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Trade Regulation and TRIPS

Trade regulation is an area of growing importance to Commonwealth countries and, correspondingly, for the Economic and Legal Section (ELS) in the Special Advisory Services Division (SASD) of the Commonwealth Secretariat.

ELS has extended its traditional platform in this field - from designing legislative and institutional arrangements in trade-related areas, particularly investment and competition policy - to providing legal advice on implementing multilateral trade rules through the establishment of sustainable regulatory frameworks.

ELS is implementing a programme of technical assistance for Commonwealth developing countries on the 30 August 2003 World Trade Organisation (WTO) General Council Decision on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Public Health. The 30 August Decision is designed to be part of the wider national and international action to address problems associated with access to medicines. It elaborates a system that would permit countries with insufficient or no manufacturing capacities in the pharmaceutical sector to import cheaper generic versions made in other countries under compulsory licences. 

ELS commissioned nine national case studies (Bangladesh, Barbados, India, Jamaica, Kenya, Mauritius, South Africa, Uganda and United Republic of Tanzania) which were presented at a workshop in Geneva on 12-14 October 2004, facilitating discussion at both expert and ambassadorial level.  Delegates at the workshop considered three main areas - quality, safety and effectiveness of products manufactured under compulsory licences; development of regional trade, production and patents; and the special situation of least developed countries.  It was agreed that the report on the workshop should be presented to the WTO Council to inform its future deliberations.  The meeting recommended that consideration should be given to further technical assistance at the national and regional levels.