[Ip-health] US/Canada MOU on paragraph 6 and NAFTA

[James Love]

Press release
http://www.ustr.gov/releases/2004/07/04-59.pdf

Robert Zoellick letter to James Peterson
http://www.ustr.gov/regions/whemisphere/canada/2004-07-16-canadatrips-mou.p=
df

                                           San Antonio, Texas
                                           July 16, 2004

The Honorable James S. Peterson
Minister of International Trade
International Trade Canada
125 Sussex Drive
Ottawa, Ontario
Canada K1A 0G2
Dear Minister Peterson:

I am pleased to receive you letter of today=92s date, which reads as follow=
s:

<--------letter begins------------->

I have the honour to refer to recent discussions between the Governments
of Canada and the United States of America (the "Parties") regarding the
implementation of the Decision of the WTO General Council of August 30,
2003 on "Implementation of paragraph 6 of the Doha Declaration on the
TRIPS Agreement and Public Health", as interpreted by the accompanying
Statement of the Chairman of the General Council of the same date (the
"WTO Decision").

The purpose of this letter is to record the understanding reached
between the Parties regarding the implementation, in the territory of
either of these Parties to the North American Free Trade Agreement (the
"NAFTA"), of the WTO Decision.

The Parties, consistent with the Vienna Convention on the Law of
Treaties, consent to the suspension of Article 1709(10)(f) of the NAFTA,
as between themselves, with respect to compulsory licenses issued in
accordance with the terms of the WTO Decision. Where a compulsory
license is granted by a Party in accordance with such terms, the Parties
agree that, as between themselves, adequate remuneration pursuant to
Article 1709(10)(h) of the NAFTA will be paid in the exporting Party
taking into account the economic value to the importing country of the
use that has been authorized in the exporting Party.

The Parties share the understanding that this does not affect in any way
the enjoyment by the Government of the United Mexican States of its
existing rights, nor the performance of its obligations, as set out in
the NAFTA. The Parties intend to notify the Government of the United
Mexican States of this understanding.

The Parties agree that, as between them, any provision of the NAFTA
containing a direct or indirect cross-reference to Article 1709(10) will
be interpreted in accordance with this understanding.

The Honorable James S. Peterson
Page Two

This understanding will remain in effect between the Parties for as long
as the WTO Decision remains in effect. In the event an amendment of the
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(1994) that reflects the WTO Decision enters into force with respect to
the Parties, the Parties will consult in order to adapt this
understanding as appropriate in light of the amendment.

I have the further honour to propose that the understanding set out in
this letter, and your reply confirming that the foregoing is acceptable
to the Government of the United States, will constitute an understanding
between the Parties.


<--------letter ends------------>

I have the honor to confirm that the understanding referred to in your
letter is shared by my Government, and that your letter and this reply
shall constitute an understanding between the Parties.

Sincerely,

Robert B. Zoellick


--
James Love, Director, Consumer Project on Technology
http://www.cptech.org, mailto:james.love@cptech.org
tel. +1.202.387.8030, mobile +1.202.361.3040