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TWN Info Service on Intellectual Property Issues (Apr13/09)
29 April 2013
Third World Network

Dear All,

130-plus legal and other academics from high-, middle-, and low-income countries who specialize in international intellectual property and trade law, development studies, human rights, and other related disciplines have written a letter in unequivocal support of the extension requested by Least Developed Country Members of the World Trade Organization (LDC Members) for an unconditional extension of the time period within which LDC Members must become compliant with the WTO TRIPS Agreement.

The letter is reproduced below.

Regards
Sangeeta Shashikant
Third World network.


Global Academics’ Expert Letter on LDCs’ TRIPS Extension Request

April 27, 2013

To WTO TRIPS Council Members:

We are 130-plus legal and other academics from high-, middle-, and low-income countries who specialize in international intellectual property and trade law, development studies, human rights, and other related disciplines.  We are writing in unequivocal support of the extension requested by Least Developed Country Members of the World Trade Organization (LDC Members) for an unconditional extension of the time period within which LDC Members must become compliant with the WTO TRIPS Agreement. Pursuant to the properly motivated request from Haiti on behalf of LDC Members, the extension for any particular country could last as long as that country was still an LDC. [1] LDC Members would retain freedom to amend national legislation to change or modify any existing intellectual property legislation subject only to compliance with national treatment and most favored nation treatment requirements.

Our support for the requested extension is grounded on both the history and language of Article 66.1 of the TRIPS Agreement [2] and on the need of LDC Members to retain policy space if they are to develop their technological base such that intellectual property protections might be helpful rather than harmful to their development processes.  In particular, our expert analysis is grounded on the following: 

(1) Article 66.1 was explicitly premised on a collective understanding at the WTO that LDC Members needed flexibility “to create a viable technological base” and that they had additional “special needs and requirements” with respect to “their economic, financial and administrative constraints”.   This understanding was also fully captured in the Preamble to the TRIPS Agreement.[3]

(2) This Article 66.1 consensus in turn reflected an understanding that the premature adoption of TRIPS-compliant intellectual property protections by LDC Members could impede the development of a viable technological base and other needed capacities or alternatively, at the very least, that countries needed to retain policy space to make their own decisions in this regard. Existing empirical evidence does not support the proposition that heightened intellectual property protections have had positive impacts on foreign direct investment, local innovation, technological capacity-building, or even development more broadly in LDCs. [4]

(3) Article 66.1 expressly permitted LDC Members to dismantle any intellectual property legislation that they had enacted prior to the adoption of the TRIPS Agreement or even during the original LDC transition period. This same right should have been granted in any further extensions thereof, meaning that the paragraph [5] stay-put provision in the 2005 extension  was improvidently granted and it should not be incorporated into the 2013 extension. [6]

(4) Pursuant to Article 66.1, WTO Members expressed an understanding that LDC Members needed a significant time period during which to develop their technological and other capacities and that the initial ten-year transition period – until 2006 – might be too short, thus directly allowing for one or more further “extensions” thereof.

(5) Experience has shown that very few LDCs have been able to graduate from LDC status since 1991 (only Botswana, Cape Verde, and the Maldives) and that those that have graduated have done so primarily on the basis of improved GDP rather than technological development per se.   Admittedly, several other countries are on the threshold of graduation,[7] but many LDC Members have not even approached eligibility for graduation.

(6) Experience under Article 66.1 also shows that a series of time-limited transition periods and extensions, such as the initial ten-year transition period and the seven and a half year extension granted in 2005, has been insufficient for technological transformation and capacity building for the vast majority of LDC Members, especially in light of developed countries having failed to facilitate meaningful technology transfer as required by Article 66.2.[8]  Thus, a much longer extension is needed during which LDC Members can devote their entire attention to development objectives.  There is WTO precedent for extensions that last as long as a Member is an LDC. [9]

(7) Technical assistance for LDC Members to date has ill-advisedly focused on capacity building for TRIPS-compliance pursuant to Article 67 [10] rather than on capacity building and technology transfer for development pursuant to Article 66, diverting the attention of both LDC Members and their development partners.  Thus, it would be inappropriate to include requirements with respect to reporting priority needs for TRIPS compliance in the current LDC extension request.[11]

(8) Premature adoption of TRIPS-compliant intellectual property regimes in LDC Members will adversely affect their ability to fulfill human rights obligations with respect to the provision of essential public goods including medicines, educational and scientific resources, food security, and technologies for environmental protection, energy conservation, and climate control/mitigation.  Intellectual property protections on key commodities and resources can lead to supra-competitive pricing and thus to unaffordability for LDCs Members and their citizens.

(9) Pursuant to Article 66.1, the TRIPS Council “shall … accord extensions” upon duly motivated requests, meaning that extensions are mandatory – a matter of right – rather than something that can be negotiated downward by developed country members.  Such extensions are to be granted by the TRIPS Council and therefore should not be postponed until the WTO general meeting in Bali in December of 2013.

(10) The adoption of the extension would not impede efforts of some LDC Members, if desired, to adopt certain forms of intellectual property, e.g., utility models or trademarks, or to experiment with early introduction of limited rights in other areas.  In other words, such differentiation will certainly be a possibility but not a requirement.

There have been reports that certain developed country Members, particularly the U.S. and E.U., are putting pressure on LDC Members and their allies to water-down their extension request and to accept a much shorter timeframe (as little as five years); a stay-put provision locking in existing levels of intellectual property protection; differential approaches for different intellectual property rights, i.e. patents and trademarks; and/or differential treatment for different LDC Members. 

In our opinion, all of these downward demands are unjustified and contrary to the language and spirit of Article 66.1.  On the other hand, we note that many organizations have expressed support for the LDC extension request, including UNDP and UNAIDS, [12] the Global Commission on HIV and the Law,[13] a consortium of 300 civil society organizations,[14] developing country Members,[15] and others.[16]

In conclusion, we repeat our unreserved support for the requested extension of the transition period for LDC Members to implement TRIPS so long as they remain an LDC and our conviction that this request is fully justified under Article 66.1 of the TRIPS Agreement and that arguments and efforts opposing it are unfounded. 

Very truly yours,

Professor Brook K. Baker, Northeastern U. School of Law, Program on Human Rights and the Global Economy, honorary research fellow University of KwaZulu Natal, USA

Professor Yousuf Vawda, University of KwaZulu Natal Faculty of Law, Academic Leader:  Public Law, S. Africa

Professor Amy Kapczynski, Yale Law School, USA

Professor Sean M. Flynn, American University, Washington College of Law, USA

Professor Robert Howse, Lloyd C. Nelson Professor of International Law, New York University School of Law, USA

Professor Pamela Samuelson, Richard M. Sherman Distinguished Professor of Law, University of California Berkeley Law School, USA

Professor Graham Dutfield, School of Law, University of Leeds, UK

Professor Andrew Lang, London School of Economics, Department of Law, co-founder Society of International Economic Law, UK

James Gathii, Wing-Tat Lee Chair in International Law and Professor of Law, Loyola Chicago University School of Law, USA

Professor Thomas Pogge, Leitner Professor of Philosophy and International Affairs, Yale University, USA

Professor Michael W. Carroll, Director, Program on Information Justice and Intellectual Property, American University, Washington College of Law, USA

Professor Peter Jaszi, American University, Washington College of Law, USA

Professor Kevin Outterson, Boston University Law School and School of Public Health, USA

Professor Sylvia Kierkegaard, President, Intl. Association of IT Lawyers (IAITL); Professor of Law, University of Southampton, Xi'an Jiatong University, UK and China

Professor Peter Drahos, Regulatory Institutions Network Director, Centre for the Governance of Knowledge and Development College of Asia Pacific, The Australian National University, Australia

Professor Dan Hunter, Director, Institute for Information Law & Policy, New York Law School, USA
Professor Talha Syed, University of California Berkeley Law School, USA

Professor Andrew Chin, University of North Carolina School of Law, USA

Professor Deborah Tussey, Oklahoma City University School of Law, USA

Professor Shubha Ghosh, University of Wisconsin Law School, USA

Professor Aziza Ahmed, Northeastern U. School of Law, USA

Professor Margaret Burnham, Northeastern U. School of Law, USA

Professor Dan Danielsen, Northeastern U. School of Law, USA

Professor Melinda Drew, Northeastern U. School of Law, USA

Professor Rashmi Dyal-Chand, Northeastern U. School of Law, USA

Professor Hope Lewis, Northeastern U. School of Law (affiliation provided for identification purposes only), USA

Professor Susan Maze-Rothstein, Northeastern U. School of Law, USA

Professor Michael Meltsner, Matthews Distinguished University Professor, Northeastern U. School of Law, USA

Professor Wendy Parmet, Assoc. Dean for Academic Affairs & Matthews Distinguished University

Professor, Northeastern U. School of Law, USA

Professor Deborah Ramirez, Northeastern U. School of Law, USA

Professor Sonia Rolland, (author, DEVELOPMENT AT THE WTO), Northeastern U. School of Law, USA

Professor Rachel E. Rosenbloom, Northeastern U. School of Law, USA

Professor Peter Sessa, Northeastern U. School of Law, USA

Professor Jessica Litman, University of Michigan Law School, USA

Professor Jon M. Garon, Director, NKU Chase Law + Informatics Institute, Northern Kentucky University Chase College of Law, USA

Professor J. Janewa Osei Tutu, Florida International University College of Law, USA

Professor Srividhya Ragavan,
University of Oklahoma College of Law, USA

Professor Liza Vertinsky, Emory School of Law, USA

Professor David K. Levine, John H. Biggs Distinguished Professor, Washington University, Department of Economics, USA

Suerie Moon, MPA, PhD, Research Director and Co-Chair, Forum on Global Governance for Health, Harvard Global Health Institute; Lecturer, Department of Global Health and Population, Harvard School of Public Health; Project Co-Director, Innovation and Access to Technologies for Sustainable Development, Sustainability Science Program, Harvard Kennedy School of Government, USA

Professor Donald W. Light, University of Medicine and Dentistry, New Jersey School of Osteopathic Medicine, Resident Fellow, Edmond J. Safra Center for Ethics, Harvard University; Visiting Researcher, Center for Migration & Development, Princeton University

Professor Dr. B.S. Chimni, Chairperson Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, India

Dr.V.C.Vivekanandan, Ministry of HRD IP Chair Professor, NALSAR University of Law, India

Sudip Chaudhuri, Professor of Economics, Indian Institute of Management, Calcutta, India

Professor Shamnad Basheer, Ministry of HRD Professor in IP Law, National University of Juridical Sciences, India

Professor Alberto J. Cerda Silva, University of Chile Law School, Chile

Professor Sylvia Kierkegaard, University of Southampton, Xi'an Jiatong University; President, Intl. Association of IT Lawyers (IAITL), UK & China

Professor Matthew Rimmer, ANU College of Law, Associate Director, the Australian Centre for Intellectual Property in Agriculture, Australia

Dr. Ken Harvey, Adjunct Associate Professor, School of Public Health, La Trobe University, Australia

Professor Aidan Hollis, University of Calgary, Dept. of Economics, Canada

Professor Lisa Forman, Dalla Lana School of Public Health; Director, Comparative Program on Health and Society, Munk School of Global Affairs, University of Toronto, Canada

Professor Joy Fraser, Athabasca University, Health Administration Faculty of Humanities and Social Sciences, Canada

Professor Cankat Tulunay, Ankara University, School of Health Sciences (Pharmacology), Turkey

Cailin Morrison, Lecturer in Law, University of Wolverhampton, UK

Andy Gray, Senior Lecturer in Pharmacology, Discipline of Pharmaceutical Sciences, University of KwaZulu-Natal, South Africa

Professor Jerome Singh, University of KwaZulu Natal, Faculty of Law, Head of Bioethics Department CAPRISA, University of Toronto Dalla Lana School of Public Health, S. Africa and Canada

Professor Patrick Bond, Director of Centre for Civil Society, University of KwaZulu Natal, Population and Development Studies, S. Africa

Charles Ngwena, Professor, Centre for Human Rights, University of Pretoria, South Africa

Caroline B. Bcube, Senior Lecturer, University of Cape Town, Intellectual Property Unit, Department of Commercial Law, S. Africa

Professor Lonias Ndlovu, University of Zululand, S. Africa

Dr Meri Koivusalo, Senior Researcher and international health policy analyst, National Institute of Health and Welfare, Finland

Professor Ingrid Schneider, University of Hamburg, FSP BIOGUM (Centre for Biotechnology, Society and the Environment - Medicine/Neuronal Sciences), Germany

Enrico Bonadio - Lecturer in IP law, City University London, UK

Dr. Kannamma Raman, Associate Professor Department of Civics and Politics, University of Mumbai, India

Dr. Ruth Mayne, University of Oxford, Environmental Change Institute, UK

Professor Hans Lofgren, Political and Policy Studies, Deakin University, Australia

Professor Chikosa Banda, Faculty of Law, University of Malawi: Chancellor College, Malawi

Carolyn Deere Birkbeck, Senior Researcher, Global Economic Governance Programme, University of Oxford

Professor Le๓n Felipe Sแnchez Ambํa, Facultad de Derecho de la UNAM, Mexico City, Mexico

Dr. Susan Isiko Strba, Senior Research Affiliate, University of Minnesota IP and Development Program, USA

Professor Scott S. Robinson, Universidad Metropolitana, Anthropology Dept., Mexico

Professor Joel Lexchin, MD, School of Health Policy and Management, York University, Canada

Warren Kaplan, PhD, JD, MPH, Center for Global Health & Development, Boston University School of Public Health, USA

Dr. Abbe E. L. Brown, Senior Lecturer, Deputy Head of Law School, University of Aberdeen, Scotland

Professor Matthew Flynn, University of Texas at Austin, Sociology Department, USA (for affiliation only)

Amani Thomas Mori, PhD Candidate, University of Bergen, Centre for International Health, Norway

Antonio Ugalde, Professor Emeritus, University of Texas, Department of Sociology, USA

Professor Nuria Homedes, USA

Joan Rovira, Professor Emeritus, Department of Economics, University of Barcelona, Spain

Professor Jerry Spiegel, School of Population and Public Health Director, Global Health Research Program, Liu Institute for Global Issues, University of British Columbia

Cesar Abadia, Associate Professor of Medical Anthropology and Public Health, Universidad Nacional de Colombia

Hugo Spinelli, Editor of Salud Colectiva, National University of Lan๚s, Argentina

Gonzalo Moyano, Coordinator of the network of pharmaceutical experts for ALAMES, Department of Health and Human Rights, Medical School, University of Buenos Aires, Argentina

Professor Albert Figueras, Dept. Farmacologia, Universitat Aut๒noma de Barcelona, Spain

Mauricio Torres-Tovar, President, International Association of Health Policy

Professor Tesh W. Dagne, Faculty of Law, Thompson Rivers University, Canada

Dr. Sebastian Haunss, Collaborative Research Center 597 - Transformations of the State, University of Bremen, Germany

Xavier Seuba, Senior Associate Researcher, CEIPI - Universit้ de Strasbourg, France

Gerard Porter, Lecturer in Medical Law and Ethics, School of Law, Edinburgh, UK

Dr. Phoebe Li, Lecturer in Law, Sussex Law School, University of Sussex, UK

Susan D. Foster, PhD, Professor of International Health, Boston University School of Public Health, USA

Joseph M. Fortunak, Associate Professor, Chemistry and Pharmaceutical Sciences, Howard University, USA

Professor Susan Craddock, Institute for Global Studies, University of Minnesota, USA

Dr. Deborah Gleeson, School of Public Health and Human Biosciences, La Trobe University, Australia

Juan Carlos Tealdi, Director, Programa de Bio้tica del Hospital de Clํnicas, Universidad de Buenos Aires, Argentina

Malebakeng Forere, Doctoral Research Fellow, World Trade Institute – University of Bern, Switzerland

Dr. Dannie Jost, Senior Research Fellow & Science Advisor, World Trade Institute, University of Bern, Switzerland

Romulo Brillo, Doctoral Research Fellow, World Trade Institute – University of Bern, Switzerland

Victor Sacu, Doctoral Research Fellow, World Trade Institute – University of Bern, Switzerland

Pedro Paranaguแ, Lecturer at Funda็ใo Getulio Vargas - FGV, Brazil

Hans G Ehrbar, Associate Professor, Department of Economics, University of Utah, USA

Margaret Chon, Donald & Lynda Horowitz Professor for the Pursuit of Justice, Seattle University School of Law, USA

Professor Dra Perla Mordujovich-Buschiazzo, Director, University Center of Pharmacology, School of Medicine, National University of La Plata, WHO/PAHO Collaborating Center, Argentina

Martin Hart-Landsberg, Professor of Economics, Lewis and Clark College, USA

Peter Sainsbury,
Adjunct Associate Professor, School of Public Health, University of Sydney, Australia

Veronica Fynn, Adjunct Professor, Faculty of Medicine, School of Population and Public Health, University of British Columbia, Canada

Michael Perlman, Professor of Economics, Chico California State University, USA

Nchamah Miller, Research Professor Galfisa Group, Institute of Philisophy of Havana, Cuba

Dr. Vijay Thawani, MD Associate Professor in Pharmacology, Government Medical College, India

Dr Nirmal Gurbani, Professor (Pharmaceutical Management), Indian Institute of Health Management Research (IIHMR), India

Nusaraporn Kessomboon, Associate Professor, Faculty of Pharmaceutical Sciences, Khon Kaen University, Thailand

Assoc. Dr. Jiraporn Limpananont, Social Pharmacy Research Unit (SPRU), Faculty of Pharmaceutical Sciences, Chulalongkorn University, Thailand

Corina Bontempo Duca de Freitas - CRMDF 2689, Funda็ใo de Ensino e Pesquisa em Ci๊ncias da Sa๚de - FEPECS-SESDF, Brasilia

Anahํ Dreser, Researcher- National Institute of Public Health, Mexico

Eva M. Moya, Assistant Professor, Department of Social Work, University of Texas at El Paso, USA

Antonio Alfau, Lecturer, Department of Modern Languages, Texas State University, USA

Jose Augusto Cabral De Barros, Social Medicine Professor, Pernambuco Federal University, Brazil

Ernesto Alfonso Selva Sutter, Jefe del Departamento de Salud P๚blica Universidad Centroamericana "Jos้ Sime๓n Ca๑as", El Salvador

Dra. Gabriela Arguedas Ramํrez. M.Sc., Profesora Escuela de Filosofํa, Universidad de Costa Rica

Rafaela Sierra, Catedrแtica, Universidad de Costa Rica

Gnseli Berik, Professor, Economics Department, University of Utah, USA

Josep L. Ventura MD PhD, Departament de Ci่ncies Fisiol๒giques II de la Universitat de Barcelona, Spain

Ms. HU Yuan Qiong (Joan), Lawyer, Coordinator and Researcher of China Access to Medicines Research Group; MPhil/LLM, School of Oriental and African Studies, China

Luis Palomo Cobos; MD; PhD, Training Unit for Doctors, Servicio Extreme๑o de Salud, Spain

Marํa Jos้ Otero, Associate Professor, Faculty of Pharmacy. University of Salamanca, Spain

Prof. Yogesh Pai, National Law University, Jodhpur- India

Katharina Serrano, Senior Lecturer, University of the South Pacific School of Law, Vanuatu

Anahํ Dreser, Researcher- National Institute of Public Health, Mexico

Dr. Santhosh M.R., Assistant Professor, Tata Institute of Social Sciences, India

Francisco Leone, Department of Health Sciences, National University of Matanza, and Institute Juan Lazarte, National University of Rosario, Argentina.

Marํa Luisa Pfeiffer, Investigadora en Bio้tica en el Consejo Nacional de Investigaciones Cientํficas y T้cnica de Argentina

Other professionals:

Dr. Claudio Schuftan, People’s Health Movement, Vietnam

Dr Gopal Dabade, President, Drug Action Forum - Karnataka
Convener, All India Drug Action Network, India



[1] “Least developed country Members shall not be required to apply the provisions of the Agreement, other than Articles 3, 4 and 5, until they cease to be a least developed country Member.” Request for an Extension of the Transition Period Under Article 66.1, IP/C/W/583 (November 5, 2012), available at http://www.wto.org/english/tratop_e/trips_e/ta_docs_e/7_1_ipcw583_e.pdf.

[2] “In view of the special needs and requirements of least-developed country Members, their economic, financial and administrative constraints, and their need for flexibility to create a viable technological base, such Members shall not be required to apply the provisions of this Agreement, other than Articles 3, 4 and 5, for a period of 10 years from the date of application as defined under paragraph 1 of Article 65. The Council for TRIPS shall, upon duly motivated request by a least-developed country Member, accord extensions of this period.”  (Emphases added.)

[3] This understanding of LDC Members need for flexibility is also reflected in the Preamble to the TRIPS Agreement:  “Members … Recognizing also the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base … agree.”

[4] See e.g. Commission on Intellectual Property Rights, Integrating Intellectual Property Rights and Development Policy Report, 40 (London, 2002) (finding that the considerable literature linking IP and development that exists is largely speculative, tentative, and questionable given limitations on data and methodology and concluding that there is a lack of evidence finding that FDI is positively related to IP protection in developing countries); accord K.E. Maskus, Private Rights and Public Problems: The Global Economy of Intellectual Property in the 21st Century, 63 (Washington:  Peterson Institute for International Economics, 2012) (noting “[s]pecifically, there is scarce evidence that stronger IPRs encourage more access by the poorest and smallest countries to global technologies” and that “there is no clear universal relationship between policy reforms that strengthen IPRs and subsequent innovation or R&D investments”); see also P.G. Sampath and P. Roffe, Unpacking the International Technology Transfer Debate: Fifty Years and Beyond (Geneva:  International Centre for Trade and Sustainable Development, 2012) (reporting no direct evidence of IPR protection on promotion of technology transfer in developing countries); K. Briggs, Does Patent Harmonization impact the decision of volume of high technology trade?, 25 Int’l Rev. Econ. & Fin. 35-51 (2012) (finding that studies reach difference conclusions about the impact of patent rights on growth in different income group countries and that her own study finds that patent reform and harmonization in low income countries plays a minor role at best in terms of facilitating technology transfer through trade); Albert G.Z. Hu & I.P.L. Png, Patent Rights and Economic Growth: Evidence from Cross-Country Panels of Manufacturing Industries, 1 (2010) (“[T]here is scant empirical evidence to validate the basic premise that IP rights have fostered or do foster invention and creative work, still less economic growth”), available at http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_econ_ge_5_10/
wipo_ip_econ_ge_5_10_ref_huandpng.pdf.

[5] “Least-developed country Members will ensure that any changes in their laws, regulations and practice made during the additional transitional period do not result in a lesser degree of consistency with the provisions of the TRIPS Agreement.”  Extension of the Transition Period under Article 66.1 for Least Developed Country Members, Decision of the TRIPS Council 29 November 2005, IP/C/40.

[6] Article 66 has no requirement whatsoever that LDC Members maintain any existing level of intellectual property protection.  LDC Members were thus free to dismantle intellectual property regimes imposed during colonial rule or thereafter adopted.  If they did adopt or maintain any intellectual property protections, their only substantive requirements under TRIPS were to provide national and most favoured nation treatments.  In contrast, non-LDC Members were given variable transition periods under Article 65 of TRIPS depending on whether they had previously declined to provide patent protections on products in a particular field of technology (commonly pharmaceuticals and agricultural products), whether they were transitioning from a planned economy or not.  In such cases, however, Article 65(5) required maintenance of existing levels of IP protection during the transition period: “A Member availing itself of a transitional period under paragraphs 1, 2, 3 or 4 shall ensure that any changes in its laws, regulations and practice made during that period do not result in a lesser degree of consistency with the provisions of this Agreement.”  Accordingly, even though a stay-put provision was improvidently included in the 2005 extension, no such provision should be requested or adopted in the current extension.

[7] Equatorial Guinea, Samoa, Tuvalu, and Vanuatu. 

[8] “Developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base.”  See Suerie Moon, Meaningful Technology Transfer to the LDCs: A Proposal for a Monitoring Mechanism for TRIPS Article 66.2, ICTSD Policy Brief No. 9 (2011).

[9] Article 15.2 (Special and Differential Treatment) of the WTO Agreement on Agriculture states: "Developing country Members shall have the flexibility to implement reduction commitments over a period of up to 10 years.  Least-developed country Members shall not be required to undertake reduction commitments."

[10] “In order to facilitate the implementation of this Agreement, developed country Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in favour of developing and least-developed country Members. Such cooperation shall include assistance in the preparation of laws and regulations on the protection and enforcement of intellectual property rights as well as on the prevention of their abuse, and shall include support regarding the establishment or reinforcement of domestic offices and agencies relevant to these matters, including the training of personnel.”  For a report representing this erroneous focus, see SAANA Consulting, Approach Paper – Assessing LDC Progress in the Implementation of the WTO TRIPS Agreement (Draft Report Oct. 2011), available at a link at http://keionline.org/node/1572.

[11] This was another “mistake” in the 2005 extension, where in paragraph 2, LDC Members were asked to provide the TRIPS Council with as much information as possible on their priority needs for technical and financial assistance primarily to help them take the necessary steps to implement the TRIPS Agreement.  Developed countries were then asked in paragraph 3 to provide technical and financial help to least developed countries to address the identified needs effectively.

[12] Issue Brief: TRIPS transition period extensions for least-developed countries (2013), available at http://www.unaids.org/en/media/unaids/contentassets/documents
/unaidspublication/2013/JC2474_TRIPS-transition-period-extensions_en.pdf
;

[13] Recommendation 6.4. “The WTO members must indefinitely extend the exemption for LDCs from the application of TRIPS provisions in the case of pharmaceutical products. The UN and its member states must mobilise adequate resources to support LDCs to retain this policy latitude.” Risks, Rights & Health (2012), available at http://www.hivlawcommission.org/resources/report/FinalReport-
Risks,Rights&Health-EN.pdf
.

[14] See http://www.ip-watch.org/weblog/wp-content/uploads/2013
/02/CSO-Letter-Supporting-Extension-of-LDCs-Transition-Period.pdf
.

[15] Catherine Saez, “WTO:  Wide Support for LDC TRIPS Extension, With A Hitch”, IP-Watch (March 6, 2013), available at http://www.ip-watch.org/2013/03/06/wto-wide-support-for-ldc-trips
-transition-extension-with-a-hitch/
.

[16] See e.g. Computer & Communications Industry Association, “CCIA Endorses TRIPS Deferral Request for Least Developed Countries” (March 4, 2013), available at http://www.ccianet.org/index.asp?
sid=5&artid=363&evtflg=False.

 


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