Trips Agreement And Ldcs
As a transitional period approaches to allow least developed countries (LDCs) to avoid the introduction of certain IP rules that will expire next year, LDC members, led by Chad, have requested an extension that would allow them to exclude from implementation almost all the provisions of the Trade Related Intellectual Property Rights (TRIPS) agreement, including for pharmaceuticals, until they are no longer considered “less developed”. MsF calls on all WTO members to unequivocally support this request. 20 See details, WTO, “Intellectual Property: Least Developed Countries,” www.wto.org/english/tratop_e/trips_e/ldc_e.htm 64 The WTO-WIPO Cooperation Agreement of 22 December 1995 provides WIPO to provide developing countries with legal and technical assistance and technical cooperation within the framework of TRIPS. See the text of the agreement www.wto.org/english/tratop_e/trips_e/intel3_e.htm 38 See details “Criteria for Identification and Graduation of least developed countries,” unohrlls.org/about-ldcs/criteria-for-ldcs 8Scit cooperation plays an important role in establishing a strong technology base for LDCs. However, the enlargement decisions that have been taken so far do not appear to be related to support for the development and dissemination of technologies in the least developed or even relevant countries. Thus, the 2005 decision refers to the technical cooperation provided for in Article 67, which has no other purpose than to enable the implementation of the TRIPS agreement.12 it does not refer to Article 66.2, which requires members of industrialized countries to “put in place incentives for companies and institutions on their territory, It was also pointed out that the language of Article 66.2 was vague and that there were differences of opinion on the nature and quantity of incentives that should be granted to the private sector to encourage such transfers14. While Article 66.2 has led to an increase in incentives for technology transfer to LDCs15 7. Open to all WTO members, the TRIPS COUNCIL is the body responsible for managing the TRIPS agreement and in particular monitors the functioning of the agreement, www.wto.org/english/tratop_e/trips_e/intel6_e.htm Today, our work in more than 20 least developed countries faces the challenges faced by countries facing many challenges, including epidemics, conflicts and natural disasters. The COVID 19 pandemic has hit some LDCs hard, as they are already facing long-term challenges related to the fragility of health systems and the lack of sustainable access to affordable medical devices. Only a handful of LDCs have begun to develop their own production capacity.
The lack of a technological and industrial base in many LDCs hinders their ability to grow rapidly and produce the necessary medical tools. A departure from the ACCORD ON TRIPS rules during the LDC transition period would give LDCs as much leeway as possible to develop the necessary capabilities and ensure unfettered access to more affordable generic drugs. Chad stated that the current extension of the TRIPS provisions, with the exception of Articles 3, 4 and 5 (dealing with national treatment, the most favoured nation and multilateral agreements on the acquisition or maintenance of protection), will expire on 1 July 2021.