[CTC] WTO members develop TRIPS schedule as expansion deadline looms

[Arthur Stamoulis]

WTO members develop TRIPS schedule as expansion deadline looms
Inside US Trade, 10/03/22
 
World Trade Organization members will meet at least three times in the coming months to discuss expanding their recent decision to broaden intellectual property flexibilities for COVID-19 vaccines to include tests and treatments, a proposal they must accept -- or not -- by mid-December.
 
The 12th ministerial conference decision to broaden flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights to facilitate COVID-19 vaccine production for developing countries included a deadline to decide whether to expand the scope of the decision to diagnostics and therapeutics in six months, or by mid-December. The discussion of the expansion has not progressed much yet as several members have said they needed time to consult with domestic officials and stakeholders.
 
During an informal meeting of the TRIPS Council on Monday, members scheduled more informal meetings on the issue for Nov. 2, Nov. 16 and Dec. 6, in addition to a formal TRIPS Council gathering on the books for next week, according to a Geneva-based trade official familiar with the meeting. Another meeting on Dec. 15 -- just before the deadline -- could be added, the official noted.
 
India and South Africa, the original sponsors of a broad TRIPS waiver proposal that led to the compromise MC12 decision, are pushing for the expansion to diagnostics and therapeutics. They, along with other proponents like Egypt and Nigeria, on Monday cited increased patent applications for therapeutics this year along with what they described as meager voluntary licensing to date, according to the official.
 
They also note that production of diagnostics is concentrated in high-income countries, contending this has resulted in scarcity and high prices for others.
 
Some developed members remain skeptical of the expansion, which cannot pass without a consensus. During Monday’s meeting, Switzerland, the United Kingdom and the European Union called for fact-based analysis that identifies IP-related barriers as well as more information on other aspects of the issue like supply, production and distribution, according to the official.
 
A handful of other countries -- including Mexico and South Korea -- noted the ongoing question of how the scope of the expansion would be determined, pointing to the existence of several tests or treatments that have uses beyond COVIID-19, the official said. In particular, these countries cited a couple possible options: Defining “diagnostics and therapeutics” or creating a list of covered products.
 
The U.S. did not intervene at Monday’s meeting. During previous sessions it has been among those to call for more time to discuss the issue with domestic stakeholders. Leading up to MC12, the Biden administration continued to note its support for a potential waiver for COVID-19 vaccines but has not publicly said its position on expanding the ministerial TRIPS decision. The administration faces some significant pushback from Republican lawmakers on the issue, as well as lobbying on its behalf by progressive groups.
 
The TRIPS Council chair, Sierra Leone Ambassador Lansana Gberie, called the Monday meeting “a good discussion,” according to the Geneva official. He urged members to continue their discussions outside of the council and especially to “focus on the concrete issues,” the official added.
 
Gberie said he hoped to see progress at the TRIPS Council meeting scheduled for next week. -- Hannah Monicken (hmonicken at iwpnews.com <mailto:hmonicken at iwpnews.com>)
 
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