. /.  WORLD TRADE  
ORGANIZATION  WT/MIN(05)/ST/52 
15 December 2005 
 (05-6005) 
MINISTERIAL CONFERENCE 
Sixth Session Hong Kong, 13 - 18 December 2005 Original:   English/ 
 French/  Spanish 
 
  
WORLD HEALTH ORGANIZATION (WHO) 
 
Statement Circulated by the WHO
 
 
(As an Observer) 
 
  The World Health Organization (WHO) works closely with the World Trade Organization 
(WTO) and other international or ganizations involved in trade to support its Member States in 
developing policies on international trade and health that are mutually cohere nt and reinforcing and 
that maximize the health benefits and minimize the risks, especially for poor and vulnerable 
populations.  WHO is therefore encouraged by th e agreement reached by Members of the WTO to 
amend the Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPS Agreement) 
to confirm the right of countries with little or insufficient capacity for pharmaceutical production to 
import generic medicines from countries with such capacity. 
  WHO congratulates WTO Members for the unprecedented decision of amending the TRIPS Agreement in a manner that supports countries' ri ght to protect the health of their people.  This 
signals the willingness and flexibility on the part of the WTO Membership to take concrete steps to 
improve intellectual property rules to ensure the primacy of health. 
 
WHO Works to Improve the Effects of Trade on Health
 
 
 WHO's work on the relationship between in ternational trade and health focuses on: 
 
 - Analysis and research to inform policy and practice; 
  - development of tools and training to build capacity in Member States to fully 
understand the public health implicati ons of multilateral trade agreements; 
 
 - assistance to ministries of health to pr ovide trade, finance, and foreign affairs 
ministries with information needed for multilateral trade negotiations. 
  The liberalization of trade promoted by WTO can  affect health in multiple ways.  Sometimes 
the impact is direct and the effect is obvious, as when a disease crosses a border together with traded 
goods.  Other times the effects are more indirect.  For example, reducing tr ade tariffs may impact 
prices for medical equipment and health related pr oducts;  changing international rules concerning 
patent protection affects access to essential medici nes, diagnostic devices and technology transfer;  
and liberalizing trade in health services can affect national health systems.  Conversely, national and 
international health standards and rules can have im portant implications for trade;  for example, the 
standards, guidelines and recommendations of the Code x Alimentarius can affect trade in foodstuffs, 
and WHO's recently revised International Health Re gulations can directly influence international 
travel and traffic in goods.  WT/MIN(05)/ST/52 
Page 2  
 
  In addition to the TRIPS Agreement, three other WTO multilateral trade agreements are of 
particular importance to WHO's Member States:  the General Agreement on Trade in Services (GATS) as regards the cross-border moveme nt of patients and health professionals and the 
foreign ownership of health facilities;  the Agreem ent on Application of Sanitary and Phytosanitary 
Measures (SPS) as it affects food safety and the cross- border spread of infections;  and the Agreement 
on Technical Barriers to Trade (TBT), which is  relevant to health norms and standards. 
 
WHO Will Aid Countries in Implementing TRIPS Amendment
 
 
 WHO will strive to provide relevant technical advice to its Member States on the effective use 
of the amended Agreement.  In its advice, WHO wi ll continue to advocate a simple and workable 
approach in the interpretation of the amendment to  achieve full public health benefits from lower-
priced medicines.  Given the urgency of the h ealth needs in the poorest countries, the work to 
implement this Agreement should proceed as quickly as possible.  The full impact of the December 2005 amendment will depend on how effec tively it can be implemented in countries. 
 
 WHO is of the view that a simple and workable system should be based on the following public health principles:  the ability to rapidly and e ffectively respond to public health needs;  equality 
of opportunities for countries in need without regard to  its membership in the WTO;  the sustainability 
of quality supply at affordable prices;  a multiplic ity of potential suppliers, both from developed and 
developing countries, which can compete to drive prices down;  and provision of a wide range of 
pharmaceutical products to meet a br oad range of health conditions. 
  As new medicines come under the requirement for 20-year patent protection in major generic 
producing countries, the use of the public health  safeguards in the TRIPS Agreement (such as 
compulsory licensing and government use) for production, import and export may become necessary 
tools to ensure affordable medicines.  Without  the possibility of generic competition, WHO is 
concerned that the new patented medicines may be  unaffordable for an increasing proportion of the 
world's population.  In this context, WHO supports  the UNAIDS statement calling for available and 
affordable first-line and second-lin e medicines for the treatment of  HIV/AIDS.  In May 2004, the 
World Health Assembly urged Member States to take  into account in bilateral trade agreements the 
flexibilities contained in the WTO TRIPS Agreem ent and recognized by the Doha Ministerial 
Declaration on the TRIPS Agreement and Public Hea lth (Resolution 57.14).  WHO continues to urge 
Member States to consider using to the full the TR IPS flexibilities with regard to the protection of 
public health and will, in particular, assist c ountries wishing to adopt the measures needed to 
implement the new TRIPS provisions.  
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