E-drug: EP resolution on South Africa
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Dear All,
On Friday the European Parliament adopted an emergency resolution on
the South African court case. I do not have the final text here but I
copy the operative paragraphs of the draft motion and the amendment
that was proposed and also adopted. We will post the final version as
soon as it is available.
Ellen 't Hoen, MSF
The proposed amendment:
paragraph 6(new)
6. Calls for the current review of the TRIPS Agreement to ensure that
the rights of developing countries to obtain the cheapest possible
life-saving medicines, whether patented or generic, are guaranteed,
and further calls on all the interested parties to actively engage in
this process;
This is the draft that was adopted.
1 Calls for the development of a system allowing developing countries
equitable access to medicines and vaccines at affordable prices,
while expressing its solidarity and support for the Governments of
South Africa and Kenya in their struggle to use WTO-compliant
legislation to get access to the cheapest possible life-saving
medicines
2 In this context welcomes the statement by Commissioner Lamy that
the Commission supports the right of developing countries to use the
safeguards in the WTO/TRIPS Agreement, including compulsory
licensing, and the commitment by the Commission to launch a debate in
the WTO on reconciling the TRIPS Agreement with objectives for health
protection in developing countries
3 Calls on the pharmaceutical companies that issued a legal challenge
against the South African 1997 Medicines Act to withdraw from the case
4 While respecting the intellectual property rights of the
pharmaceutical industry, calls on the Commission to strengthen the
ability of developing countries to resist the pressure to introduce
more stringent patent laws than those currently required under the
WTO TRIPS Agreement
5 Calls on the Commission to work with the Member states to show
international leadership in the struggle for life-saving medicines by
encouraging technology transfer and support for the strengthening
and/or development of local production capacity
6 Instructs its President to forward this resolution to the
Commission, the Council, the WTO, the ACP-EU Assembly and the OAU
AH13III01/11.9aidscompfi