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

Decision of the Council for TRIPS of 6 November 2015

        The Council for Trade-Related Aspects of Intellectual Property Rights (the "Council for TRIPS"),

        Having regard to paragraph 1 of Article 66 of the TRIPS Agreement;

        Recalling 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), 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);

        Having regard to the duly motivated request from least developed country Members, dated 23 February 2015, for a further extension of the transition period regarding Sections 5 and 7 of Part II of the TRIPS Agreement with respect to pharmaceutical products (IP/C/W/605);

        Decides as follows:

1.       Least developed country Members will not be obliged, with respect to pharmaceutical products, to implement or apply Sections 5 and 7 of Part II of the TRIPS Agreement or to enforce rights provided for under these Sections until 1 January 2033, or until such a date on which they cease to be a least developed country Member, whichever date is earlier.

2.       This decision is made without prejudice to the right of least developed country Members to seek other extensions of the period provided for in paragraph 1 of Article 66 of the TRIPS Agreement.

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