./.WORLD TRADE
ORGANIZATIONIP/C/W/313
4 October 2001
(01-4779)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
PREAMBULAR LANGUAGE FOR MINISTERIAL DECLARATION
Contribution from Australia, Canada, Japan,
Switzerland and the United States
During the special discussion of the TRIPS Council on 19 September 2001, the delegations of
Australia, Canada, Japan, Switzerland and the United  States communicated the following text to the
Secretariat and have requested it to be circulated as a TRIPS Council document.
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ACCESS TO MEDICINES FOR HIV/AIDS AND OTHER PANDEMICS
We Members of the WTO, recognize that access to medicines for treatment of HIV/AIDS and
other pandemics, such as malaria and tuberculosis, especially by the poorest populations of the globe,
is one of the major challenges for the global community and for its sustainable development;
recognize that an effective response to this challenge requires a mix of complementary social,
economic, health policies and practices, including education and prevention programmes;
recognize that it is, therefore, the common responsibility of international organizations,
governments, non-governmental organizations and private actors, through their areas of responsibility,
to contribute to the promotion of the most favourable conditions for improving access to medicines
for treatment of HIV/AIDS and other pandemics;
recognize  that among the determinant factors for improving access to medicines are efficient
infrastructure to distribute, deliver and monitor drug usage and provide necessary information and
education;  increased research and development particularly targeted at the major communicable
diseases of relevance for developing countries;  mechanisms to finance drug purchases, and affordablepharmaceuticals;  and the implementation of effective and sustainable healthcare systems;
recognize  that strong, effective and balanced protection for intellectual property is a necessary
incentive for research and development of life-savin g drugs and, therefore, recognize that intellectual
property contributes to public health objectives globally.
Therefore, we Members of the WTO reaffirm  that the TRIPS Agreement contributes to the
availability of medicines and reaffirm our commitment to the TRIPS Agreement and its
implementation;IP/C/W/313
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reaffirm  the appropriateness of Members using the flexibility afforded by the Agreement to
ensure that medicines for treatment of HIV/AIDS and other pandemics are available to their citizens
who need them, particularly those who ar e unable to afford basic medical care;
take note  of discussions held by the Council for TRIPS that have clarified Member's views of
the flexibility provided under the Agreement;
encourage  Members, whatever the exhaustion regime that they may have chosen, to take
measures to prevent pharmaceuticals provided to the poorest populations of the globe under
discounted pricing schemes or supplied under aid-schemes from being diverted from those for whom
they were destined to markets for which they were not intended;
pledge , in the context of the new global fund, to work with the private sector and with
affected countries to facilitate the broadest possible provision of drugs in an affordable, medically
effective, and WTO-consistent manner;  and
reaffirm  the importance for developing and least-developed country Members of technical
assistance for implementing their obligations under the TRIPS Agreement, while taking into account
health concerns.
Clarification language
(To be provided.)
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