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  • From: Primah Kwagala <kwagalap AT gmail.com>
  • To: "IP REGIONAL STRATEGIC GROUP." <ip-regional-strategic-group AT googlegroups.com>
  • Cc: "ucaem AT googlegroups.com" <ucaem AT googlegroups.com>
  • Subject: Re: [ccAfrica] Call to Action - New Dev'ts in LDC Extension Discussions
  • Date: Tue, 21 May 2013 09:48:27 +0300

Dear Friends,

I write to give us an update of the looming threat by developing countries to deny us an unconditional extension for implementation of the WTO -Trade Related Aspects of Intellectual Property (TRIPS) Agreement.

As a recap, am hoping we all remember that Haiti in November last year submitted a request on behalf of all countries categorised as Least Developed (LDC) to WTO’s  TRIPS – Council to grant us an unconditional extension  of the transition time with in which to implement intellectual property for until a country in the LDC status graduates to developing country status. This proposal has received massive support world over from academics see http://infojustice.org/archives/29370, from UN Agencies see http://www.unaids.org/en/resources/presscentre/pressreleaseandstatementarchive/2013/february/20130226prtrips/ and http://www.unaids.org/en/media/unaids/contentassets/documents/unaidspublication/2013/JC2474_TRIPS-transition-period-extensions_en.pdf  from Computer & Communications Industry Association (CCIA) at http://www.ccianet.org/?sid=5&artid=363&evtflg=False , civil society world over see http://www.ip-watch.org/weblog/wp-content/uploads/2013/02/CSO-Letter-Supporting-Extension-of-LDCs-Transition-Period.pdf etc..

It is appalling however, to note that since the march 5-6 TRIPS Council meeting, there have been on-going informal consultations in Geneva between developed countries and LDCs (please note that Uganda, Rwanda, Tanzania & Burundi belong to the LDC Bracket & Uganda currently has no representation sitting at WTO!) on this issue and developed countries are apparently opposed to the ‘Haiti November proposal’ and are  instead pushing for a limited time period of 5yrs and inclusion of a ‘no roll back’ provision in the request.

N.B:  ‘a no roll back’ provision implies that for those countries which have so far put in place IP laws, they may not go back to change them however restrictive!

Now this is totally absurd! Article 66.1 of the TRIPS Agreement is to the effect that WTO members SHALL grant an extension once LDCs submit a “duly motivated request”. Now legally speaking, the word ‘shall’ is mandatory/non negotiable… it connotes a duty/an obligation on the part of developed countries to grant us the extension given the needs we are currently facing. These developed countries are in violation of WTO rules even to demand negotiations to the terms of the extension decision.

It is for the above reasons that am appealing to us to come up with some activities  e.g media, open letters, petitions, etc to compel developed country missions in our jurisdictions to compel their counter parts in WTO to desist from abusing the rights of LDCs in these Negotiations. A lot of groups have already written to the TRIPS Council Chair who will be chairing more meetings today.

I am drafting some letters that I will share out for in-puts and sign –ons so we can send out to these people. I have been availed with most of their contacts so this should be easy.

I am also of the view that we lay some strategies to meet the EU & US missions in our countries as they seem to be pushing more for this agenda. See http://www.fpif.org/blog/tripping_up_least_developed_countries_on_medicines_green_tech_and_textbooks1 and
http://www.huffingtonpost.com/2013/05/20/trips-obama-administration_n_3306992.html

I am also suggesting that we have a meeting some time soon (This week may be??) for those in Uganda - who would wish to participate more in these discussions, but also lay an advocacy strategy for the same prior to the June TRIPS Council meeting.

I am looking forward to hearing your views & comments to the above,

Regards,
Primah Kwagala
Centre for Health Human Rights and Development *(CEHURD)
kwagalap AT gmail.com
0774207358
"...health will finally be seen not as a blessing to be wished for, but as a human right to be fought for "
Kofi Annan





  • Re: [ccAfrica] Call to Action - New Dev'ts in LDC Extension Discussions, Primah Kwagala, 05/21/2013

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