[Ip-health] Revised text of KORUS FTA

[heeseob nam]

http://www.mofat.go.kr/mofat/fta/eng_0707/2E43.pdf and
http://www.mofat.go.kr/mofat/fta/eng_0707/2E66(e).pdf

Article 18.9

Paragraph 3. With respect to pharmaceutical products, notwithstanding
paragraphs 1 and 2, a Party may take measures to protect public health
in accordance with:
(a) the Declaration on the TRIPS Agreement and Public Health
(WT/MIN(01)/DEC/2) (the Declaration);
(b) any waiver of any provision of the TRIPS Agreement granted by WTO
Members in accordance with the WTO Agreement to implement the
Declaration and in force between the Parties; and
(c) any amendment of the TRIPS Agreement to implement the Declaration
that enters into force with respect to the Parties.

ARTICLE 18.11: UNDERSTANDINGS REGARDING CERTAIN PUBLIC HEALTH MEASURES

1. The Parties affirm their commitment to the Declaration on the TRIPS Agreement
and Public Health (WT/MIN(01)/DEC/2).
2. The Parties have reached the following understandings regarding this Chapter:
(a) The obligations of this Chapter do not and should not prevent a Party from
taking measures to protect public health by promoting access to medicines
for all, in particular concerning cases such as HIV/AIDS, tuberculosis,
malaria, and other epidemics as well as circumstances of extreme urgency
or national emergency. Accordingly, while reiterating their commitment
to this Chapter, the Parties affirm that this Chapter can and should be
interpreted and implemented in a manner supportive of each Party's right
to protect public health and, in particular, to promote access to medicines
for all.
(b) In recognition of the commitment to access to medicines that are supplied
in accordance with the Decision of the General Council of 30 August 2003
on the Implementation of Paragraph Six of the Doha Declaration on the
TRIPS Agreement and Public Health (WT/L/540) and the WTO General
Council Chairman's statement accompanying the Decision (JOB(03)/177,
WT/GC/M/82) (collectively, the "TRIPS/health solution"), this Chapter
does not and should not prevent the effective utilization of the
TRIPS/health solution.
(c) With respect to the aforementioned matters, if an amendment of the TRIPS
Agreement enters into force with respect to the Parties and a Party's
application of a measure in conformity with that amendment violates this
Chapter, the Parties shall immediately consult in order to adapt this
Chapter as appropriate in the light of the amendment.

In fourth Side Letter:

Neither the United States nor Korea will invoke Article 22.4 of the
Agreement with respect to the other Party's obligations under Article
18.9.5(b) of the Agreement during the first 18 months after the date
the Agreement enters into force. Should either Party have concerns
with respect to the other Party's compliance with its obligations
under Article 18.9.5(b) during the first 18 months after the date the
Agreement enters into force, the United States and Korea will,
consistent with Article 22.3 of the Agreement and at the request of
either Party, consult with a view to reaching a mutually satisfactory
resolution of those concerns.

--
HeeSeob Nam
IPLeft (www.ipleft.or.kr)
hurips@gmail.com
Tel +49 89 500 280 86
Fax +49 89 6606 2756
Geitauerstr. 4/1 OG 81379
Munich Germany