US embassy cable - 01ABUJA2694

UNCLAS ABUJA 002694 
 
SIPDIS 
 
 
DEPT FOR EB/TPP/MTA/IPC:DBEAN, USTR FOR CBURCKY 
 
 
E.O. 12958: N/A 
TAGS: KIPR, ECON, ETRD, KSEP, USTR 
SUBJECT: NIGERIA: TRIPS AND ACCESS TO MEDICINES 
 
 
REF: STATE 175220 
 
 
1. EconOff delivered reftel demarche October 16 to Mr. Y.T. 
Agah, head of Multilateral Affairs at the Federal Ministry of 
Commerce.  EconOff emphasized the need for a balanced 
approach that protects intellectual property rights for 
pharmaceutical patent holders while permitting developing 
countries to address public health crises.  Agah agreed, 
adding that Nigeria had no intention of violating the 
intellectual property rights of patent holders. 
 
 
2. EconOff raised concern over the inclusion of language, 
tabled by developing countries, that declares "nothing in the 
TRIPS Agreement shall prevent members from taking measures to 
protect public health." EconOff added that this language was 
open to interpretation that could allow member-states to 
violate TRIPS.  Agah replied that perhaps this language could 
be negotiated, although it was important that interpretations 
of TRIPS not prevent states from protecting its citizens in 
the case of health crises. 
 
 
3. Regarding the provision allowing for compulsory licensing 
in a member-state that does not have domestic pharmaceutical 
manufacturing capacity, Agah said the GON wanted to retain 
flexibility in case interpretations of Article 31 would 
prevent this from occurring.  Agah said it was important that 
developing countries table these issues now, even if they 
were not relevant until January 1, 2005. 
 
 
4. Comment.  The Multilateral Office of the Ministry of 
Commerce has only eight officers responsible for all WTO 
issues.  These officers share two computers that work only 
sporadically, due to power outages and failures.  Moreover, 
Agah admitted, his officers lack the capacity to analyze and 
interpret WTO issues, such as TRIPS.  Therefore, the Commerce 
Ministry often relies on other developing countries' views to 
inform its position.  Capacity-building and training are 
critically needed for Nigeria to take the initiative on, and 
provide leadership for, multilateral trade issues in Africa. 
Jeter