Decision Text on Extension of the 17 June
2022 Ministerial Decision to COVID-19 Therapeutics and Diagnostics
Communication from the DELEGATIONS OF Bangladesh, the PLURINATIONAL STATE OF bolivia, Egypt,
India, indonesia, Pakistan, South Africa and
the BOLIVARIAN REPUBLIC OF venezuela ON BEHALF OF THE
co-sponsors of the IP/C/W/669/Rev.1 proposal
The
following communication, dated 1 December 2023, is being circulated at the
request of the delegations of Bangladesh, the Plurinational State of Bolivia,
Egypt, India, Indonesia, Pakistan, South Africa and the Bolivarian Republic of
Venezuela on behalf of the Co-Sponsors of the _IP/C/W/669/Rev.1 Proposal.
_______________
1. On 17 June 2022, WTO Members adopted a Ministerial Decision on the
TRIPS Agreement, document _WT/MIN(22)/30 [_WT/L/1141]. This Decision is far removed from
the comprehensive TRIPS waiver proposal contained in documents _IP/C/W/669 and _IP/C/W/669/Rev.1 ("original TRIPS waiver
proposal") co-sponsored by 65 WTO Members (co-sponsors).
2. A more comprehensive waiver decision
as envisaged in the original TRIPS waiver proposal would support the efforts to
ensure timely, equitable and universal access to safe, affordable and effective
therapeutics and diagnostics, ramping up of production and expanding supply
options. The MC12 Ministerial Decision on the TRIPS Agreement (document _WT/MIN(22)/30) is the result of over one and a
half years of arduous and lengthy discussions on the original TRIPS waiver
proposal and intense negotiations heading towards the 12th
Ministerial Conference in the midst of a global crisis. It is of limited scope
covering only vaccines.
3. Diagnostics and therapeutics are
essential tools for a comprehensive approach to fight the pandemic, that it is
not over. Omitting these vital tools will deter the effectiveness of the
decision that aims timely and affordable access to effective vaccines against
the ongoing COVID-19 pandemic. Cosponsors have provided extensive facts and
evidence, among others, in documents _IP/C/W/670, _IP/C/W/672, _IP/C/W/673 _IP/C/W/674, _IP/C/W/684 and _RD/IP/49 as well as submissions in the TRIPS
Council. Much of which has been supported by distinguished health experts.
4. At a minimum, the extension of the
policy tools provided in document _WT/MIN(22)/30_ to therapeutics and diagnostics will result in
a holistic approach to enable developing countries to address those IP barriers
that prevent the expansion and diversification of production and increase
accessibility to crucial life-saving COVID-19 tools. The current outcome
represents a narrow‑conditioned Decision due to demands of some WTO Members,
requiring significant compromises on the part of the co-sponsors that had hoped
for greater solidarity among WTO Members during a public health emergency
and consequently a more comprehensive waiver decision as envisaged in the
original TRIPS waiver proposal that would support ramping up of production and
expanding supply options.
5. In view of this context and paragraph 8 of the Ministerial Decision,
the co-sponsors call on the General Council to immediately extend the 17 June
TRIPS Decision adopted by the Ministers by consensus after long protracted
negotiations, mutatis mutandis to therapeutics
and diagnostics. WTO Members have an opportunity to show they can act promptly
to respond to the ongoing COVID‑19 pandemic and the challenge of inequitable
access to therapeutics and diagnostics and respond to the criticism that the
Decision on vaccines came too little too late.
6. We call on the General Council to immediately adopt the annexed
decision.