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

H.E. Ambassador Dr Lansana GBERIE
12 PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT ADOPTED ON 17 JUNE 2022
279.   Norway's point of departure is that we need to strike a balance between, on the one hand, ensuring that IP-rights do not constitute a barrier to solving the current or future health crises, and on the other hand, preserving incentives for innovation. We do see possible challenges posed by an open-ended mechanism. The lack of definitions or a clearly defined scope can lead to legal uncertainty for governments and businesses alike. This clarity will not be achieved if the decision is extended mutatis mutandis. Norway will continue to engage constructively.
60. The Council so agreed.
56. The Chair recalled that under paragraph 8 of the Ministerial Decision on the TRIPS Agreement, adopted on 17 June 2022, Members had agreed to make a decision within six months from adoption, on whether to extend this Decision to cover the production and supply of COVID-19 diagnostics and therapeutics. He also recalled that at the last formal meeting in October – and resumed in December – the Council had recommended to the General Council to extend the deadline for such a decision. The General Council, at its meeting on 19 December 2022, had agreed to this recommendation and resolved to return to the question of the duration of the extension at its next meeting. At its recent meeting on 6-7 March 2023, the General Council had agreed that it would keep the question of the duration of the extension on its agenda again for its next meeting – and that Members would provide updates on where they stand on their internal processes. In the meantime, substantive discussions would continue in the Council for TRIPS. It was against this background, that the item was on the Council's agenda.
57. The representatives of Tanzania, on behalf of the African Group; South Africa; Bangladesh, on behalf of the LDC Group; Nepal; Egypt; Kenya, on behalf of the ACP Group; Indonesia; China; India; the United States of America; Brazil; Switzerland; Japan; the United Kingdom; Chinese Taipei; the European Union; Korea, Republic of; Singapore; and Norway took the floor.
58. With respect to next steps, the Chair said that in his experience, Council discussions were most constructive when they were well prepared and took place on the basis of submissions and proposals that Members had been able to study in advance. The 10-day rule for the closing of the Airgram was intended precisely for that purpose, namely, to allow Members to prepare for the items on the agenda, so that discussions at the Council meeting were constructive and focused. The next formal meeting of the Council was scheduled for 14-15 June – and the agenda for that meeting would close on 1 June.
59. Given that his term as Chair ended with the current meeting, he suggested that the new Chair be invited to consult with Members on how best to move forward with work under this agenda item.
60. The Council so agreed.
IP/C/M/107, IP/C/M/107/Add.1