WTO fails to strike deal to waive COVID-19 IP
Talks on a landmark proposal to waive IP rights for vaccines and treatments related to COVID-19 have stalled, following the failure of the World Trade Organisation (WTO) to conclude an agreement.
During the discussions, held on Friday, October 16, member states declined to suspend provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The talks followed a bid by India and South Africa earlier this month to persuade the WTO to encourage countries not enforce patents for COVID-19 drugs and vaccines by waiving provisions of the agreement.
In their proposal, they argued that IP was one of the main stumbling blocks in ensuring fair access to these essential drugs and that developing countries were being disproportionately affected by the pandemic.
In the letter to the WTO, issued October 2, the two countries also warned the organisation that certain parts of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), that cover IP, could prevent or delay access to essential medical products.
If agreed, the waiver would have suspended the implementation, application and enforcement of certain IP rights, such as patents on pharmaceutical products, facilitating the development and manufacture of more and lower-cost COVID-19 diagnostics, treatments and vaccines.
The UK was among the countries that opposed the proposal, arguing that it had not been proven that IP had so far curbed the availability of vaccines and therapeutics during the pandemic.
In a statement, UK representatives defended its position: “Beyond hypotheticals, we have not identified clear ways in which IP has acted as a barrier to accessing vaccines, treatments, or technologies in the global response to COVID-19. A waiver to the IP rights set out in the TRIPS Agreement is an extreme measure to address an unproven problem,” a spokesperson said.
“Pursuing the proposed path would be counterproductive and would undermine a regime that offers solutions to the issues at hand. Rather, we should consider how to meet the objectives of prevention, containment and treatment of COVID-19 as set out in the communication.”
According to the UK’s statement, multiple factors need to be considered to ensure equitable access for all to COVID-19 vaccines. “These include increasing manufacturing and distribution capacity, measures to support or incentivise technology transfer, ensuring global supply chains remain open, and ensuring that effective platforms are utilised to voluntarily share IP and know-how,” the statement said.
Amnesty International, however, criticised the failure of the WTO countries to reach an agreement.
Steve Cockburn, Amnesty International’s deputy director for global issues, said: “Faced with an unprecedented pandemic, there is an urgent need to remove any barrier that may prevent the development and production of sufficient quantities of affordable COVID-19 diagnostics, treatments and vaccines.”
He added: “Now more than ever, the world needs governments and companies to work together and share their knowledge and technologies. With more than a million lives already lost to this virus, action is desperately needed to ensure global access to these medical products as soon as possible.”
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