[Ip-health] WTO receives first notification under ?paragraph 6? system

dshanker@deakin.edu.au dshanker@deakin.edu.au
Mon Jul 23 03:01:07 2007


Dear Alexandra
The news that Rwanda is going to use August 30, 2003 fraud to import
260 000 packs of Apo-Triavir from Apotex appears to be too artificial
to be believed. It appears to be some form of manipulation to
suggest that this regime is working. The news release does not provide any
other information regarding the price, commitment by Apotex to
manufacture exact quantity as requested by Rwanda as per Paragraph 6
solution and its monitoring
by the TRIPS Council. The quantity appears to be too small to be of
any value either to Rwanda or to Apotex. Do you have any idea of who
is paying for these medicines and how is the payment made? Can Apotex
make any profit out of it? Did Rwanda try any other country from where
it could have got cheaper supply instead of Canada? Apotex generic
medicines are not very cheap. Or it is part of the scandal we have
seen happening day in and day out as happened when Vanuatu brought the
issue of Paragraph 6 back on the agenda when it was a dead issue in
2003? I am sending it agin as previous messages are coming back undelivered.
Daya Shanker
Quoting Alexandra HEUMBER <Alexandra.HEUMBER@brussels.msf.org>:

> This is a multipart message in MIME format.
> --
> [ Picked text/plain from multipart/alternative ]
> http://www.wto.org/english/news_e/news07_e/public_health_july07_e.htm
>
> http://www.wto.org/english/tratop_e/trips_e/public_health_notif_import_e
> .htm
>
>
> 20 July 2007
> TRIPS AND PUBLIC HEALTH
> Patents and health: WTO receives first notification under "paragraph 6
> "system
>
> Rwanda on 19 July 2007 became the first country to inform the WTO that it
> is using the 30 August 2003 decision designed to ease the way for
> countries with public health problems to import cheaper generics made
> under compulsory licensing elsewhere when they are unable to manufacture
> the medicines themselves (often referred to as the "paragraph 6 system",
> i.e. implementing paragraph 6 of the Doha Declaration on the TRIPS
> Agreement and Public Health).
>
> The notification comes under paragraph 2(a) of the 30 August 2003 General
> Council decision, which requires eligible importing countries to report
> the details of the medicines they intend to import.
>
> As a least-developed country, Rwanda does not have to notify that it wants
> to be an "eligible importing member "under paragraph 1(b) of the 2003
> decision (and 2005 amendment decision).
>
>
> _______________________________________________
> Ip-health mailing list
> Ip-health@lists.essential.org
> http://lists.essential.org/mailman/listinfo/ip-health
>