WT/GC/W/860  
IP/C/W/694  
 
14 December 2022  
(22-9319) Page: 1/2 
General Council  
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
DECISION TEXT ON EXTENSION OF THE 17 JUNE 2022 MINISTERIAL DECISION TO 
COVID -19 THERAPEUTICS AND DIAGNOSTICS  
COMMUNICATION FROM THE DELEGATIONS OF ARGENTINA , 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* 
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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 t he 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 ongo ing COVID -19 
pandemic.  
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 
access ibility 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 paragra ph 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 M embers 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.   
 
* The original version of this document was circulated on 6 December as IP/C/W/694.  WT/GC/W/860 • IP/C/W/694  
 
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  ANNEX  
DECISION TEXT  
General Council Decision on Extension of the 17 June 2022 Ministerial Decision to COVID -19 
Therapeutics and Diagnostics (hereafter referred to as 'Therapeutics and Diagnostics Decision ') 
The General Council  
Having regard to the 17 June 2022 Ministerial Dec ision on the TRIPS Agreement, 
document  WT/MIN(22)/30  
Decides as follows:  
The MC12 Decision on the TRIPS agreement is extended  mutatis mutandis  for the production and 
supply of COVID -19 therapeutics and diagnostics.  
An eligible Member may apply the provisions of this  Therapeutics and D iagnostics  Decision until 
5 years from the date of this Decision.  Any extension of the MC12 Decision on the TRIPS Agreement 
pursuant to paragraph 6 shall apply to this Decision as well.  
 
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