IMPACT OF THE DOHA DECLARATION November 14, 2011 Carlos M. Correa

Technical assistance …the Review Team found that when discussing international treaties, the orientation of plans was toward promoting accession to international treaties administered by WIPO. While the importance of flexibilities was noted, practical and proactive advice on how to use such opportunities was limited. …the Review Team found that when discussing international treaties, the orientation of plans was toward promoting accession to international treaties administered by WIPO. While the importance of flexibilities was noted, practical and proactive advice on how to use such opportunities was limited. WIPO- Deere/Roca, ‘An External Review of WIPO Technical Assistance in the Area of Cooperation for Development’, WIPO- Deere/Roca, ‘An External Review of WIPO Technical Assistance in the Area of Cooperation for Development’, 2011.

TRIPS-plus in FTAs and WTO accession -extension of patent terms -extension of patent terms - patent linkage requirements - patent linkage requirements -exclusivity for test data; -exclusivity for test data; -enhanced enforcement provisions -enhanced enforcement provisions

Chile-USA FTA Preamble Recognizing the principles set out in the Declaration on the TRIPS Agreement on Public Health, adopted on November 14, 2001, by the WTO at the Fourth WTO Ministerial Conference, held in Doha, Qatar; Recognizing the principles set out in the Declaration on the TRIPS Agreement on Public Health, adopted on November 14, 2001, by the WTO at the Fourth WTO Ministerial Conference, held in Doha, Qatar;

CARIFORUM EPA-Article 9.2 – Patents and public health The EC Party and the Signatory CARIFORUM States recognise the importance of the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO and the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, and agree to take the necessary steps to accept the Protocol amending the TRIPS Agreement, done at Geneva on 6 December The EC Party and the Signatory CARIFORUM States recognise the importance of the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14 November 2001 by the Ministerial Conference of the WTO and the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, and agree to take the necessary steps to accept the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005.

ACTA-Preamble Recognizing the principles set out in the Doha Declaration on the TRIPS Agreement and Public Health, adopted on November 14, 2001, by the WTO at the Fourth WTO Ministerial Conference, held in Doha, Qatar; Recognizing the principles set out in the Doha Declaration on the TRIPS Agreement and Public Health, adopted on November 14, 2001, by the WTO at the Fourth WTO Ministerial Conference, held in Doha, Qatar;

EU-Colombia-Peru FTA ‘Recognizing the importance of the Doha Declaration…’ ‘Recognizing the importance of the Doha Declaration…’ ‘…in interpreting and implementing the rights and obligations under this Title, the Parties shall ensure consistency with this Declaration’ (article 197.2) ‘…in interpreting and implementing the rights and obligations under this Title, the Parties shall ensure consistency with this Declaration’ (article 197.2)

Jordan-USA FTA-Compulsory licenses allowed only to… “(a) remedy anti-competitive practices; “(a) remedy anti-competitive practices; (b) in cases of public non-commercial use or in the case of a national emergency or other circumstances of extreme, or (b) in cases of public non-commercial use or in the case of a national emergency or other circumstances of extreme, or (c) on the ground of failure to meet working requirements, provided that importation shall constitute working’ (Article 4.20) (c) on the ground of failure to meet working requirements, provided that importation shall constitute working’ (Article 4.20)

International exhaustion of rights in US FTAs Morocco Morocco Singapore Singapore Australia Australia

US Trade Act Special Section 301 (B) Acts, policies, and practices that are unreasonable include, but are not limited to, any act, policy, or practice, or any combination of acts, policies, or practices, which—(i) denies fair and equitable—(II) provision of adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights… (B) Acts, policies, and practices that are unreasonable include, but are not limited to, any act, policy, or practice, or any combination of acts, policies, or practices, which—(i) denies fair and equitable—(II) provision of adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights…