H.E. Ambassador Dr Lansana GBERIE

Brazil

12 PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED ON 17 JUNE 2022

259.   Brazil remains fully engaged in the debate on paragraph 8 of the Ministerial Decision on the TRIPS Agreement. Unfortunately, consensus was not achieved in December 2022 on the extension of the June 2022 Decision to cover therapeutics and diagnostics. We support, however, the decision to defer the deadline in order to give Members more time to reach consensus. But it is important to achieve a sounding result that reinforces the WTO's contribution to the capacity of Members in fighting COVID-19, particularly in the developing world. In the same sense, we should not lose the sense of urgency on this matter. COVID-19 continues to inflict a deadly and disproportionate toll on developing and least-developed countries. We urge, therefore, Members to work constructively on a positive and balanced outcome that provides for an enhanced and timely access to COVID-19 essential medical goods at affordable prices. 260.   Finally, I would also want to highlight the importance of coherence between the positions that have been shown at the WTO and those shown here at the WTO and World Intellectual Property Organization, particularly in relation to the intellectual property aspects that are being dealt with in the negotiation process of a global accord on pandemic prevention, preparedness and response in the context of the Intergovernmental Negotiating Body (INB) of the World Health Organization. We also thank our colleague from South Africa for mentioning the comments made by Ambassador Tovar at the INB where we are honoured to have him among its members, and we count with the strong support of the South African delegation on the negotiations taking place at the WHO in this aspect.

60. The Council so agreed.

56. The Chair recalled that under paragraph 8 of the Ministerial Decision on the TRIPS Agreement, adopted on 17 June 2022, Members had agreed to make a decision within six months from adoption, on whether to extend this Decision to cover the production and supply of COVID-19 diagnostics and therapeutics. He also recalled that at the last formal meeting in October – and resumed in December – the Council had recommended to the General Council to extend the deadline for such a decision. The General Council, at its meeting on 19 December 2022, had agreed to this recommendation and resolved to return to the question of the duration of the extension at its next meeting. At its recent meeting on 6-7 March 2023, the General Council had agreed that it would keep the question of the duration of the extension on its agenda again for its next meeting – and that Members would provide updates on where they stand on their internal processes. In the meantime, substantive discussions would continue in the Council for TRIPS. It was against this background, that the item was on the Council's agenda.
57. The representatives of Tanzania, on behalf of the African Group; South Africa; Bangladesh, on behalf of the LDC Group; Nepal; Egypt; Kenya, on behalf of the ACP Group; Indonesia; China; India; the United States of America; Brazil; Switzerland; Japan; the United Kingdom; Chinese Taipei; the European Union; Korea, Republic of; Singapore; and Norway took the floor.
58. With respect to next steps, the Chair said that in his experience, Council discussions were most constructive when they were well prepared and took place on the basis of submissions and proposals that Members had been able to study in advance. The 10-day rule for the closing of the Airgram was intended precisely for that purpose, namely, to allow Members to prepare for the items on the agenda, so that discussions at the Council meeting were constructive and focused. The next formal meeting of the Council was scheduled for 14-15 June – and the agenda for that meeting would close on 1 June.
59. Given that his term as Chair ended with the current meeting, he suggested that the new Chair be invited to consult with Members on how best to move forward with work under this agenda item.
60. The Council so agreed.

IP/C/M/107, IP/C/M/107/Add.1