Council for Trade-Related Aspects of Intellectual Property Rights - Legal Arguments to Support the African Group Proposal on the Implementation of Paragraph 11 of the 30 August 2003 Decision - Communicatio[...]on Behalf of the African Group

World Trade Organization IP/C/W/440 1 March 2005 (05-0842) Council for Trade-Related Aspects of Intellectual Property Rights Original: English Legal Arguments to Support the AFRICAN GROUP PROPOSAL ON THE IMPLEMENTATION OF PARAGRAPH 11 OF THE 30 AUGUST 2003 DECISION Communication from Rwanda on behalf of the African Group The following communication, dated 25 February 2005, is being circulated at the request of the Delegation of Rwanda on behalf of the African Group. _______________ Introduction At the December 2004 TRIPS Council meeting, the African Group presented a proposal for the amendment of Article 31 of the TRIPS Agreement. The proposed amendment is based on the waivers adopted in the 30 August 2003 General Council Decision with modifications but would not include the Chairman's statement either as part of the amendment text or as a footnote. A number of issues arise with respect to the proposal mainly on account of some Member