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In what may seem as solving the rubicon puzzle, consensus statement drafted by world nations on Para VI impasse indicates that an effort has been made to embed the proposals of both developed as well as developing countries. The US proposal that is said to be agreed upon by India, Brazil and four to five developing countries has put forward a four point agenda. 1) CL provisions should be used only for humanitarian purposes and not to be used recurrently for industrial/commercial policy objectives. ) The countries which intend to opt out of the arrangement could do so in whole or part and the CL provisions could be utilised by only such countries which agrees to it. ) Medicines received under this arrangement should not be diverted from markets for which these are intended and producers should differentiate the products under CL by distinctive packing/colour/etc. 4)There will be regular reviews to ensure that the arrangement is achieving the intended purpose without unintended consequences.TRIPs Article - geographical indications, the work should continue in continuance to Para 18 of Doha Ministerial Declaration. With regard to transfer of technology (Para 7 Doha Declaration) the work should carry on and General Council should report at the next Ministerial session (after Cancun). It further says, on Para 11(1) of Doha Declaration - implementation issues, the work should continue. T K Bhaumik, senior advisor -International Trade, CII, says, the indication is that a resolution will be reached before Cancun. "While an in-principle consensus is being reached on ensuring access to cheaper drugs there will be safeguards to check the possible misuse of CL, says Bhaumik". "This would have a positive implication on developing countries. Our suggestions are embedded in the draft," he added. B K Keayla, Convenor, National Working Group on Patent Laws and former Commissioner of Payments, GoI, said Para VI is the major concern for India and a decision will be reached before Cancun. "May be to an extent the concern will be addressed to the satisfaction of both sides," he said. Although now the indication is allowing exports to countries with least/no manufacturing capacity, stringent conditions are attached to it.This is the situation when EPP goes to print and further detailed draft is expected after the ongoing consultations at Geneva. The WTO General Council in its draft resolution which would come for deliberation at Cancun and will form part of Cancun Ministerial Declaration, has said that resolution on Para VI would be set out in the document which is being worked out now among world nations.
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