A/RES/60/262
and intensify access to affordable and quality HIV/AIDS prevention products,
diagnostics, medicines and treatment commodities;
43. Reaffirm that the World Trade Organization’s Agreement on Trade-Related
Aspects of Intellectual Property Rights 3 does not and should not prevent members
from taking measures now and in the future to protect public health. Accordingly,
while reiterating our commitment to the TRIPS Agreement, reaffirm that the
Agreement can and should be interpreted and implemented in a manner supportive
of the right to protect public health and, in particular, to promote access to
medicines for all including the production of generic antiretroviral drugs and other
essential drugs for AIDS-related infections. In this connection, we reaffirm the right
to use, to the full, the provisions in the TRIPS Agreement, the Doha Declaration on
the TRIPS Agreement and Public Health 4 and the World Trade Organization’s
General Council Decision of 2003 5 and amendments to Article 31, which provide
flexibilities for this purpose;
44. Resolve to assist developing countries to enable them to employ the
flexibilities outlined in the TRIPS Agreement, and to strengthen their capacities for
this purpose;
45. Commit ourselves to intensifying investment in and efforts towards the
research and development of new, safe and affordable HIV/AIDS-related medicines,
products and technologies, such as vaccines, female-controlled methods and
microbicides, paediatric antiretroviral formulations, including through such
mechanisms as Advance Market Commitments, and to encouraging increased
investment in HIV/AIDS-related research and development in traditional medicine;
46. Encourage pharmaceutical companies, donors, multilateral organizations and
other partners to develop public-private partnerships in support of research and
development and technology transfer, and in the comprehensive response to
HIV/AIDS;
47. Encourage bilateral, regional and international efforts to promote bulk
procurement, price negotiations and licensing to lower prices for HIV prevention
products, diagnostics, medicines and treatment commodities, while recognizing that
intellectual property protection is important for the development of new medicines
and recognizing the concerns about its effects on prices;
48. Recognize the initiative by a group of countries, such as the International Drug
Purchase Facility, based on innovative financing mechanisms that aim to provide
further drug access at affordable prices to developing countries on a sustainable and
predictable basis;
49. Commit ourselves to setting, in 2006, through inclusive, transparent processes,
ambitious national targets, including interim targets for 2008 in accordance with the
core indicators recommended by the Joint United Nations Programme on
HIV/AIDS, that reflect the commitment of the present Declaration and the urgent
need to scale up significantly towards the goal of universal access to comprehensive
prevention programmes, treatment, care and support by 2010, and to setting up and
_______________
3
See Legal Instruments Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations,
done at Marrakesh on 15 April 1994 (GATT secretariat publication, Sales No. GATT/1994-7).
4
See World Trade Organization, document WT/MIN(01)/DEC/2. Available from http://docsonline.wto.org.
5
See World Trade Organization, document WT/L/540 and Corr.1. Available from http://docsonline.wto.org.
7
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