The World Trade Organization’s (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) met on Thursday 24 June, to discuss the intellectual property (IP) rights of Covid-19 vaccines. The EU was able to present and defend its written proposal, which was transmitted to WTO members on 18 June.
The EU has argued that its proposal could be adopted quickly, as it does not amend the TRIPS agreements, but clarifies certain points, according to a senior Geneva official.
In their text, the Europeans make it clear that governments do not need to negotiate with IP owners to grant compulsory licences. These allow a State to grant a targeted licence that allows a company to produce a vaccine or drug without the consent of the rights holder.
The EU also states that companies would be supported by States in setting the remuneration of intellectual property owners so that this step does not become a blocking point.
Finally, the last element that the EU is putting forward concerns the right to export of companies benefiting from compulsory licences. It wants to clarify that the notification procedure for companies will not only allow them to distribute vaccines in the territory where they are established, but also to export to a list of countries mentioned.
According to the Geneva source, South Africa, India, Tanzania, Indonesia, Nigeria, Bolivia, Pakistan, Namibia and Zimbabwe have expressed doubts about the benefits of the EU proposals. These countries have indicated that the elements introduced merely repeat existing provisions in the TRIPS agreements.
They consider that the mentioned flexibilities are not sufficient to ease procedures and increase production. In their view, only the lifting of patents would be effective.
On the other hand, the United States, Singapore, Australia, Colombia, Chile, South Korea, Switzerland and the United Kingdom welcomed the European initiative but asked for clarification.
The President of the TRIPS Council, Dagfinn Sørli (Denmark), pointed out that major differences remained between the EU’s written proposal and the revised proposal for the lifting of patents, submitted in May. He invited members to continue the exchanges and, above all, to answer each other’s questions.
Their next informal meeting will be held on 30 June. Members are also tasked with reporting on the work on intellectual property rights for Covid-19 vaccines to the General Council on 27-28 July.
See the European proposal: https://bit.ly/3qwHYHx (Original version in French by Léa Marchal)