The World Trade Organisation set up a waiver in August 2003, the goal of which was to make it easier for poorer countries to obtain cheaper generic versions of patented medicines, by setting aside a provision of the TRIPS Agreement (article 31f) that could hinder exports of pharmaceuticals manufactured under compulsory licences to countries that are unable to produce them.
The waiver will be now formally included in the text of the TRIPS agreement - it is actually the first time a core WTO agreement is amended. The amendment will be built into the TRIPS Agreement when two thirds of the WTO’s members have ratified the change.
Despite the good intentions, the August 2003 deal is seen by several health advocates as a cumbersome and non working method. In fact, no developing country has notified the WTO of its intention to use the waiver so far, making the waiver de facto ineffective. In a recent press release by MSF, the organisation called on the WTO to provide evidence by the end of 2006 demonstrating that the mechanism it is putting in place can bring an end to the negative effects that full TRIPS implementation has on access to medicines.
On the other hand, the European Commission welcomed the WTO decision saying that “the amendment will safeguard the balance of rights and obligations of the TRIPS Agreement”.
