19 SEPTEMBER 2001
Preambular Language for Ministerial Declaration
Access to Medicines for HIV/AIDS and other Pandemics
We Members of the WTO, recognize that access to medicines for treatment of
HIV/AIDS and other pandemics, such as malaria and tuberculosis, especially
by the poorest populations of the globe, is one of the major challenges
for the global community and for its sustainable development;
recognize that an effective response to this challenge requires a mix of
complementary social, economic, health policies and practices, including
education and prevention programs;
recognize that it is, therefore, the common responsibility of
international organizations, governments, non-governmental organizations
and private actors, through their areas of responsibility, to contribute
to the promotion of the most favorable conditions for improving access to
medicines for treatment of HIV/AIDS and other pandemics;
recognize that among the determinant factors for improving access to
medicines are efficient infrastructure to distribute, deliver and monitor
drug usage and provide necessary information and education; increased
research and development particularly targeted at the major communicable
diseases of relevance for developing countries, mechanisms to finance drug
purchases, and affordable pharmaceuticals; and the implementation of
effective and sustainable healthcare systems;
recognize that strong, effective and balanced protection for intellectual
property is a necessary incentive for research and development of
life-saving drugs and, therefore, recognize that intellectual property
contributes to public health objectives globally;
Therefore, we Members of the WTO reaffirm. that the TRIPS Agreement
contributes to the availability of medicines and reaffirm our commitment
to the TRIPS Agreement and its implementation;
reaffirm the appropriateness of Members using the flexibility afforded by
the Agreement to ensure that medicines for treatment of MV/AIDS and other
pandemics are available to their citizens who need them, particularly
those who are unable to afford basic medical care;
take note of discussions held by the Council for TRIPS that have clarified
Member's views of the flexibility provided under the Agreement;
encourage Members, whatever the exhaustion regime they may have chosen, to
take measures to prevent pharmaceuticals provided to the poorest
populations of the globe under discounted pricing schemes or supplied
under aid-schemes from being diverted from those for whom they were
destined to markets for which they were not intended.
pledge, in the context of the new global fund, to work with the private
sector and with affected countries to facilitate the broadest possible
provision of drugs in an affordable, medically
effective, and WTO-consistent manner; and
reaffirm the importance for developing and least developed country Members
of technical
assistance for implementing their obligations under the TRIPs Agreement,
while taking into account health concerns.
Clarification Language
(To be provided)
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