H.E. Ambassador Dr. Lansana GBERIE

India

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

163.   We acknowledge the Decision reached at MC12 contained in document . While the delayed outcome falls short of the expectations and demands of the co-sponsors of the document waiver proposal, it does, however, indicate that the World Trade Organization Membership can go beyond their hard positions and can respond in extraordinary and unprecedented situations. This indeed provides a glimmer of hope for the world at large and for us at the WTO: another opportunity for the Organization to further consolidate and build upon the mandate as provided in paragraph 8 of the Ministerial Decision, and to decide to extend the scope to COVID-19 therapeutics and diagnostics. 164.   We have had over the past several months extensive discussions and consultations on the need for a waiver covering therapeutics and diagnostics as well. As highlighted earlier by the distinguished delegate from South Africa, these are well-documented and publicly available. Let me reemphasize again that therapeutics and diagnostics are integral components that constitute a comprehensive prevent, test and treat strategy to combat the pandemic. Globally it is wellrecognized that testing and treatment are essential aspects of controlling and managing COVID19. They are recommended by the World Health Organization, as well as form part of national strategies for controlling COVID-19. 165.   As we have seen, the spectrum of medical therapies to treat COVID-19 is growing as well as rapidly evolving. It includes antivirals, monoclonal antibodies, immunomodulators and antithrombotic therapies. Despite the progress in COVID-19 vaccine development, therapeutics are still urgently required as people continue to fall sick despite vaccinations and require treatment to recover. Furthermore, WHO's Strategic Preparedness and Response Plan for COVID-19 considers testing to be the cornerstone of the management of the COVID-19 pandemic. 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 COVID19 variants to be identified to begin to build vaccines and therapeutics that can prevent or treat infection. In May 2022, WHO alerted the world that in the absence of testing "we are essentially blind to how the virus is mutating. We do not know what is coming next". Therefore, while the uncertainty continues to linger on regarding mutations, new variations and the efficacy of existing doses, therapeutics and diagnostics, along with vaccines, will continue to be critical for protecting public health. 166.   We must not yet rejoice and pat our backs for achieving the outcome at MC12 and putting this behind us. In fact, as mandated we still have another crucial decision to make on therapeutics and diagnostics, which will further enhance production and ensure access and affordability to COVID19 therapeutics and diagnostics. To this end, Chair, the co-sponsors of the waiver proposal have circulated room document highlighting the urgent need to extend the Decision to therapeutics and diagnostics, as well as proposing an indicative timeline that will help the Membership in scheduling and prioritizing our work in the TRIPS Council to fulfil and realize the mandate in paragraph 8.

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