Governments miss deadline for TRIPS agreement

World Trade Organisation Director-General Supachai Panitchpakdi has expressed his disappointment over the failure by WTO member governments to meet the year-end deadline for agreement on special and differential treatment for developing countries and access to essential medicines for poor countries lacking capacity to manufacture such drugs themselves.

'These two issues are of great importance not only to developing countries but to the organisation itself and to the broader trade negotiations that are part of the Doha Development Agenda,' Dr Supachai said. 'Nonetheless, delegates have informed me of their commitment to continue to work to find agreement in these complex and difficult negotiations.

'I am hopeful a solution can be found in the early part of 2003,' he added.

Ambassador Eduardo Perez Motta of Mexico, who chairs the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) told the WTO General Council that intensive consultations had not resolved differences over the diseases that would be covered by the draft decision on intellectual property and health. He proposed that the TRIPS Council should restart its deliberations as soon as possible with the aim of reaching an agreement by the General Council meeting scheduled for 10-11 February.

WTO members have been trying to meet a deadline of the end of last year aimed at addressing a problem posed by a provision of the WTO's intellectual property agreement (Article 31(f) of the Agreement on Trade-Related Aspects of Intellectual Property Rights or TRIPS). This says that production under compulsory licensing must be predominantly for the domestic market, which hinders countries lacking manufacturing capacity from importing cheaper generics from countries where pharmaceuticals are patented.

Agreement on this would complete the mandate set by the WTO Ministerial Conference in Doha, Qatar, in November 2001, when a special ministerial declaration on TRIPS and Public Health was issued.