IP/C/74  
 
6 November 2015  
(15-5884)  Page: 1/3  
Council for Trade-Related Aspects of 
Intellectual Property Rights    
 
 LEAST DEVELOPED COUNTRY MEMBERS – OBLIGATIONS UNDER 
ARTICLE 70.8 AND ARTICLE 70.9 OF THE TRIPS AGREEMENT WITH  
RESPECT TO PHARMACEUTICAL PRODUCTS 
PROPOSAL FOR A DECISION 
 
At its reconvened meeting of 6 November 2015, the Council for TRIPS agreed to recommend to the General Council that the attached proposal for a Decision on Least Developed Country Members – Obligations Under Article 70.8 and Article 70.9 of the TRIPS Agreement With Respect 
to Pharmaceutical Products be adopted. 
 IP/C/74 
 
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WT/L/..  
 
 
(15-0000)  Page: ../..  
 
 
LEAST DEVELOPED COUNTRY MEMBERS – OBLIGATIONS UNDER 
ARTICLE 70.8 AND ARTICLE 70.9 OF THE TRIPS AGREEMENT WITH  
RESPECT TO PHARMACEUTICAL PRODUCTS  
 
DRAFT DECISION OF [DATE]1 
The General Council, 
  Having regard  to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement 
Establishing the World Trade Organization (the "WTO Agreement"); 
  Conducting  the functions of the Ministerial Confer ence in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement; 
 
 Recalling  the decision of the General Council on Least Developed Country Members – 
Obligations Under Article 70.9 of the TRIPS Agreement With Respect to Pharmaceutical Products 
(WT/L/478), adopted by the General Council at its meeting of 8 July 2002; 
  Having regard to the request from least developed country Members, 
dated 23 February 2015, for a waiver from obligations under paragraph 8 of Article 70 of the 
TRIPS Agreement and a further extension of the waiver from obligations under paragraph 9 of Article 70 of the TRIPS Agreement with respect to pharmaceutical products (IP/C/W/605);  
 Noting  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, adopted by the Council for TRIPS at its meeting of 
6 November 2015 (IP/C/73); 
  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) (the "Declaration");  
  Considering  that obligations under paragraphs 8 and 9 of Article 70 of the TRIPS Agreement, 
where applicable, should not prevent attainment of the objectives of paragraph 7 of the 
Declaration and the decision of the Council fo r TRIPS, adopted on 6 November 2015 (IP/C/73); 
 
 Noting that, in light of the foregoing, exceptional circumstances exist justifying a waiver 
from paragraphs 8 and 9 of Article 70 of the TRIPS Agreement with respect to pharmaceutical products in respect of least developed country Members;  
                                               
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO 
Agreement agreed by the General Council in November 1995 (WT/L/93). IP/C/74 
 
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   Decides  as follows: 
 1. The obligations of least developed country Members under paragraphs 8 and 9 of Article 70 of the TRIPS Agreement shall be waived with respect to pharmaceutical products 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 waiver shall be reviewed by the Ministeria l Conference not later than one year after it is 
granted, and thereafter annually until the waiver terminates, in accordance with the provisions of paragraph 4 of Article IX of the WTO Agreement.  
 
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