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

H.E. Ambassador Dr. Lansana GBERIE

147.   Bangladesh welcomes the temporary TRIPS waiver Decision by our Ministers at MC12 to support production and affordable and timely supply of COVID-19 vaccines with a future opportunity to extend the Decision to therapeutics and diagnostics. My delegation thanks the TRIPS Council Chair, Dr Ngozi Okonjo-Iweala, Director-General of the World Trade Organization, Ms Annabel González, Deputy Director-General of the WTO, and every delegation for a collective effort for a final outcome on the temporary TRIPS waiver Decision. This is a muchdelayed Decision after the outbreak of the COVID-19 pandemic; however, it is expected that the Decision will be helpful for scaling up COVID-19 vaccine production. Without further delay, we must begin discussion now to extend the Decision to therapeutics and diagnostics as instructed by the Ministers. The social and economic effects of COVID-19 have been and continue to be disastrous, especially for developing countries and LDCs. My delegation strongly appeals to Members to consider the room document RD/IP/49 circulated today and agree on a positive decision as soon as possible in the next six months. Bangladesh thanks the delegation of South Africa and other delegations on behalf of the proponents, for bringing this room document. 148.   It is evident that there is an urgent need to expand manufacturing globally and to diversify the supply of vaccines, therapeutics and other medical products to effectively fight the pandemic. Therapeutic options for COVID-19 primarily fall into two categories: monoclonal antibodies (administered by infusion) and oral antivirals (administered as tablets). But most of the products, even those recommended by the World Health Organization, are either unavailable or unaffordable to many developing countries. Intellectual property monopolies, especially patents, remain a major barrier to scaling up production and to facilitating equitable access in developing countries. Due to limited manufacturers, there are significant supply constraints for the therapeutics recommended by WHO and for potentially new therapeutics. 149.   Likewise, testing is critical to detect cases, to identify new variants and to better understand the scale of infection. It also allows for rapid action to be taken and to break the chain of transmission. Testing allows for new COVID-19 variants to be identified to begin and develop vaccines and therapeutics that can prevent or treat infection. Testing in developing countries and especially in least developed countries remains low. 150.   The MC12 Decision on a TRIPS waiver for COVID-19 vaccines is just half-way progress. Extending the TRIPS Waiver Decision to cover the production and supply of COVID-19 therapeutics and diagnostics will immensely help middle- and low-income developing countries and LDCs. The issues of therapeutics and diagnostics were also emphasized by Ministers in their Declaration on the WTO Response to the Pandemic. Bangladesh hopes that WTO Members will not fail to deliver a fuller and strengthened TRIPS Waiver Decision including therapeutics and diagnostics to address the most pressing need of humanity today. My delegation stands ready for further work in this regard.

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