[CTC] South Africa, India update Tai on WTO waiver proposal

[Arthur Stamoulis]

South Africa, India update Tai on WTO waiver proposal
By Madeline Halpert, Inside US Trade 
5/14/2021
South African and Indian officials this week provided U.S. Trade Representative Katherine Tai updates on revisions to a proposed waiver of World Trade Organization intellectual property obligations for COVID-19 vaccines, which the two countries began pushing last year.
Tai on Thursday met with South African Minister of Trade, Industry, and Competition Ebrahim Patel <https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/may/readout-ambassador-katherine-tais-virtual-meeting-minister-ebrahim-patel-south-africa-about> and on Friday met with Indian Commerce Minister Piyush Goyal <https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/may/readout-ambassador-katherine-tais-virtual-meeting-india-minister-commerce-and-industry-piyush-goyal> to discuss vaccine production and the proposed waiver.
She “welcomed an update” from both officials about “efforts to revise and resubmit their waiver proposal” and reiterated her support for talks on the waiver, according to USTR readouts of the virtual meetings.
The meetings came a week after the Biden administration announced <https://insidetrade.com/node/171241> it would support waiving certain commitments under the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights for coronavirus vaccines and would “actively participate” in text-based negotiations at the WTO.
The TRIPS waiver proposal was first put forward by India and South Africa last October. The two countries in late April announced plans <https://insidetrade.com/node/171206> to review and revise their proposal in an attempt to find common ground among WTO member countries that remained divided over the waiver.
Goyal on Friday said the meeting was productive.
“Had a fruitful discussion with US Trade Representative @AmbassadorTai <https://twitter.com/AmbassadorTai>
focusing on India & US working together on Trade-Related aspects of Intellectual Property Rights (TRIPS) waiver,” he wrote in a tweet <https://twitter.com/PiyushGoyal/status/1393211937970786315?s=20>. “This will ensure affordable COVID-19 vaccines for all.”
Tai on Friday expressed her “deep sympathy” for India as the country battles its worst coronavirus outbreak yet and “reaffirmed the commitment of the United States to help India during its time of need,” according to the readout.
She also “acknowledged” the WTO members who have shown support for waiver negotiations, according to the readout. The waiver -- which is supported by more than a dozen developing countries -- continues to face significant opposition from several WTO members, including Japan, Australia and Brazil. The European Union, which had been opposed, has since suggested <https://www.reuters.com/world/europe/eu-willing-discuss-covid-19-vaccine-patent-waiver-eus-von-der-leyen-2021-05-06/> a willingness to discuss the waiver, though some member states have signaled continued opposition.
Tai on Friday also met with World Health Organization Director-General Tedros Adhanom Ghebreyesus to explain how U.S. support for the waiver “fits into the administration’s comprehensive effort to expand vaccine manufacturing and distribution around the world,” according to a readout <https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/may/readout-ambassador-katherine-tais-virtual-meeting-world-health-organization-director-general-tedros>. She asked Ghebreyesus for his insights on how to increase global access to vaccines.
During back-to-back hearings on the Biden administration’s trade policy agenda this week, Tai faced a barrage of criticisms from Republican lawmakers over the Biden administration’s decision to back waiver negotiations. At a House Ways & Means committee hearing on Thursday, Rep. Brad Wenstrup (R-OH) argued the waiver could “severely disrupt” vaccine supply chains and dissuade investors from engaging in public-private vaccine partnerships.
Tai, however, contended WTO waiver negotiations would serve as an opportunity to address such concerns.
“I think that because a possible waiver of intellectual property protections at the WTO could lead to negative consequences or unintended consequences -- [that’s] actually a reason for us to engage at the WTO,” she said on Thursday.
She argued there was “room to have conversations” about these consequences and urged the pharmaceutical industry not to be “afraid about what this means.” Tai in recent weeks has met with the heads of major pharmaceutical companies and other stakeholders.
“This is actually an opportunity for them to lean in and build on the incredible work that they've done in research and development and developing these vaccines, to really also becoming part of the solution,” she said.
While acknowledging that the waiver was just one of several actions needed to increase vaccine production and distribution, Tai on Thursday argued that the waiver negotiations were a chance for the WTO to reassert its relevance in addressing modern-day challenges.
“The WTO has not got a record of moving quickly, or getting to yes, across 164 members who must all agree very often,” Tai said. “This is the opportunity for the WTO to show its relevance for mankind.”
 
Arthur Stamoulis
Citizens Trade Campaign
(202) 494-8826




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