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

H.E. Ambassador Dr Lansana GBERIE

88.   In the MC12 Declaration on the WTO response to the COVID-19 pandemic and preparedness for future pandemics, Members acknowledged that the pandemic has highlighted the importance of working towards enhancing timely, equitable and global access to safe, affordable and effective COVID-19 vaccines, therapeutics, diagnostics and other essential medical goods. We recognized the role of the multilateral trading system in supporting the expansion and diversification of production of essential goods and related services needed in the fight against COVID-19 and future pandemics. We underscored the critical role that the WTO can play in promoting inclusive growth including industrialization, and development. 89.   We wish to recall the statement of the 65 co-sponsors of the TRIPS waiver proposal, at the General Council of March 2023 where the co-sponsors outlined the concerns they have with the scope of the MC12 outcome and the time it has taken the WTO to deliver comprehensive outcomes that are relevant and in the interest of humanity. Importantly, the co-sponsors emphasized that the pace of discussions have outlined the importance of trigger-ready mechanisms to deal with future pandemics and called upon the TRIPS Council to urgently engage on this issue with a view to take this matter forward. We propose that agenda Item 3 be broadened to IP and COVID-19, and Preparedness for Future Pandemics to take into account bullet point 3 on document WT/L/1142.

20. The Council took note of the statements made and agreed to revert to this item at its next meeting.
16. The Chair recalled that, at its last formal meeting, the Council had agreed to discuss the following three topics under this agenda item:
a. IP-related domestic measures taken by Members in the context of the COVID-19 pandemic. The Chair once again referred to the compilation "COVID-19: Measures Regarding Trade-Related Intellectual Property Rights" on the WTO website which contained a non-exhaustive list of IP-related measures taken in the context of COVID-19, compiled by the Secretariat from official sources and verified by the Members concerned. The list was being updated continuously, even if there had been no recent changes to the document. He encouraged Members to inform the Secretariat of any measures which should be included on the list, as well as any update or information on the expiry – or end of application – of such measures.
b. Under paragraph 24 of the Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics (document ), the Council was mandated to continue or initiate work to analyse lessons learned and challenges experienced during the COVID-19 pandemic. Given that the Council had already initiated discussions on COVID-19-related experiences in the field of IP under this agenda item, it was agreed that the Council would treat any proposals that Members might make in this regard under this item.
c. Paragraph 5 of the Decision on the TRIPS Agreement (document ) required Members to "communicate to the Council for TRIPS any measure related to the implementation of the Decision, including the granting of an authorization" as soon as possible after the adoption of the measure. It had been agreed at the last meeting that, to the extent that such communications were not already covered by notifications of laws and regulations under item 1, the Council would provide an update on them under this agenda item. In this regard, he noted that no communications under paragraph 5 of the Ministerial Decision had been received to date.
17. The Chair opened the floor for any intervention on the three aspects treated under this agenda item.
18. The representatives of South Africa, India, the European Union and the United Kingdom took the floor.
19. The Chair proposed to revert to the item at the next meeting to ensure that the exchanges could continue, including on the basis of the following:
a. the updated Secretariat compilation of COVID-19-related IP measures,
b. any communications that might be received from Members under paragraph 5 of the MC12 TRIPS Decision, and
c. any proposals Members might wish to make in the context of paragraph 24 of the WTO Declaration on Pandemic Response.
20. The Council took note of the statements made and agreed to revert to this item at its next meeting.
IP/C/M/107, IP/C/M/107/Add.1