WTO MC13: TRIPS waiver for Covid-19 diagnostics, therapeutics unlikely

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Updated – February 14, 2024 at 08:48 PM.

India, South Africa, Indonesia want strong language to highlight lack of consensus on matter

Extension of the temporary waiver of intellectual property rights (IPR) to Covid-19 diagnostics and therapeutics, advocated strongly by several developing nations including South Africa and India, is unlikely to happen at the 13th WTO Ministerial Conference (MC 13) this month-end, going by the IP-related draft report adopted by members ahead of the meet.

“The draft report adopted by WTO members on February 13 on IP-related work  makes it clear that there was persistent disagreement between delegations on whether an extension of the MC12 decision on TRIPS waiver for vaccines, to cover the production and supply of Covid-19 diagnostics and therapeutics, was necessary or appropriate to address any inequitable distribution of such Covid-19 related products,” per a Geneva-based official.

Some members, including India, South Africa, Indonesia, Mozambique (on behalf of the LDC Group) and Bolivia insisted that there should be strong language in the draft report to highlight members’ failure to reach a decision as mandated in the MC12 TRIPS (Trade Related Intellectual Property Rights) decision, the official said. 

The members pointed out that as the mandate of June 2022 also stated that a decision should be reached on the matter and there was no mention of making a recommendation, the MC13 text should not include a recommendation to conclude or exhaust the discussion.

The word ‘failure’, however, was rejected by Japan, EU and some other members.

As a compromise, the members agreed that the text should acknowledge the “considerable efforts”  members have made to support a fact — and evidence-based discussion on the MC12 decision on the TRIPS agreement — but despite the efforts, a consensus could not be reached, the official added.

At the MC12 in June 2022, trade ministers adopted the TRIPS decision on members being allowed to override patents to diversify production of Covid-19 vaccines through clarifications of existing flexibilities and a targeted waiver over the next five years.

In paragraph 8, the decision contained a commitment that by December 17, 2022 members would decide on its possible extension to cover the production and supply of Covid-19 diagnostics and therapeutics. The deadline, however, had to be extended as members could not reach a consensus on the matter.

The MC13 is scheduled in Abu Dhabi on February 26-29 and it is now clear that there will not be a resolution of the matter there, the official added.

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