The second least developed countries (LDC) Trade Ministers' Meeting which came to a close at Dhaka on June 2, 2003 has resolved to adopt a common stand on all on-going negotiations that precede the next ministerial conference of World Trade Organisation (WTO). The LDC countries wanted the TRIPS Agreement to be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all at affordable prices.
The meeting, wanted the members to reaffirm that declaration of public health problems and the terms for granting compulsory licenses are their prerogatives and the draft decision on implementation of paragraph 6 of the Doha Declaration on the TRIPS and Public Health remains the most acceptable solution. It wanted all LDC members to adopt this decision well before the fifth WTO Ministerial Conference to be held at Cancun, Mexico from 10 to 14 September, 2003.
The Dhaka Declaration said that the Declaration on the TRIPS Agreement and Public Health at Doha recognized the gravity of the public health problems afflicting many developing and LDCs, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics. It has expressed regret over the inability of the WTO members to realize that countries with insufficient or no manufacturing capacities in the pharmaceutical sector are to face difficulties in making effective use of compulsory licensing under TRIPS Agreement.
Commenting on Trade-Related Aspects of Intellectual Property Rights (TRIPS), LDC proposed that the its members shall fully adhere to the Decision of the Council for TRIPS of 19 February 2003 with a view to implementing the obligations in Article 66.2 of the TRIPS Agreement. It wanted the developed countries to undertake, as required, specific legislative, policy, and regulatory measures for their enterprises and institutions to give effect to Article 66.2 of the TRIPS Agreement.
"The TRIPS Agreement requires the introduction of high standards for the protection and enforcement of property rights over products, processes, works and signs. History shows that countries have developed under selective IPR regimes to promote their own industrial policy objectives and to facilitate acquisition of technology. All LDCs are in a very early stage of their scientific and technical development, and require full flexibility in implementing TRIPS Agreement," it said.
Given the needs and requirements of LDCs, their economic, financial and administrative constraints, and their need for flexibility to create a viable technological base, the members wanted the transition period under Article 66.1 to be extended so long as they retain the LDC status.