TRIPS patent agreement: final text

This article is more than 23 years old.

WORLD TRADE ORGANIZATION, MINISTERIAL CONFERENCE, Fourth Session,Doha, 9 - 14 November 2001

DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH

1. We recognize the gravity of the public health problems afflicting

many developing and least-developed countries, especially those resulting

from HIV/AIDS, tuberculosis, malaria and other epidemics.

2. We stress the need for the WTO Agreement on Trade-Related Aspects

Glossary

malaria

A serious disease caused by a parasite that commonly infects a certain type of mosquito which feeds on humans. People who get malaria are typically very sick with high fevers, shaking chills, and flu-like illness. 

of Intellectual Property Rights (TRIPS Agreement) to be part of the wider

national and international action to address these problems.

3. We recognize that intellectual property protection is important

for the development of new medicines. We also recognize the concerns

about its effects on prices.

4. We agree that the TRIPS Agreement does not and should not prevent

Members from taking measures to protect public health. Accordingly, while

reiterating our commitment to the TRIPS Agreement, we affirm that the

Agreement can and should be interpreted and implemented in a manner

supportive of WTO Members' right to protect public health and, in

particular, to promote access to medicines for all.

In this connection, we reaffirm the right of WTO Members to use,

to the full, the provisions in the TRIPS Agreement, which provide

flexibility for this purpose.

5. Accordingly and in the light of paragraph 4 above, while

maintaining our commitments in the TRIPS Agreement, we recognize that

these flexibilities include:

(a) In applying the customary rules of interpretation of public

international law, each provision of the TRIPS Agreement shall be read in

the light of the object and purpose of the Agreement as expressed, in

particular, in its objectives and principles.

(b) Each Member has the right to grant compulsory licences and the freedom

to determine the grounds upon which such licences are granted.

(c) Each Member has the right to determine what constitutes a national

emergency or other circumstances of extreme urgency, it being understood

that public health crises, including those relating to HIV/AIDS,

tuberculosis, malaria and other epidemics, can represent a national

emergency or other circumstances of extreme urgency.

(d) The effect of the provisions in the TRIPS Agreement that are relevant

to the exhaustion of intellectual property rights is to leave each Member

free to establish its own regime for such exhaustion without challenge,

subject to the MFN and national treatment provisions of Articles 3 and 4.

6. We recognize that WTO Members with insufficient or no

manufacturing capacities in the pharmaceutical sector could face

difficulties in making effective use of compulsory licensing under the

TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious

solution to this problem and to report to the General Council before the

end of 2002.

7. We reaffirm the commitment of developed-country Members to provide

incentives to their enterprises and institutions to promote and encourage

technology transfer to least-developed country Members pursuant to Article

66.2. We also agree that the least-developed country Members will not be

obliged, with respect to pharmaceutical products, to implement or apply

Sections 5 and 7 of Part II of the TRIPS Agreement or to enforce rights

provided for under these Sections until 1 January 2016, without prejudice

to the right of least-developed country Members to seek other extensions

of the transition periods as provided for in Article 66.1 of the TRIPS

Agreement. We instruct the Council for TRIPS to take the necessary action

to give effect to this pursuant to Article 66.1 of the TRIPS Agreement.

WT/MIN(01)/DEC/W/2, 14 November 2001, (01-5770)

Thanks to Zackie Achmat of Treatment Action Campaign, South Africa, for sourcing this text.