Geneva, 11 June 2013 — Ahead of a transition period that allows least-developed countries (LDC) to avoid introducing some intellectual property rules expiring this month, LDC members of the World Trade Organization (WTO) requested an extension that would enable them to remain exempt from implementing nearly all provisions of the TRIPS* agreement, including for pharmaceutical products, until they are no longer classified as ‘least-developed’. In the face of opposition led by the United States and the EU, a compromise was developed. WTO members agreed to extend the deadline by eight more years, until 1 July 2021.
MSF responds as follows:
- MSF welcomes the effort LDCs have made in trying to get a more comprehensive extension.
- MSF views the compromise as unsatisfactory in that the exemption is still time-bound (until 1 July 2021), instead of applying for as long as a country is classified as ‘least-developed’. By refusing to grant them a longer and more complete extension, the US and EU are deliberately ignoring the health challenges faced by LDCs.
- Given these shortcomings, MSF urges LDCs to request a more comprehensive extension (i.e. not time bound and without subjecting to any binding or non-binding conditions.) before the exemption period specifically related to pharmaceutical products (granted in 2002) comes to its end on 1 January 2016. Note that the waiver agreed this week is without prejudice to the extension period on pharmaceutical products, but in general it does cover pharmaceutical products.
- Positively, however, LDCs are now in a position to roll-back existing level of IP protection to meet domestic policy objectives, and should do this in the years ahead.
*TRIPS - Trade-Related Aspects of Intellectual Property Rights