Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Xolelwa Mlumbi-Peter
United States of America
14 INTELLECTUAL PROPERTY AND PUBLIC INTEREST: BEYOND ACCESS TO MEDICINES AND MEDICAL TECHNOLOGIES TOWARDS A MORE HOLISTIC APPROACH TO TRIPS FLEXIBILITIES
571.   Intellectual property encourages innovation, incentivizes research and development, and manufacturing and distribution. These core features of intellectual property are necessary for the global community to find and develop treatments and cures for this deadly pandemic and to support economic recovery. 572.   Innovation is complex and risky, as we are witnessing with respect to the development of new COVID vaccines and treatments. Intellectual property rights are necessary to promote innovation in the face of that risk. Moreover, intellectual property rights help to ensure that there is a robust innovative ecosystem in place that encourages all relevant actors to participate in the complex process of drug discovery for new and improved treatment options in the future 573.   Investment in research and development for innovative products has contributed to powerful improvements in public health outcomes, and IPRs has played a key role in facilitating this innovation, including more than 550 new therapies developed since 2000. 574.   Support for innovation and intellectual property is essential, and there can be no access to drugs that have not been developed. 575.   In fact, in this crisis, many right holders have voluntarily pledged or given access to intellectual property, whether it be access to key scientific journals or open source designs for personal protective equipment, or design specifications for ventilators. 576.   In addition, the USPTO's platform Patents 4 Partnerships lists COVID-19 related inventions that are available for licensing to individuals and businesses. To date, there are over two hundred inventions listed. 577.   As we have stated in past discussions and under agenda item 3, IP is an important piece, but ultimately only one piece, of addressing the issue of access to any potential therapy. We believe that the IP system has not been an obstacle in addressing the pandemic but rather has motivated global efforts to find treatments and cures. 578.   As affirmed in the Doha Declaration on TRIPS and Public Health, the United States respects its trading partners' right to protect public health and, in particular, to promote access to medicines for all and supports the vital role of the patent system in promoting the development and creation of new and innovative lifesaving medicines. 579.   Consistent with this view, the United States respects the rights of its trading partners to grant compulsory licenses, in a manner consistent with the TRIPS Agreement, including with the requirements in Article 31. 580.   The United States encourages its trading partners to consider ways to address their public health challenges while maintaining intellectual property systems that incentivize the investment and research necessary to develop innovative new medicines. 581.   The United States continues to encourage all WTO Members to promote a stable and predictable patent system that can nurture innovation. WTO Members can and should ensure supportive environments for innovators to achieve success and make significant contributions to economic growth in their country. 582.   Many pharmaceuticals have their origins in countries with strong patent systems. 583.   Robust and predictable patent systems provide interested parties with incentives necessary to encourage them to invest many years and significant financial resources into worthy endeavours without a guarantee of success. 584.   Compulsory licensing diminishes the exclusivity of the patent grant and undermines the incentive for innovation and investment that is a critical component of technological progress. 585.   We urge other Members to exercise caution and careful deliberation on issues related to compulsory licensing, as they have significant implications that could negatively affect investment in research and development for the treatments of tomorrow and restrict investment into new markets, including investments in new manufacturing facilities.
The Council took note of the statements made.
55.   The Chair said that this item had been put on the agenda at the request of South Africa. A communication concerning had been circulated in document IP/C/W/666. She invited South Africa to introduce the item.
56.   The representative of South Africa took the floor to introduce the item.
57.   The representatives of Nigeria; Indonesia; Chile; Tanzania, on behalf of the African Group; Colombia; China; Malaysia; Zimbabwe; India; Chinese Taipei; Canada; the United Kingdom; the European Union; Ecuador; Australia; Switzerland; the United States of America; Sri Lanka; Japan; and the WHO took the floor.
58.   The Council took note of the statements made.
IP/C/M/95, IP/C/M/95/Add.1