Extension of the transition period under Article 66(1) of the TRIPS Agreement requested by Least Developed Countries group

7.5.2015

Question for written answer E-007402-15
to the Commission
Rule 130
Inmaculada Rodríguez-Piñero Fernández (S&D)

During the last meeting of the Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which took place in February 2015, Bangladesh, on behalf of the group of Least Developed Countries (LDC), submitted a request for an unconditional extension of the transition period under Article 66(1) of the TRIPS Agreement.

The request seeks to exempt LDCs from having to protect and enforce pharmaceutical patents and clinical data. It also requests waivers from Article 70(8) and (9) of TRIPS (the ‘mailbox’ and ‘exclusive marketing rights’ obligations) for as long as a country remains an LDC. The request will be discussed during the next TRIPS Council in June 2015.

How does the Commission assess the request submitted by the LDC group to the TRIPS Council regarding the extension of the transition period under Article 66(1)?

Does the Commission consider it appropriate that least developed countries should spend already scarce resources on implementing Article 70(8) and (9) of TRIPS when they are not under any obligation to grant patents?

Does the Commission consider that access to medicines in LDCs would be ensured without an unconditional extension of the transition period under Article 66(1) for as long as they remain LDCs?