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The obscure project tried to steer the somewhat stalled ip discussions towards a compromise agreement. Mr. Dunkel sought to reach consensus on the contentious areas, attacking a number of successes in large states, while reconciling them with the wishes of others. For example, the European Community has not obtained the inclusion of the main European intellectual concept of copyright in the terms of copyright, but has obtained concessions with regard to the appellations of origin of wines and spirits. Similarly, the Japanese maintained their CD rental practice and the United States obtained the extension of patentability to all domains, but had to accept that countries could exclude certain objects from patentability. While national members of the developed quad have benefited from these reasonable benefits, developing countries have only benefited from transitional periods before complying with these conditions. [26] GATT was the international trade forum that advanced and finalized TRIPS legislation. On 16 December 1997, the South African government passed the South African Medicines and Residual Substances Act. This allowed South Africa`s Minister of Health to allow parallel importation of patented medicines to deal with the AIDS crisis in South Africa, where HIV infection is the highest and highest HIV infection in Africa. The law drew the ire of pharmaceutical companies who argued that it violated TRIPS patent requirements. The United States responded by urging South Africa to repeal the law and placing the country on the USTR Watch list in 1998 for possible trade sanctions. In February 1998, 41 pharmaceutical companies filed legal proceedings against the South African government in South African courts, calling Nelson Mandela an accused of forcing the abolition of the law.

The legal proceedings sparked outrage in the pharmaceutical industry around the world, and in April 2001 the parties withdrew from the litigation, concerned about the review of drug prices and corporate profits. [54] Following the global turmoil surrounding TRIPS and public health, the WTO issued a public health communication on 14 November 2001 as part of the Doha Round of the GATT talks, the Doha Declaration. The aim of the declaration was to allay global public health concerns by reaffirming the compatibility of TRIPS with health objectives and the sovereign right of countries to interpret their concepts in a way that dispels public health concerns (paragraph 4). In paragraph 5, point d), of the declaration, the right of nations to practice parallel imports without outside interference was described in paragraph 5, point d), of the declaration. To address the potential problems of limiting compulsory licences to a national sector in the case of LDCs, paragraph 6 indicates that, on 15 April 1994, the Final Act on the Outcomes of the Uruguay Round Multilateral Trade Negotiations was signed.