. /.WORLD TRADE
ORGANIZATIONWT/GC/W/457
6 November 2001
(01-5443)
General Council Original:  English
PREPARATIONS FOR THE FOURTH SESSION OF THE MINISTERIAL CONFERENCE
Comments on the Draft Ministerial Declaration on Intellectual Property
and Public Health (Job(01)/155)
Communication from Cuba
The following communication, dated 1 November 2001, has been received from the
Permanent Mission of Cuba.
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Proposed alternative formulation for paragraph 1 (inclusions indicated in bold):   We recognize the
gravity of the public health crises afflicting many developing and least-developed countries,
especially those resulting from HIV/AIDS and other pandemics  endemics.
Include the next paragraph  – “We affirm that the protection and promotion of public health and
nutrition is a fundamental obligation and prerogative of the State and that Members retain their
sovereign power in this regard”
Include the next paragraph – “We recognize that in implementing domestic health policies, especially
as regards the availability and affordability of medicines and other health care products, both the
research based and generics pharmaceutical industries have important and complementary roles to
perform, particularly in developing and least-developed countries”
Proposed alternative formulation for paragraph 4:
Nothing in the TRIPS Agreement shall prevent Members from taking measures to protect public
health.  Accordingly, while reiterating our commitm ent to the TRIPS Agreemen t, we affirm that the
Agreement shall be interpreted and implemented in a manner supportive of WTO Members' right toprotect public health and, in particular, to ensure access to medicines for all.
In this connection, we reaffirm the right of WTO Members to use, to the full, the provisions in the
TRIPS Agreement which provide flexibility for this purpose.
Proposed alternative formulation for paragraph 5:    
In applying the customary rules of interpretation of public international law,  eEach provision of the
TRIPS Agreement shall be read in the light of the object and purpose of the Agreement as expressed,
in particular, in its objectives and principles.
Include the next paragraph – “ We recognize that the issues of the disclosing or using information
where it is so required for reasons of public interest, including when is necessary to implementWT/GC/W/457
Page 2
effectively any compulsory licensees or other measures adopted by public authorities in the public
interest could face some difficulties.  We instruct the Council for TRIPS to find an expeditious
solution to this problem and to report to the General Council before the end of 2002.”
Proposed alternative formulation for paragraph 9:    
Each Member retains the rights to establish its own policy and rules regarding the exhaustion of
intellectual property rights.
Proposed alternative formulation for paragraph 10:
  
In view of the special needs and requirements of developing and least developed country Members,their economic, financial and administrative constraints, and their need for flexibility to create a
viable technological base, the transition periods provided for their benefit under Articles 65.4  and
66.1of the TRIPS Agreement shall be extended for another period of 10 years from the expiration of
the transition period provided there under, particularly in respect of the obligation to render available
patent protection on products or processes relating to public health, without prejudice to furtherextensions.
Proposed alternative formulation for paragraph 11:
Members shall exercise utmost restraint in initiating and pursuing dispute settlement proceedings
relating to measures adopted or implemented, particularly by developing and least developed country,
to protect and promote public health.
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