As many as 40 members of the Geneva-based World Trade Organization (WTO) have discussed a proposal submitted by India and South Africa to relax certain provisions in the intellectual property (IP) agreement with a view to containing the COVID-19 pandemic, the Geneva-based body said.
Earlier this month, India and South Africa have submitted a proposal suggesting a waiver for all WTO members on the implementation, application and enforcement of certain provisions of the TRIPS Agreement in relation to the prevention, containment or treatment of COVID-19.
The Agreement on Trade-Related Aspects of Intellectual Property Rights or TRIPS Agreement came into force in January 1995. It is a multilateral agreement on intellectual property rights such as copyright, industrial designs, patents and protection of undisclosed information or trade secrets. According to the WTO briefing note Issued on Tuesday (20.101.2020), proponents of the proposal argued that the relaxations would avoid barriers to timely access to affordable medical products, including vaccines and medicines, or to increasing research, development, manufacturing and supply of essential medical products.
“At the TRIPS Council meeting on 15-16 October 2020, WTO members discussed how best to use the global intellectual property system to address the COVID-19 pandemic,” the WTO said. It added that some 40 members engaged in substantive discussion on a proposal submitted by India and South Africa for a temporary waiver of certain obligations under the TRIPS Agreement.
The statement also clarifies that while several developing and least developed country members welcomed the proposal as a contribution to the debate, Many were still studying it in their capitals and asked for clarification on certain points., in particular with regard to its practical implementation and the potential economic and legal impact of the exemption at national level.
“Several developing and developed countries opposed the waiver proposal, noting that there is no indication that intellectual property rights (IPR) have been a genuine barrier to accessing COVID-19-related medicines and technologies,” it said. Opponents have opined that the suspension of intellectual property rights, even for a limited period of time, was not only “unnecessary” but would also “undermine” collaborative efforts to combat the pandemic already underway.
The waiver, proposed by the two countries, would cover obligations in four sections of Part II of the TRIPS Agreement.: Section 1 (copyright and related rights), Section 4 (industrial designs), Section 5 (patents) and Section 7 (protection of undisclosed information). It would last for a specified number of years, as agreed by the General Council, and until widespread global vaccination is established and the majority of the world's population is immune. Members would review the waiver annually until its termination.
“According to proponents, an effective response to the COVID-19 pandemic requires rapid access to affordable medical products such as diagnostic kits, medical masks, other personal protective equipment and ventilators, as well as vaccines and medicines,” it said. It added that as new diagnostics, therapeutics and vaccines for COVID-19 are being developed, there were significant concerns about how they will be quickly available in sufficient quantities and at affordable prices to meet global demand.
Council President Ambassador Xolelwa Mlumbi-Peter of South Africa said that The matter would remain suspended while members continue to consider the proposal.The council would meet again on the matter.
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