Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92000E3581

**WRITTEN QUESTION E-3581/00 by Ria Oomen-Ruijten (PPE-DE) to the Commission. Letter of 23 March 1998 from Commission Member Leon Brittan to Thabo Mbeki concerning the TRIPS agreement.** 
  
*Official Journal 174 E , 19/06/2001 P. 0082 - 0083*

  

WRITTEN QUESTION E-3581/00

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(17 November 2000)

Subject: Letter of 23 March 1998 from Commission Member Leon Brittan to Thabo Mbeki concerning the TRIPS agreement

There are reports of long-running conflict between many developing countries and the pharmaceutical industry on the production and/or purchase of low-cost medicines by developing countries. In accordance with the TRIPS agreement, concluded under the WTO Agreement in 1994, and which is binding on all WTO member states, such countries can, in certain circumstances, switch to producing or purchasing low-cost medicines.

1. Is it true that European Commission Member Leon Brittan wrote to South African Vice-President Thabo Mbeki on 23 March 1998 to prevent South Africa from taking up the option under the TRIPS agreement of producing low-cost medicines itself or buying them abroad?

If so, what was the precise content of the letter and what arguments are used to justify such action?

2. Has any other, comparable, action been taken by the European Commission?

If so, what?

Answer given by Mr Lamy on behalf of the Commission

(15 December 2000)

1. The Commission does not oppose the use by World Trade Organisation (WTO) Members of legitimate possibilities offered by the Trade related aspects of intellectual property rights (TRIPs) agreement. On the particular issue of compulsory licensing, the Commission acknowledges the WTO members' right to resort to this instrument, provided that the conditions set out in the TRIPs agreement are respected. A copy of the letter mentioned by the Honourable Member has been forwarded to the Parliament.

2. No.

The Commission would also refer the Honourable Member to its answer to Written Questions E-2316/00 by Mr E. Meijer(1) and P-2672/00 by Mrs H. Maij-Weggen(2).

(1) OJ C 136 E, 8.5.2001.

(2) OJ C 136 E, 8.5.2001.

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