December 15, 2020...3:12 am

Protocol Amending The Trips Agreement

(8) In accordance with Article 133, paragraph 5 of the EC Treaty, the European Community has jurisdiction to conclude agreements in the area of commercial aspects of intellectual property. The list and card of members who have accepted the minutes of amendment to the TRIPS agreement are available here. Acceptance has increased considerably in recent years, members are becoming familiar with the practical impact of the CHANGE in TRIPS: in the last two years, about 37% of adoption instruments have been tabled as a result of a review of the benefits of entry into force in the WTO General Council. Members who do not yet have to accept the TRIPS amendment have until the end of December 2017. In the meantime, they can refer to the 2003 decision to exempt access to affordable medicines from third countries. [Image] EUROPEAN COMMUNITIES COMMITTEE Brussels, 27.4.2006COM (2006) 175 final2006/0060 (stroke) Adoption proposal, on behalf of the European Community, the Protocol amending the Agreement on Trade-Related Intellectual Property Rights (TRIPS) amendment, adopted on 6That This Council`s proposal for a decision aims to accept, on behalf of the European Community, the protocol amending the agreement on aspects of intellectual property rights affecting trade (hereafter referred to as the “ADPIC agreement”). On 6 December 2005, the General Council of the World Trade Organization (`WTO`) submitted a proposal to WTO members to amend the TRIPS agreement. This amendment would make a final decision to waive compulsory licences, which was originally adopted in 2003. As soon as this amendment is adopted and in force, it will complete a process that began with the declaration on the TRIPS Agreement and public health made by ministers at the Doha Ministerial Conference in November 2001.

This is the first time that a basic WTO agreement has been amended. In the Doha Declaration on TRIPS and Public Health, the fourth meeting of the WTO Ministerial Conference, held in Doha on 14 November 2001, adopted the DECLARATION on the TRIPS and Public Health Agreement. The Doha Declaration clarifies the relationship between the TRIPS agreement and THE public health policy of WTO members and confirms the right of members to issue compulsory patent licences for public health reasons. With regard to WTO members who do not have production capacity in the pharmaceutical sector and who have not been able to import the necessary medicines, the Council was ordered, in paragraph 6 of the Doha Declaration, that the TRIPS agreement find a quick solution to this problem.