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

H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)
Jamaica on behalf of African, Caribbean and Pacific States (ACP)
3 IP MEASURES IN THE CONTEXT OF COVID-19

104.   The African, Caribbean and Pacific States (ACP) Group wishes to commend the Secretariat for its important work in facilitating Members' reporting on the IP measures that have been implemented in the context of COVID-19 and we also thank the Members that have provided updates in this regard. Such initiatives contribute greatly to transparency, which is an important feature of the multilateral trading system. 105.   In the context of the COVID-19 pandemic and TRIPS, the ACP Group continues to reiterate that the WTO should prioritise improved easier access to medicines, diagnostics, medical equipment and other technologies protected by intellectual property rights, thereby expanding the capacity to distribute them globally with the necessary quality and quantity. The WTO has a vital and ethical role to play in striking an acceptable balance between, on the one hand, preserving the health of our populations and on the other, saving the lives of our people. 106.   In this connection, the ACP Group wishes to emphasize that the TRIPS Agreement should continue to be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all.

The Council took note of the statements made and agreed to revert at its next meeting.
14. The Chair recalled that this agenda item had been on the agenda of the Council's informal openended meeting on 19 June, and the last formal meeting on 30 July 2020. At her informal consultations in September 2020, she had asked Members how they would like to take this topic forward. In response, there had been general appreciation among delegations for the Secretariat's work in maintaining the list of COVID-19 related IP measures on the WTO website, and broad support for a continued discussion and exchange based on this compilation. Some delegations had stressed that the discussion should focus on national measures and their implementation, while others had been of the view that a more substantive discussion was warranted.
15. Considering the broad support, she had proposed to continue the exchange of information at the present meeting. She encouraged Members to reflect on how the Council could take the discussion forward and whether it should keep this agenda item, given the continued interest by Members to continue to exchange views as the pandemic persists. She referred to the compilation "COVID-19: Measures Regarding Trade-Related Intellectual Property Rights", available from the WTO website. It was a non-exhaustive list of IP-related measures taken in the context of COVID-19, compiled by the Secretariat from official sources and verified by the relevant Members. The list was updated continuously. She encouraged Members to inform the Secretariat of any measures that should be included on this list, as well as any information on the expiration, or end of application, of such measures.
16. The representatives of South Africa; Chile; China; Nigeria; India; the European Union; Canada; Jamaica, on behalf of the ACP Group; the United States of America; and Indonesia took the floor.
17. The Chair noted that it was important for the Council to provide a forum for exchange as the pandemic continued and that she would like to provide another opportunity to do so at the upcoming Council meeting. She was aware of the sensitivities around "permanent" agenda items, so she would propose that the Council agree to revert to the item at its next meeting, so that the exchanges can once again take place, including on the basis of the updated Secretariat document of COVID-19 related IP measures.
18. The Council took note of the statements made and agreed to revert at its next meeting.
IP/C/M/96, IP/C/M/96/Add.1