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(a) necessary to secure compliance with its laws and
regulations that are not inconsistent with this Chapter; and

(b) not applied in a manner that would constitute a disguised
restriction on trade.

3. The obligations under paragraph 1 do not apply to procedures
provided in multilateral agreements concluded under the auspices
of WIPO relating to the acquisition or maintenance of intellectual
property rights.

Article 11.8: The TRIPS Agreement and Public Health

1. The Parties reaffirm the Doha Declaration on the TRIPS
Agreement and Public Health adopted on 14 November 2001. In
particular, the Parties have reached the following understandings
regarding this Chapter:

(a) the Parties affirm the right to fully use the flexibilities as
duly recognised in the Doha Declaration on the TRIPS
Agreement and Public Health;

(b) the Parties agree that this Chapter does not and should not
prevent a Party from taking measures to protect public
health; and

(c) the Parties affirm that this Chapter can and should be
interpreted and implemented in a manner supportive of
each Party’s right to protect public health and, in particular,
to promote access to medicines for all.

2. In recognition of the Parties’ commitment to access to medicines
and public health, this Chapter does not and should not prevent
the effective utilisation of Article 31bis of the TRIPS Agreement,
and the Annex and Appendix to the Annex to the TRIPS
Agreement.

3. The Parties recognise the importance of contributing to the
international efforts to implement Article 31bis of the TRIPS
Agreement, and the Annex and Appendix to the Annex to the
TRIPS Agreement.

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