WTO MEMBERS REACH LAST-MINUTE DEAL ON TRIPS & HEALTH

After a flurry of eleventh hour negotiations, WTO Members on 30 August adopted the 16 December Decision on paragraph 6 of the Doha Declaration on the TRIPs (Trade- related Aspects of Intellectual Property Rights) Agreement and Public Health together with a statement by the TRIPs Council Chair, Ambassador Vanu Gopala Menon of Singapore (see BRIDGES Weekly, 28 August 2003). The Decision spells out the conditions under which countries without pharmaceutical manufacturing capacity can import generic versions of drugs still under patent. The list of advanced developing countries, which have agreed not to use the system except in situations of national emergency or other circumstances of extreme urgency, was re-introduced into the final version of the Chair's statement. Civil society groups expressed disappointment with the deal, describing it as "a new model for explicitly endorsing protectionism," in the words of James Love of the Consumer Project on Technology. Nevertheless, they applauded developing countries for not compromising on the coverage of diseases, as called for by the US.

The final Decision and the Chair's statement are available at http://www.iprsonline.org/index.htm.

ICTSD reporting.

MEMBERS AGREE ON SPECIAL TREATMENT FOR LDCS IN SERVICES TALKS

On 3 September, WTO Members established modalities for the special treatment granted to least-developed countries (LDCs) under the General Agreement on Trade in Services (GATS). Members noted that trade in services is important for LDCs to achieve social and development objectives, to address poverty, and to insure sustainable development. According to the draft, the modalities shall ensure maximum flexibility for LDCs and form the basis for the negotiations. Under the terms of the agreement, WTO Members "shall" take into account the serious difficulties of LDCs in undertaking negotiated commitments in view of their special economic situation and their development, trade and financial needs. In addition, LDCs will not be expected to offer full national treatment to foreign service providers. Developed Members, for their part, shall give special priority in the negotiations to provide effective market access in sectors and modes of supply of export interest to LDCs.
To access the new modalities, visit http://www.ictsd.org/issarea/services/resources/LDC_modalities.pdf.

"WTO Settles on Modalities for Treatment Of Poorest Countries in Doha Services Talks," WTO REPORTER, 4 September 2003.