China's top legislature began deliberating a bill on the approval of an amendment to the intellectual property agreement of the World Trade Organization (wafts) to enhance access to medicines for developing countries.
The bill was submitted Wednesday to a five-day session of the Standing Committee of the National People's Congress (NPC), China's top legislature. The Chinese government hopes that approving the bill will help China tackle public health emergencies like SARS and bird flu more effectively.
The amendment to the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), approved by WTO members on December 6, 2005, allows countries to override patent rights when necessary to export life-saving drugs to developing countries that face public health crises but cannot produce drugs for themselves.
The amendment also makes permanent the flexibility of developing and least developed members to produce or import generic copies of patented drugs to deal with epidemics.
"The amendment will play a positive role in balancing relations between intellectual property rights protection and public health promotion, helping developing and least developed countries to deal with public health problems as well," said Ma Xiuhong, Vice Minister of Commerce.
Ma said that it would also be conducive for China to tackle public health emergencies such as SARS and bird flu, and would help promote the development of China's drug industry if China accept the amendment.
The amendment is the first time a core WTO agreement has been amended. It makes permanent a "waiver" originally adopted by WTO members in 2003 and currently in place.
The top legislature arranged a lecture on Wednesday morning, presided over by China's top legislator Wu Bangguo, in which Liu Chuntian, an expert in intellectual property rights with Renmin University of China, explained how the approval of the amendment was a necessity.
"The amendment is an important breakthrough in IPR-related patent restriction," said Liu, telling the lawmakers that approval of the amendment would benefit China in dealing with public health crises like SARS.
WTO Director-General Pascal Lamy said that the agreement to amend the TRIPS provisions confirms once again that members are determined to ensure the WTO trading system contributes to humanitarian and development goals.
The amendment will be formally built into the TRIPS Agreement when two thirds of the WTO members have ratified it. The WTO said members have set themselves until Dec. 1, 2007 to do this. The waiver remains in force until then.
Source:Xinhua
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