Statement by the Delegation of Republic of Indonesia at the Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS) – Agenda Item F: Review under Paragraph 8 of the Doha

October 7, 2010 Trade/WTO

Agenda Item F: Review under Paragraph 8 of the Doha Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (Dedicated Session on the Paragraph 6 System)


Mr. Chairman,

First of all I would like to thank the delegations of India and Canada for their presentations. My delegation especially thanks Canada for explaining in detail how the system has been used in their country, and also Rwanda as the importing country. We also note that from the Canadian perspective this system had been used effectively, however, we also found that this system was only able to help 21.000 patients in Rwanda. In this regard, we would like to inquire if the number of patients were also increasing at that time in Rwanda. In that case, what would have happened, would they have had to start the process from scratch? Because as we have become aware, the utilization of this system is not as easy and expeditious as we thought it would be.

Speaking hypothetically and using Indonesia, an archipelagic state consisting of more than 16.000 islands, as an example: what if one license only applies to one situation while there are many situations that demand affordable medicines. What if there had been a miscalculation or further disasters that call for more medicines, what would be the solution then? Starting from scratch would require more time and not exactly fulfilling the intention of the Paragraph 6 system, which is to be an expeditious solution to public health concerns.

Once again we would like to thank the Canadian delegation for explaining in detail the CAMR system, and the deemed effective and efficient use of the system. Nevertheless, allow me at this opportunity to quote the statement by Mr. Jack Kay, Apotex President and CEO of the CAMR, in September 2008. He mentioned that, “if other critical medicines are brought to Africa in a reasonable timeframe, the Federal Government must change the CAMR legislation. CAMR is unworkable as it now stands.”

I think that could be one signal that the CAMR might need to be improved in order to expeditiously serve public health needs. In this regard, my delegation would like to once again commend the reform process in Canada, however, in our view, an international solution must be considered if there is a need for a complete review or an overhaul of the Paragraph 6 System. We believe that the public health solution should not have to wait too long.

Thank you, Mr. Chairman.