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News Releases
No. 121/05
December 06, 2005
EU WELCOMES PERMANENT WTO SOLUTION ON GENERIC MEDICINES
The EU welcomes the decision taken today in the World
Trade Organisation to amend the WTO Agreement on
Intellectual Property with a view to improving access to
medicines for developing countries. The EU had called on
WTO Members to adopt such measures as part of a
development package for the Hong Kong Ministerial. This
decision will allow poor countries without manufacturing
capacities in the pharmaceutical sector to import
generic medicines for humanitarian purposes. It will
replace the temporary decision adopted by WTO on 30
August 2003 to this effect. This amendment will
safeguard the balance of rights and obligations of the
TRIPS (Trade-Related Intellectual Property Rights) Agreement. The EU took an active part, as honest
broker, in the negotiations on the amendment.
 EU
Trade Commissioner
Peter Mandelson
(pictured at left) said: “I am very
glad that we have been able to reach agreement on this
important question. It is a first contribution for a
Hong Kong Ministerial development package. The EU has
worked hard for this outcome and welcomes that others
have moved to make this possible.”
The EU is fully committed to implement at EU level the
system set up by the decision. Last week, the European
Parliament cleared the way for its full implementation
by European Member States before the end of the year.
The EU calls on other WTO Members to implement the
system as well.
Trade rules that answer the needs of the poorest
This decision shows that the WTO rules are flexible and
that the WTO can adapt its rule book to answer
humanitarian concerns. This decision is a positive
signal before Hong Kong. It gives countries in need a
permanent solution to the problem of crucial access to
important medicines to treat pandemics. This is a key
part of the development package the EU has proposed for
adoption at Hong Kong.
This decision constitutes a key element in the fight
against
communicable diseases, especially in poor
countries. Measures like this that make cheaper drugs
available need to be combined with stable and
functioning healthcare systems and better public
awareness of disease risks through education.
A permanent solution for a pressing problem
At the launch of the
Doha Development Agenda in Doha in
November 2001, WTO Members agreed to find a solution
giving developing countries with no manufacturing
capacity the possibility to import generic drugs from
third countries. A temporary solution was found in
August 2003. It has now been converted into a permanent
solution.
This decision transposes the WTO temporary decision of
30 August 2003 into an amendment of the WTO Agreement on
Trade-Related Intellectual Property Rights (TRIPS
Agreement).
The amendment of the TRIPS Agreement will allow
countries to export generics to third countries with no
manufacturing capacity in the pharmaceutical sector, by
making effective use of compulsory licences. It includes
safeguards against abuse and trade diversion and rules
to ensure transparency. The decision also contains
provisions on transfer of technology and regional
cooperation.
WTO Members will have until 1 December 2007 to ratify
the amendment in accordance with their national laws.
The decision is the final piece of the jigsaw to make
the Doha Declaration on the TRIPS Agreement and Public
Health fully operational.
For further information, please visit:
http://www.eurunion.org/newsweb/HotTopics.htm#dda.
Further Contact Information
Press and Media Relations
Delegation of the European Commission
2300 M Street, NW
Washington, DC 20037
http://www.eurunion.org/PressRoom
Tel: 202-862-9552
Fax: 202-429-1766
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