Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-07-02-Speech-2-233"
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"en.20020702.10.2-233"2
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".
In principle, Mr van den Berg, I admit that the way in which you present the problem is correct. As I have already pointed out, we have to reconcile the major principles of intellectual property with the ability of those countries which do not have a pharmaceuticals industry to obtain supplies of generic medicines by means of imports.
We do not think that the derogation is a good idea, because it is only a temporary solution which, as it were, merely patches up the problem in the hope that better days will come. I do not believe that this is a good way of reconciling, in the eyes of the public, these two imperatives which we have to obey.
We favour Article 31 over Article 30. In the case of Article 31, the problem of determining whether the country requesting imports of generic medicines is experiencing an emergency situation is not a question that must automatically be referred to the WTO. Together, we can formulate a restrictive definition, as we did in the case of Article 6 at Doha, of what constitutes a national emergency.
I would remind the House that, in the cases to which Article 31 applies, the country which wants to import medicines will have to ask either a developed country that has the production capability and which holds a compulsory licence, or another developing country. If the latter solution is chosen, the developing country which will be responsible for supplying the generic medicines in question will, by necessity, benefit from doing so.
I believe, therefore, that, from this point of view, there is no risk of the system being too restricted, which is, I believe, what is worrying you. On the contrary, I believe that it is precisely by making use of Article 30 that we would multiply the imperatives involved, which would make access to the medicines more difficult."@en1
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