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

H.E. Ambassador Dr Lansana GBERIE

90.   Addressing inequitable access to health products remains a challenge in the context of the current pandemic, and therefore as mandated in the paragraph 23 of the MC12 WTO's response to the pandemic document, a solution to this critical issue is imperative to build resilience for future pandemics. The protracted discussions on the TRIPS waiver proposal and its delayed and limited outcome have highlighted the importance of a mechanism to deal with future pandemics. My delegation hopes that the TRIPS Council will engage on this issue in earnest and good faith to avoid repetition of the past mistakes and learn from our experiences. Further, we have a suggestion to make with respect to the title of this agenda item, which reflects both documents, WT/L/1141 and document WT/L/1142, the Ministerial Declaration on the WTO response to the COVID-19 pandemic and preparedness for future pandemics. As this agenda deals with implementation of MC12 outcomes with respect to this particular Council, this should get reflected in the title itself as this is not just limited to the COVID-19 pandemic.

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