WTO COUNCIL DEFERS DECISION ON TRIPS WAIVER EXTENSION TO COVID COVID-19 VACCINE, DIAGNOSTICS AND THERAPEUTICS

On Oct 2020, discussion on TRIPS waiver to Covid-19 started with submission of proposal. On 17^th June 2022, the trade ministers adopted the Ministerial Decision which gives members greater scope to take direct action to diversify production of COVID-19 vaccines and to override the exclusive effect of patents through a targeted waiver over the next five years, it also contains a commitment that no later than six months from the date of the decision (i.e. 17 Dec 2022), members will decide on its possible extension to cover the production and supply of COVID-19 diagnostics and therapeutics. At a meeting of the Council for TRIPS on 6 July 2022, WTO members welcomed the adoption of the TRIPS waiver decision.

On 16^th Dec 2022, WTO members agreed to recommend that the General Council extends the 17 December deadline established to decide on whether the TRIPS Decision adopted in June at the 12^th WTO Ministerial Conference should be extended to COVID-19 diagnostics and therapeutics.

What is TRIPS waiver proposal- It refers to a proposal, advanced by the governments of South Africa and India, to the WTO to waive intellectual property rights protection for technologies needed to prevent, contain, or treat COVID-19 “until widespread vaccination is in place globally, and the majority of the world’s population has developed immunity. In brief, the TRIPS waiver just seeks to temporarily suspend these protections until the pandemic has ended, so the world can better access the knowledge needed to combat the worst pandemic in a century. This proposal would give immunity to member countries from a legal challenge at the WTO if their domestic Intellectual Property Regulation (IPR) laws suspend or do not enforce IP protection.

Purpose or justifications behind this waiver:

§  Knowledge sharing to upscale production and bring second generations vaccine to address emerging variants.

§  Need to balance demand Vs Supply by allowing protentional manufacture to produce and supply

Observations and way ahead:  It had been reported that India and many countries have been pushing for waiver and wants 5 year waiver on covid test and treatments but  many developed countries arguing that it could discourage the pharmaceutical industry from responding rapidly to future global health crises. It has been reported in news that United States Trade Representative supported delaying the deadline and that it would ask the U.S. International Trade Commission (USITC) to launch an investigation into the products at issue. It is said that aim to delay is to determine if extending the waiver would result in increased access to the products.

One of the ways ahead as a best-case scenario, a TRIPS waiver for sharing COVID-19-related knowledge and technology to lay foundation to an innovation ecosystem that can ensures a fairer path out of the pandemic than we took going into the pandemic. However, it seems tough to negotiate and balance interest of public health, Intellectual property, trade and other concerns. At the last, history will remember what is done to meet this moment.