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The General Council,
Having regard to paragraphs 1, 3 and 4
of Article IX of the Marrakesh Agreement Establishing the World Trade
Organization (the “WTO Agreement”);
Conducting the functions of the
Ministerial Conference in the interval between meetings pursuant to
paragraph 2 of Article IV of the WTO Agreement;
Noting the decision of the Council for
TRIPS on the Extension of the Transition Period under Article 66.1 of
the TRIPS Agreement for Least-Developed Country Members for Certain
Obligations with respect to Pharmaceutical Products (IP/C/25) (the
“Decision”), adopted by the Council for TRIPS at its meeting of
25–27 June 2002 pursuant to the instructions of the Ministerial
Conference contained in paragraph 7 of the Declaration on the TRIPS
Agreement and Public Health (WT/MIN(01)/DEC/2) (the “Declaration”);
Considering that obligations under
paragraph 9 of Article 70 of the TRIPS Agreement, where applicable,
should not prevent attainment of the objectives of paragraph 7 of the
Declaration;
Noting that, in light of the foregoing,
exceptional circumstances exist justifying a waiver from paragraph 9 of
Article 70 of the TRIPS Agreement with respect to pharmaceutical
products in respect of least-developed country Members;
Decides as follows:
1. The obligations of least-developed country
Members under paragraph 9 of Article 70 of the TRIPS Agreement shall be
waived with respect to pharmaceutical products until 1 January 2016.
2. This waiver shall be reviewed by the
Ministerial Conference not later than one year after it is granted, and
thereafter annually until the waiver terminates, in accordance with the
provisions of paragraph 4 of Article IX of the WTO Agreement.
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