H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)

Indonesia

3 IP MEASURES IN THE CONTEXT OF COVID-19

74.   We thank the Secretariat for their effort in compiling this very important information that would be beneficial for all Members to learn from each other on using IP measures to respond to a public health crisis. 75.   Concerning Hungary's notification, we would like to understand more on how this is in line with the European Union's interpretation of Article 31 of the TRIPS Agreement and the EU Action Plan on Intellectual Property, which underlined that compulsory licensing is a last-resort action that could be taken by Members. At the same time, it is reported that Hungary is simultaneously obtaining the medicine via the EU Joint Procurement Agreement. Hungary's experience in swiftly using compulsory licensing under Article 31 of the TRIPS Agreement for Remdesivir could probably help Indonesia and other developing countries and LDCs to invoke TRIPS flexibilities more efficiently in the near future. We would like to understand more about Hungary's experience on this matter.

The Council took note of the statements made and agreed to revert to this item at its next meeting.

15. The Chair recalled that this agenda item had been discussed in the Council since its informal open-ended meeting on 19 June 2020 and had been on the Council's agenda at its formal meetings since then. In light of broad support for a continuation of these exchanges at the preceding meetings, the item was on the agenda to facilitate exchange of views on measures undertaken as the pandemic persists.
16. As one basis for the Council's exchange, she referred to the compilation "COVID-19: Measures Regarding Trade-Related Intellectual Property Rights" that was available from the WTO website and contained 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 Members concerned. This list was updated continuously, even if the rate at which new measures are brought to our attention had slowed considerably since the last meeting. She encouraged Members to inform the Secretariat of any measures that should be included on this list, as well as any update or information on the expiry, or end of application, of such measures. She invited Members to inform the Council on their measures.
17. The representatives of Chile; Canada; the European Union; Ecuador; South Africa; China; the Russian Federation; and Indonesia took the floor.
18. The Chair proposed that, in view of the continued interest on this agenda item, 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.
19. The Council took note of the statements made and agreed to revert to this item at its next meeting.

IP/C/M/98, IP/C/M/98/Add.1