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Each in its capacity
- Document

Members shall not challenge any measures taken in conformity with the provisions of the waivers contained in this decision under subparagraphs 1(b) and 1(c) of Article XXIII of general agreement on tariffs and trade, 1994.

11. This decision, including the waivers granted in it, shall terminate for each member on the date on which an amendment to the trade related intellectual property rights agreement replacing its provisions takes effect for that member.

The TRIPS council shall initiate, by the end of 2003, work on the preparation of such an amendment with a view to its adoption within six months, on the understanding that the amendment will be based, where appropriate, on this decision and on the further understanding that it will not be part of the negotiations...

Assessment of manufacturing capacities in the pharmaceutical sector:

Least-developed country members are deemed to have insufficient or no manufacturing capacities in the pharmaceutical sector.

For other eligible importing members, insufficient or no manufacturing capacities for the product(s) in question may be established in either of the following ways:

(i) the member in question has established that it has no manufacturing capacity in the pharmaceutical sector;

OR

(ii) where the member has some manufacturing capacity in this sector, it has examined this capacity and found that, excluding any capacity owned or controlled by the patent owner, it is currently insufficient for the purposes of meeting its needs. When it is established that such capacity has become sufficient to meet the member’s needs, the system shall no longer apply.

Notes:

...2...“eligible importing member” means any least-developed country member, and any other member that has made a notification: It is understood that this notification does not need to be approved by a World Trade Organization body in order to use the system set out in this decision.

3....and that some other members have stated that, if they use the system, it would be in no more than situations of national emergency or other circumstances of extreme urgency: Members: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom and the United States of America.

...5...(a) the eligible importing member(s) has made a notification to the council for TRIPS, that: (i) specifies the names and expected quantities of the product(s) needed: The notification will be made available publicly by the WTO secretariat through a page on the WTO website dedicated to this decision.

...7...before shipment begins, the licensee shall post on a website: The licensee may use for this purpose its own website or, with the assistance of the WTO secretariat, the page on the WTO website dedicated to this decision.

8...(c) the exporting member shall notify the council for TRIPS of the grant of the licence, including the conditions attached to it: It is understood that this notification does not need to be approved by a WTO body in order to use the system set out in this decision.

...The notification will be made available publicly by the WTO secretariat through a page on the WTO website dedicated to this decision.

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