WORLD TRADE
ORGANIZATIONWT/L/478
12 July 2002
(02-3891)
LEAST-DEVELOPED COUNTRY MEMBERS – OBLIGATIONS UNDER
ARTICLE 70.9 OF THE TRIPS AGREEMENT WITH
RESPECT TO PHARMACEUTICAL PRODUCTS
Decision of 8 July 20021
The General Council,
Having regard  to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement
Establishing the World Trade Organization (the "WTO Agreement");
Conducting  the functions of the Ministerial Conference in the interval between meetings
pursuant to paragraph 2 of Article IV of the WTO Agreement;
Noting  the decision of the Council for TRIPS on the Extension of the Transition Period under
Article 66.1 of the TRIPS Agreement for Least-De veloped Country Members for Certain Obligations
with respect to Pharmaceutical Products (IP/C/25) (the "Decision"), adopted by the Council for
TRIPS at its meeting of 25-27 June 2002 pursuant to the instructions of the Ministerial Conference
contained in paragraph 7 of the Declaration on the TRIPS Agreement and Public Health
(WT/MIN(01)/DEC/2) (the "Declaration");
Considering that obligations under paragraph 9 of Article 70 of the TRIPS Agreement, where
applicable, should not prevent attainment of the objectives of paragraph 7 of the Declaration;
Noting  that, in light of the foregoing, exceptional circumstances exist justifying a waiver from
paragraph 9 of Article 70 of the TRIPS Agreement with respect to pharmaceutical products in respect
of least-developed country Members;
Decides  as follows:
1. The obligations of least-developed country Members under paragraph 9 of Article 70 of the
TRIPS Agreement shall be waived with respect to pharmaceutical products until
1 January 2016.
2. This waiver shall be reviewed by the Ministerial Conference not later than one year after it is
granted, and thereafter annually until the waiver terminates, in accordance with the provisions
of paragraph 4 of Article IX of the WTO Agreement.
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1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council in November 1995 (WT/L/93).