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

H.E. Ambassador Dr. Lansana GBERIE
European Union

190.   The European Union welcomes the outcome achieved during the WTO Ministerial Conference in June on a number of clarifications and a waiver of certain obligations of the TRIPS Agreement to allow eligible WTO Members to authorize a company to manufacture and export COVID-19 vaccines in a fast and simplified manner without the consent of the patent owner. 191.   The solution backs and clarifies the flexibilities that exist in the TRIPS Agreement. It simplifies the process to export vaccines and their ingredients to other developing countries, which should help overcome difficulties related to the domestic implementation of the TRIPS Agreement flexibilities and support developing countries in scaling up their production capacity and supplying vaccines to other developing countries. 192.   The outcome and the discussions that we have had over the last year should also lead to all WTO Members equipping themselves with agile and efficient legislative frameworks that fully use all the flexibilities that already exist in the TRIPS Agreement. Clearly one of the key lessons learned from this exercise is that currently this not the case and that there is an important margin for improvement. The agreed outcome maintains the protection of intellectual property, a key element for developing countries not only to benefit from the innovation that the system sustains but also to have the environment that incentivizes the needed investments in the pharmaceutical sector. 193.   The European Union is ready to engage constructively in the discussions on the extension of the mechanism agreed by the WTO Ministerial Conference to therapeutics and diagnostics. We are currently analysing the situation on the market as regards these products in order to prepare consultations with our Member States. In that regard, we would like to thank the co-sponsors of document IP/C/W/669/Rev.1 for the room document, which we will analyse in detail. 194.   We also welcome the Declaration on the WTO Response to the Pandemic and Preparedness for Future Pandemics and want to emphasize the need for comprehensive action when it comes to addressing pandemics, including a commitment to transparency, timely and comprehensive information sharing, and restraint in imposing export restrictions.

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