H.E. Ambassador Dr. Lansana GBERIE

Indonesia

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

151.   At the outset, Indonesia would like to align itself with the statement made by South Africa on behalf of the co-sponsors. On this agenda item, our delegation would like to thank Dr Ngozi Okonjo- Iweala, Director-General of the World Trade Organization and yourself for showing able leadership to steer us towards the adoption of the Ministerial Decision on the TRIPS Agreement during the MC12 meeting last June. I would also like to congratulate the Members for the cooperation and flexibilities shown that allowed us to come up with a much-needed result in addressing the ongoing COVID-19 pandemic. 152.   While reported cases and deaths from COVID-19 have now declined 90% from their peaks in January, we should not be misguided and think that we are at the end of the pandemic. In fact, transmission is increasing in many countries, while new and more dangerous variants are emerging. Furthermore, bear in mind that 40% of the world population remains unvaccinated, and new variants also pose health risks to those who have already been vaccinated. Vaccines are only part of the solution. As we look forward to a world free from the pandemic, our work is far from over and we should seize the momentum to build a more resilient global health system, not only for today's purpose, but also for tomorrow's challenges. 153.   In fact, one of our priorities, as the current chair of the G20, is to encourage the strengthening of global health resilience and help make the global health system more inclusive, equitable, and responsive to crises. To that end, one of our deliverables is ensuring access to emergency medical countermeasures. In this regard, therapeutics and diagnostics are inseparable parts of the countermeasures devised in the World Health Organization's four-pillar strategy, which also includes vaccine and health protocols, and has been proven to be effective in the prevention, containment, and treatment of COVID-19 and subsequent pandemics. 154.   Learning from the lesson of this current pandemic, global health resilience is only as strong as the weakest link. Therefore, we should ensure equitable access to countermeasures through the extension on therapeutics and diagnostics no later than six months after its adoption. With that in mind, Indonesia would also like to extend our full support to document , submitted by South Africa, India, Pakistan, Indonesia, Egypt and Tanzania on behalf of the co-sponsors, that highlights the urgency of holistic countermeasures to the pandemic, as well as guides our work on the key remaining issues on therapeutics and diagnostics. Indonesia, as always, stands ready to engage constructively on this issue.

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