[Ip-health] China: Lawmakers debate WTO amendment to enhance access to drugs

[Yoke Ling]

Lawmakers debate WTO amendment to enhance access to drugs
Xinhua News Agency, 24 October 2007

http://www.chinadaily.com.cn/bizchina/2007-10/24/content_6203705.htm

China's top legislature began deliberating a bill on approval of an
amendment to the intellectual property agreement of the World Trade
Organization (WTO) to enhance access to medicines for developing
countries.

The bill was submitted Wednesday to a five-day session of the
Standing Committee of the National People's Congress (NPC), China's
top legislature. The Chinese government hopes that approving the
bill will help China tackle public health emergencies like SARS and
bird flu more effectively.

The amendment to the WTO Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS Agreement), approved by WTO
members on December 6, 2005, allows countries to override patent
rights when necessary to export life-saving drugs to developing
countries that face public health crises but cannot produce drugs
for themselves.

The amendment also makes permanent the flexibility of developing and
least developed members to produce or import generic copies of
patented drugs to deal with epidemics.

"The amendment will play a positive role in balancing relations
between intellectual property rights protection and public health
promotion, helping developing and least developed countries to deal
with public health problems as well," said Ma Xiuhong, Vice Minister
of Commerce.

Ma said that it would also be conducive for China to tackle public
health emergencies such as SARS and bird flu, and would help promote
the development of China's drug industry if China accept the
amendment.

The amendment is the first time a core WTO agreement is amended. It
makes permanent a "waiver" originally adopted by WTO members in 2003
and currently in place.

WTO Director-General Pascal Lamy said that the agreement to amend
the TRIPS provisions confirms once again that members are determined
to ensure the WTO trading system contributes to humanitarian and
development goals.

The amendment will be formally built into the TRIPS Agreement when
two thirds of the WTO members have ratified it. The WTO said members
have set themselves until December 1, 2007 to do this. The waiver
remains in force until then.