UPDATES: expanding the WTO intellectual property waiver for COVID-19

Latest developments with links to some key documents and news

By Peter Ungphakorn
POSTED OCTOBER 4, 2022 | UPDATED AS INDICATED

The waiver on patent protection for COVID-19 vaccines was agreed at the WTO Ministerial Conference on June 17, 2022. The text with brief explanations is here. It includes a provision for WTO members to decide within six months (by December 17, 2022) whether or not to expand the waiver to include COVID-19 tests and treatments:

“No later than six months from the date of this Decision, Members will decide on its extension to cover the production and supply of COVID-19 diagnostics and therapeutics

Background: The original (revised) proposal; the debate; the proposed compromise and analysis.

Updates will be added here for the latest developments, with links to new documents and news items.

(TRIPS = trade-related aspects of intellectual property rights, the official description of intellectual property issues discussed in the WTO — they should be “trade-related”)

Continue reading “UPDATES: expanding the WTO intellectual property waiver for COVID-19”

‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO

Not done yet, but the group-of-four could give the WTO some long-awaited success

Updates
June 17, 2022 — members agree on the waiver at the Ministerial Conference.

From mid-May to June 10 — members work on the compromise draft and discuss further revisions. The text submitted to the Ministerial Conference is here. Earlier versions are here.

May 19, 2022 — An informal meeting to take stock of two days of real negotiation on the compromise among about 30 delegations on May 16 and 18, described by chair Lansana Gberie (Sierra Leone’s ambassador) as “arduous”.

WTO Director-General Ngozi Okonjo-Iweala urged members on all sides to sort out their reservations over the proposed compromise, so that a deal on waiving some intellectual property protection for COVID-19 can be struck by the Jun 12-15 Ministerial Conference. See this Twitter thread.

May 3, 6 and 10, 2022 — The compromise text was finally put to the rest of the membership at a May 3 informal meeting — WTO news story, and the text (html or pdf) — and discussed in a May 6 formal intellectual property council meeting and in the General Council on May 10. Both bodies consist of the full WTO membership.

Members were non-committal about accepting or rejecting the text. But this compromise draft allowed them for the first time to agree broadly to start negotiating on a text in the search for a solution. None of the Quad presented the text as their own, just an attempt to secure an agreement.

See this twitter thread and this WTO news story on the General Council meeting, and this earlier Twitter thread and WTO news story on the intellectual property council. The blog post below had been updated accordingly.

March 28, 2022 — Three of the “Quad” could still be consulting internally on whether to accept the compromise, according to Geneva trade sources.

South Africa is said to have told members in an informal General Council meeting on March 28 that the draft was still being discussed domestically. Only the EU is understood to have completed its internal processes and to have accepted the draft, while India and the United States had not yet confirmed their support for it.

The draft would still have to go to the full membership in the intellectual property council, but no date has been set for the council’s next meeting.

By Peter Ungphakorn
POSTED MARCH 17, 2022 | UPDATED JUNE 17, 2022

Behind-the-scenes negotiations by four key members have raised the prospect of an agreement on intellectual property and the COVID-19 pandemic, which would also help lift the World Trade Organization out of one of its worst crises.


For nearly a year, the United States, […] has worked constructively with other WTO Members to facilitate discussions and bridge differences that might lead to […] consensus across the 164 Members of the World Trade Organization to help end the pandemic.

In the days ahead, […] we look forward to continuing our engagement with members of Congress and stakeholders as all WTO Members consider the text released by the WTO Director-General.

Statement by US ambassador to the WTO María Pagán, May 3, 2022

News broke in mid-March 2022 that the four — the EU, India, South Africa and the US — had agreed on a compromise text on waiving the obligation to protect intellectual property related to the COVID-19 pandemic.

A slightly modified text was circulated to members on May 3, 2022. A cover letter from WTO Director-General Ngozi Okonjo-Iweala summarised how the proposed compromise was negotiated.

Although members offered some initial reactions in meetings over the following week, it still had to be negotiated, agreed, and possibly amended by the WTO’s membership of 164. (See this twitter thread and this WTO news story on the General Council meeting, and earlier this Twitter thread and this WTO news story on the intellectual property council.)

Anything can happen in that process, but so far the compromise has not been rejected outright — it has been accepted as a basis for negotiations. After all, most of those driving the main positions are among the four.

The likelihood of a breakthrough was first reported by Priti Patnaik of Geneva Health Files on March 11.

A month earlier she had broken news of what turns out to be an important part of the compromise — to limit the countries eligible to use the waiver. She reported that India and China would be excluded and that India would resist. How accurate that was at the time is unconfirmed, but the outcome would exclude China and not India.

What are the implications of the proposed compromise? How does it fit into the earlier debate about the waiver? How does it differ from the original proposal?

These are some immediate thoughts. Underlying them are two fundamental questions. Both, in totally different ways, are important:

  • What would this do for dealing with the pandemic?
  • What would this do for the WTO?

Some of the answers will emerge when the full membership gets down to negotiating the compromise in the WTO body responsible for intellectual property, the TRIPS Council. (TRIPS is trade-related aspects of intellectual property rights.)

Continue reading “‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO”

8 reasons why countries disagree over a WTO intellectual property waiver

What the countries are saying — and it’s more than just ‘yes’ or ‘no’ to the waiver

UPDATES

In February it was “no sign of a breakthrough”. By mid-March there were signs
More in: ‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO

The waiver was agreed at the Ministerial Conference on June 17, 2022. The final text is here.

By Peter Ungphakorn
POSTED FEBRUARY 22, 2022 | UPDATED JUNE 18, 2022

The deadlock in the World Trade Organization (WTO) over a proposal to waive intellectual property protection related to COVID-19 is now well into its second year with no sign of a breakthrough.

India and South Africa first made the proposal in October 2020. They produced a revised draft the following May, saying it was based on discussions in the months in between, but the revision produced little change in positions.

The proposal would temporarily waive countries’ obligations under WTO rules to protect some types of intellectual property, for products used to deal with COVID-19.

That’s the general idea. Every part of it is debated.

NEW: WHO’s African ‘hub-and-spokes’ vaccine technology set-up

Continue reading “8 reasons why countries disagree over a WTO intellectual property waiver”

WTO COVID-19 waiver: does the new draft move the talks forward?

A closer examination—paragraph by paragraph—of the re-draft shows how little has changed and how much may still lie ahead

UPDATE
‘Quad’ raise hopes of a COVID-19 deal and revival for the beleaguered WTO
March 2022. This leads to the compromise decision, June 17, 2022, at the WTO Ministerial Conference in Geneva

THE DISCUSSIONS IN THE WTO
An overview of the discussion to February 2022 is in 8 reasons why countries disagree over a WTO intellectual property waiver
An earlier summary of how members responded to this text is in a box at the end, along with an example of the chairman’s report to the General Council.

By Peter Ungphakorn
POSTED MAY 25, 2021 | UPDATED JUNE 20, 2022

The long-awaited revised proposal related to the COVID-19 pandemic, to waive obligations on intellectual property protection, was finally circulated to members of the World Trade Organization (WTO) on May 25, 2021.

This will allow the first negotiations to proceed in the WTO’s intellectual property council since the US swung behind the idea of a waiver, if not necessarily in the form proposed. (The council’s official name is the TRIPS Council — for “trade-related aspects of intellectual property rights”.)

A closer examination of the contents shows that a lot may still have to be negotiated. In other words, this is not just about accepting or rejecting the waiver — to waive or not to waive. What is in the text and what is left out are all significant. We can expect some rough times ahead.

Continue reading “WTO COVID-19 waiver: does the new draft move the talks forward?”

One to watch: Bolivia’s bid to import a Canadian COVID-19 vaccine

Multiple tests: Will Canada respond? Is the WTO system too cumbersome? Is this a better route than waiving intellectual property rights?

By Peter Ungphakorn
POSTED MAY 12, 2021 | UPDATED MAY 12, 2021

News broke late yesterday (May 11, 2021) that a Canadian company, Biolyse Pharma, had agreed to supply Bolivia with 15 million doses of Johnson & Johnson’s Janssen vaccine for COVID-19, without the patent-owner’s permission.

But the deal cannot go ahead until the Canadian government issues a “compulsory licence” for Biolyse Pharma to make the vaccine in Canada and export it to Bolivia.

Although the objective is to get a cheaper version of the vaccine to a developing country — Bolivia — a lot of the focus will be on Canada, which now holds the key.

Continue reading “One to watch: Bolivia’s bid to import a Canadian COVID-19 vaccine”

The proposed COVID-19 intellectual property waiver: too soon to predict

Will the US prevail? What actually lies ahead? How long will it take? And if the waiver is agreed, what impact will it have?

By Peter Ungphakorn
POSTED MAY 7, 2021 | UPDATED FEBRUARY 6, 2022

It’s tempting to conclude that the proposed waiver on World Trade Organization (WTO) intellectual property rules related to the COVID-19 pandemic will swiftly be agreed now that the US is supporting it.

It’s also tempting to assume that if the waiver is agreed, then intellectual property on vaccines and other COVID-19 products will be freely available and in use around the world.

Neither of those will necessarily happen, and almost certainly not quickly.

Continue reading “The proposed COVID-19 intellectual property waiver: too soon to predict”

The WTO’s deadlock over an intellectual property waiver for COVID-19

Questions and explanations about why the waiver is proposed, why it’s opposed and what it would mean

Update: In a remarkable turn-around on May 5, 2021, US Trade Representative Katherine Tai announced the US would support the waiver and negotiate based on a proposed text. The press release referred only to COVID-19 vaccines, not other products. Tai said:

This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures. The Administration believes strongly in intellectual property protection, but in service of ending this pandemic, supports the waiver of those protections for COVID-19 vaccines. We will actively participate in text-based negotiations at the World Trade Organization (WTO) needed to make that happen. Those negotiations will take time given the consensus-based nature of the institution and the complexity of the issues involved.

“The Administration’s aim is to get as many safe and effective vaccines to as many people as fast as possible. As our vaccine supply for the American people is secured, the Administration will continue to ramp up its efforts — working with the private sector and all possible partners — to expand vaccine manufacturing and distribution. It will also work to increase the raw materials needed to produce those vaccines
.”

More:

By Peter Ungphakorn
POSTED DECEMBER 17, 2020 | UPDATED FEBRUARY 13, 2022

A petition with almost a million signatures was delivered to the World Trade Organization on December 9, 2020, calling for the WTO “to urgently ensure access to lifesaving Covid-19 vaccines, treatments and equipment for everyone in the world”.

We can overlook the fact that the WTO has no power to “ensure” anything of the kind. What the petition aimed to do was to support a proposal to waive WTO intellectual property rules temporarily where related to the COVID-19 pandemic.

The delivery was timed for the discussion the following day when members met as the Council for Trade Related Aspects of Intellectual Property Rights (the TRIPS Council). Since then, the proposal has gone nowhere.

Continue reading “The WTO’s deadlock over an intellectual property waiver for COVID-19”