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Of rights, obligations and flexibility
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Members shall ensure the availability of effective legal means to prevent the importation into, and sale in, their territories of products produced under the system set out in this decision and diverted to their markets inconsistently with its provisions, using the means already required to be available under the trade related intellectual property rights agreement. If any member considers that such measures are proving insufficient for this purpose, the matter may be reviewed in the council for TRIPS at the request of that member.

6. With a view to harnessing economies of scale for the purposes of enhancing purchasing power for, and facilitating the local production of, pharmaceutical products:

(i) where a developing or least developed country World Trade Organization member is a party to a regional trade agreement within the meaning of Article XXIV of the general agreement on tariffs and trade, 1994, and the decision of November 28, 1979 on differential and more favourable treatment reciprocity and fuller participation of developing countries...the obligation of that member under Article 31(f) of the TRIPS agreement shall be waived to the extent necessary to enable a pharmaceutical product produced or imported under a compulsory license by that member to be exported to the markets of those other developing or least developed country parties to the regional trade agreement that share the health problem in question. It is understood that this will not prejudice the territorial nature of the patent rights in question;

(ii) it is recognized that the development of systems providing for the grant of regional patents to be applicable in the above members should be promoted. To this end, developed country members undertake to provide technical cooperation in accordance with Article 67 of the TRIPS agreement, including in conjunction with other relevant inter-governmental organizations.

7. Members recognize the desirability of promoting the transfer of technology and capacity building in the pharmaceutical sector in order to overcome the problem identified in paragraph 6 of the declaration. To this end, eligible importing members and exporting members are encouraged to use the system set out in this decision in a way which would promote this objective. Members undertake to cooperate in paying special attention to the transfer of technology and capacity building in the pharmaceutical sector in the work to be undertaken...

8. The council for TRIPS shall review annually the functioning of the system set out in this decision with a view to ensure its effective operation and shall annually report on its operation to the general council...

9. This decision is without prejudice to the rights, obligations and flexibilities that members have under the provisions of the TRIPS agreement...It is also without prejudice to the extent to which pharmaceutical products produced under a compulsory license can be exported under the present provisions of Article 31(f) of the TRIPS agreement.

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