EFPIA agrees with the European Commission that the specific development needs of LDCs (less economically developed countries) may warrant a waiver from the obligations of the TRIPS agreement. It will be for the TRIPS Council to decide on the duration of the sector-specific pharmaceutical waiver, taking into account that a general extension is already in force until 2021.

We believe that it is important that the waiver continue to reflect a balance between the current circumstances of LDCs and the ultimate goal of integration into the global trading system. We welcome the Commission's recognition that patents stimulate innovation in developed and emerging economies. The EU and other developed countries and multilateral institutions should continue to offer bilateral support to LDCs wishing to develop their capabilities in the area of IP.  

The vast majority of essential medicines are already off patent and so the TRIPS flexibilities or LDC waivers are irrelevant to questions of access. The pivotal issues affecting access to medicines for LDCs lie outside the area of IP. 

EFPIA supports a holistic approach to access to medicines that addresses all barriers in a balanced fashion. The launch of the sustainable development goals will give new impetus to efforts to secure universal health coverage in LDC’s and should be complemented by support for health system strengthening.