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

H.E. Ambassador Dr. Lansana GBERIE

139.   Egypt aligns itself with the statement delivered by South Africa of behalf of the cosponsors of the original waiver proposal. At the outset, let me assure you that we are looking forward to engaging constructively with other Members to implement all the outcomes of MC12, including the Ministerial Decision on the TRIPS Agreement adopted on 17 June 2022. In this regard and pertaining to paragraph 8 of the referred Ministerial Decision, there is global recognition that controlling COVID- 19 requires a comprehensive approach beyond vaccines. There is no dispute that therapeutics and diagnostics are central to effectively responding to the COVID-19 pandemic and to socio-economic recovery. 140.   On 29 June, Dr Tedros, Director-General of the World Health Organization, announced that the pandemic is not over yet. To date the WHO has recommended a number of therapeutics, but many of them are either unavailable and/or unaffordable in many developing countries. 141.   The extension of the Decision has its rational base, among other things. First of all it is not only vaccines that are needed now. Supply and production of diagnostics and therapeutics have become more important. Existing patents on diagnostics and therapeutics increase the cost of treatment making it difficult to create modern mechanisms through which to deliver medicines at visible and affordable cost, especially in low-income developing countries. The use of compulsory licenses as per Article 31 of TRIPS to override the patent barrier and a waiver of the Article 31(f) condition could facilitate equitable access. With respect to testing, WHO recognizes it to be the cornerstone for the management of the COVID-19 pandemic. Testing is critical to detect cases, to identify new variants and the rate of infection, but disparity in testing is huge. In May 2022, Dr Tedros, Director-General of the WHO, highlighted the importance of timely access to affordable diagnostics tools in developing and least developed countries. 142.   Against this background we underscore that a holistic approach is required to ensure an effective response to COVID-19, and we stress the importance of the TRIPS Council to take urgent steps, within the timeline proposed in room document RD/IP/49, to facilitate access for diagnostics and therapeutics, through extending the Ministerial Decision to cover the production and supply of COVID-19 diagnostics and therapeutics.

This Council took note of statements made and agreed to revert to this matter at its next meeting.
52. The Chair recalled that on 17 June 2022, the 12th Ministerial Conference had adopted a Ministerial Decision on the TRIPS Agreement which aimed to improve the capacity of developing country Members to produce and supply COVID-19 vaccines to other eligible Members. Paragraph 8 of the Decision provided that no later than six months from the date of this Decision, Members would decide on its extension to cover the production and supply of COVID-19 diagnostics and therapeutics.
53. The Chair recalled that barely three weeks had passed since the Ministerial Conference, which was concluded on 17 June, and that some were still recovering from the intense negotiations. He did not expect that Members had had time to prepare an in-depth position on the complex question of extending this decision to additional products, such as therapeutics and diagnostics. He also recalled from the negotiations during the 12th Ministerial Conference, that one reason for postponing a decision on extension to 6 months after adoption was that certain Members did not have a mandate to consider covering diagnostics and therapeutics, and that they would need the six months for discussions in their domestic arena to obtain such a mandate. He therefore assumed that Members would need time to prepare their engagement in this regard. and what could be expected at this first consideration of the topic would be a sharing of views on how best to approach the matter going forward.
54. The representatives of South Africa; Uruguay; Pakistan; Maldives; Ukraine; Egypt; Tanzania; Bangladesh; Indonesia; Argentina; Sri Lanka; China; India; the Russian Federation; Hong Kong, China; Chile; Bolivia, Plurinational State of; Australia; Brazil; the United Kingdom; Singapore; Norway; Canada; Japan; Korea, Republic of; the European Union; Malaysia; the United States; New Zealand; Nicaragua; Thailand; Switzerland; Panama; Mexico; and Peru took the floor.
55. The Chair said he had carefully listened to Members' views on how work in the Council should proceed on this very important matter. He said he recognized, as many delegations had, that this was a ministerial decision with a tight timeline and that the matter therefore needed to be treated with urgency. He also recognized that a number of delegations needed to consult with their capitals in order to agree on a proper framework for this decision.
56. He confirmed that there was a commitment by the Council to keep this matter alive until the decision was finalized. As regards reporting to the General Council, he noted that the next meeting was scheduled for 25-26 July, which was only 20 days away, and that therefore chances were slim that the TRIPS Council would have a lot to report by that time, given also that other meetings like the WIPO Assemblies were taking place in the meantime. Against this background, he suggested that it would be the best use of time if Members themselves brought their assessment of the discussions to the attention of the General Council during the next meeting.
57. With respect to continuing discussions, which he as Chair was committed to, he said it was important for meaningful discussions to start as soon as delegations were ready to engage on the substance of this rather complex question. It was important to carefully balance the urgent need to take this decision before the deadline in December as well as the time for domestic consultations necessary for some to proceed. In designing the proper framework on how to engage in this process it was also important to ensure that discussions were open, inclusive and transparent - as had been emphasized by many delegations.
58. He said that the experience of the negotiations leading to the Ministerial Decision suggested that, in the meantime, bilateral discussions and small group discussions could be extremely helpful to work out a proper framework around which a decision could be constructed by consensus – which remained an absolute requirement with respect to decisions by the Council and by the WTO. He therefore encouraged bilateral and small group meetings in the meantime, and said that this certainly remained a very active matter, that it would be properly discussed and the decision arrived at within the timeframes set by the ministerial decision.
59. This Council took note of statements made and agreed to revert to this matter at its next meeting.
IP/C/M/105, IP/C/M/105/Add.1, IP/C/M/105/Corr.1