Doha Declaration on TRIPS and Public Health: Paragraph 7
We reaffirm the commitment of developed-country members to provide incentives to their enterprises and institutions to promote and encourage technology transfer to least-developed country members pursuant to Article 66.2. We also agree that the least-developed country members will not be obliged, with respect to pharmaceutical products, to implement or apply Sections 5 and 7 of Part II of the TRIPS Agreement or to enforce rights provided for under these Sections until 1 January 2016, without prejudice to the right of least-developed country members to seek other extensions of the transition periods as provided for in Article 66.1 of the TRIPS Agreement. We instruct the Council for TRIPS to take the necessary action to give effect to this pursuant to Article 66.1 of the TRIPS Agreement.
Paragraph 7 of the Doha Declaration reaffirmed
“the commitment of developed-country Members to provide incentives to their enterprises and institutions to promote and encourage technology transfer to least-developed country Members pursuant to Article 66.2.”
LDCs have repeatedly raised concerns at the Council for TRIPS about the lack of effective action by developed countries to comply with Article 66.2 of the TRIPS Agreement106.
106 Also note that paragraph 11.2 of the Implementation Decision adopted on 14 November 2001 states the following: “Reaffirming that the provisions of Article 66.2 of the TRIPS Agreement are mandatory, it is agreed that the TRIPS Council shall put in place a mechanism for ensuring the monitoring and full implementation of the obligations in question. To this end, developed-country members shall submit prior to the end of 2002 detailed reports on the functioning in practice of the incentives provided to their enterprises for the transfer of technology in pursuance of their commitments under Article 66.2. These submissions shall be subject to a review in the TRIPS Council and information shall be updated by Members annually”. For information on home country measures encouraging transfer of technology, see IP/C/W/132, Add. 1-7.
Though some developed countries provide different forms of technical assistance on IPR-related issues, LDCs have repeatedly noted that no or little action has been taken by developed countries to specifically implement their obligations under Article 66.2. It remains to be seen whether the reaffirmation in the Doha Declaration of such obligations has a practical impact on developed countries’ actions in this area.
Though the wording in paragraph 7 is broad, its inclusion in the Doha Declaration indicates that effective incentives should be granted in developed countries in order to specifically foster the transfer to LDCs of health-related technologies, including pharmaceutical technologies.