As the world braces to deal with the growing threat from Omicron, the WTO TRIPS Council is set to meet this week to sort out the long-pending issue of temporary easing of intellectual property norms on Covid vaccines and medical supplies following the indefinite postponement of the 12th WTO Ministerial Conference.
“The TRIPS Council, which is to meet on December 16, will consider the proposals made by India and South Africa for a temporary waiver of IP and by the EU for using the provisions of Trade Related Intellectual Property Rights (TRIPS) and Public Health on compulsory licences. There is a growing feeling among member countries that the matter should not be delayed any longer,” a person familiar with the matter told BusinessLine .
Pandemic response
Earlier this month, WTO Director General Ngozi Okonjo-Iweala had underlined that negotiations need not stop because of the postponement of the 12th MC, and urged members to try and conclude talks on pandemic response (including a resolution on IP issues) and fisheries subsidies by February.
“The pandemic is raging — people are dying globally in numbers similar to April 2020. The public expects a response from WTO members....The new Omicron variant has reminded us once again of the urgency of achieving equitable access to vaccines in every country in the world,” she had said. The DG was of the view that a comprehensive response to the pandemic must include intellectual property, and she urged members to find a compromise.
The 12th MC, which was scheduled between November 30 and December 3, had to be postponed due to the fast spread of the Omicron and the re-imposition of travel curbs by several countries, including Switzerland.
India and South Africa’s proposal, submitted to the WTO on October 2, 2020, calls for a temporary waiver on specific TRIPS norms for Covid vaccines, medicines and medical products to ensure that they are seamlessly available to every country, however poor, at affordable prices.
EU’s opposition
Although the proposal is backed by more than 100 countries, there are some, including the EU, that are still opposed to it. The EU proposes facilitating the use of current compulsory licensing provisions in the TRIPS Agreement by including simple mechanisms for its use as a more practical option.
By issuing a compulsory licence, a country can authorise a non-patent holder to manufacture a patented item without the consent of the patent holder (adequate remuneration will, however, be paid). But the mechanism of issuing compulsory licences is complex, which, the EU says, should be eased.
India’s Ambassador to the WTO, in his recent address at the WTO General Council meeting, pointed out that it was imperative that the WTO be willing to deliver solutions that alleviate the problems of the most resource poor and vulnerable. “The (TRIPS) waiver becomes central to an effective WTO response to Covid and to achieving equitable access. Time for ideological debates on whether waiver would work or be effective or whether existing flexibilities in the form of compulsory licensing are sufficient is over,” said the Ambassador.