of LDCs to seek additional


extensions of transition periods pursuant to Article 66.1 of the TRIPS Agreement.
This is consistent with LDCs right to not implement the TRIPS Agreement at
this level of their development.
The TRIPS Council also adopted a recommendation to the WTO General Council
for waivers from mailbox and exclusive marketing rights until 1 January 2033.
TWNHence,
World
Network
LDCs will
not be obliged to make available a mechanism for filing patent
36 rue de Lausanne,
Tel for
: 41 22 908
35 50
applications
pharmaceutical
products (mailbox) or to grant exclusive
1201 Geneva,
fax : 41 22 908 35 51
Switzerland
Email : twngeneva@bluewin.ch
marketing rights
to
such
applications
until 1 January 2033.
Website : www.twnside.org.sg

In numerous letters on this matter, civil society organizations have highlighted the
Geneva, 12 March 2010critical importance of this exemption from pharmaceutical patents and test data
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protection for the worlds poorest nations that suffer massive challenges in
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communicable diseases. Considering the dire socio-economic conditions in these

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countries,
they also need maximum flexibility in implementation of national laws
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to
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Auftrag von:
medicines.

To whom it may concern:

THIRD WORLD NETWORK GENEVA

Had the WTO-TRIPS Council granted the LDCs their desired and valid requests,
it would have
to the world that the WTO will take the necessary
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Miller
Administrator
steps to protect the poor and vulnerable. Instead, unfortunately due to strong
opposition mainly from the US, the WTO-TRIPS Council reached a decision to
accord LDCs a transition period of 17 years.

For this reason, the LDCs request for a pharmaceutical transition period until a
country ceases to be an LDC, has received almost universal unequivocal support
from civil society globally, international and UN agencies (WHO, UNDP,
UNAIDS, UNITAID) and the European Union with no declared opposition from
the WTO members except for the United States.

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Third World Network Geneva

Nevertheless, with this decision we urgently call on all Least Developed


Countries to actively use the created policy space this renewed transition
period provides and accordingly to take immediate steps to amend their
respective national laws to exclude pharmaceutical products from patent
protection and test data protection with explicit provisions that this would be
until 1 January 2033 or the expiry of such later transition period that may be
granted by the WTO Council for TRIPS.
SIGNATORIES:

The Asia Pacific Network of People living with HIV/AIDS (APN+); Both ENDS
(Netherlands); Bern Declaration (Switzerland); EquityBD (Bangladesh); Coastal
Association for Societal Transformation Trust (Bangladesh); Center for Health
Human Rights and Development (CEHURD)(Uganda); Health Action
International (HAI); Health GAP (Global Access Project); Knowledge Ecology
International; LDC Watch; MSF Access Campaign; Public Citizen; Third World
Network, Yolse (Burkina Faso).

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