RESTRICTED  
  
IP/C/M/103/Add.1  
 
24 February  2022 
(22-1793) Page: 1/90 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 13 -14 OCTOBER; 5, 18 AND 29 NOVEMBER;  
AND 16 DECEMBER 2021  
Chair: H.E. Ambassador Dagfinn Sørli  (Norway)  
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held 
on 13-14 October; 5, 18 and 29 November; and 16 December 2021 . 
 
_______________  
 
 
Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ........  6 
2   REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ................  8 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ .............................  8 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ ...................  13 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGI CAL DIVERSITY  ................................ ................................ ................................  13 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ... 13 
7   ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSING SYSTEM  
(PARAGRAPH 7 OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND  
PARAGRAPH 8 OF THE DECISION ON THE I MPLEMENTATION OF PARAGRAPH 6  
OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH)  ...........  15 
8   NON-VIOLATION AND SITUATION CO MPLAINTS  ................................ .......................  17 
9   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER  
ARTICLE 71.1  ................................ ................................ ................................ .................  21 
10   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ ....................  21 
11   NINETEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON  
THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  ............................  21 
12   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ............  28 
13   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS  
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 ..... 36 
14   DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND  
PUBLIC HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC  ................................ ...........  36 IP/C/M/103/Add.1  
 
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  15   INFORMATION REQUEST UNDER ARTICLE 63.3 - REQUEST BY THE  
EUROPEAN UNION  ................................ ................................ ................................ .........  76 
16   INTELLECTUAL PROP ERTY AND INNOVATION: WOMEN AND INTELLECTUAL 
PROPERTY  ................................ ................................ ................................ ......................  77 
17   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  89 
18   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ ...........  90 
19   ANNUAL REPORT  ................................ ................................ ................................ ..... 90 
20   OTHER BUSINESS  ................................ ................................ ................................ .... 90 
 
  IP/C/M/103/Add.1  
 
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  INDEX OF THE STATEMENTS MADE  
AT THE MEE TING OF COUNCIL FOR TRIPS 13-14 OCTOBER; 5, 18 AND 29 NOVEMBER;  
AND 16 DECEMBER 2021 * 
 
 
 
Argentina  
Non-violation and situation complaints  ... 20 
Special Compulsory Licensing System  .... 17 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 66 
Australia  
Article 66.2  ................................ ........  25 
Biotech, Biodiversity, TK  ......................  15 
IP and Innovation - Women and Intellectual 
Property  ................................ ..........  83 
Non-violation and situation complaints  ... 20 
Speci al Compulsory Licensing System  .... 15 
Technical Cooperation  ..........................  29 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  54, 70  
Bangladesh  
Biotech, Biodiversity, TK  ......................  13 
Non-violation and situation complaints  ... 17 
Observer Status  ................................ .. 90 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 40 
Bangladesh on behalf of the LDC Group  
Article 66.2  ................................ ........  27 
Technical Cooperation  ..........................  30 
Bolivia, Plurinational State of  
Biotech, Biodiversity, TK  ......................  14 
Non-violation and situation complaints  ... 19 
Waiver – COVID -19 and Draft GC 
Declaration  ...........................  41, 63, 70  
Brazil  
Biotech, Biod iversity, TK  ......................  13 
Non-violation and situation complaints  .. 17, 
21 
Special Compulsory Licensing System  .... 16 
Waiver – COVID -19 and Draft GC 
Declaration  ...........................  54, 64, 69  
Canada  
Article 66.2  ................................ ........  24 
Biotech, Biodiversity, TK  ......................  14 
IP and Innovation - Women and Intellectual 
Property  ................................ ..........  84 
Non-violation and situation complaints  ... 18 
Technical Cooperation  ..........................  28 
Chad on behalf of the LDC Group  
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 62 
Chile  
IP and Innovation - Women and Intellectual 
Property  ................................ ..........  80 
Non-violation and situati on complaints  .. 17, 
21 
Special Compulsory Licensing System  .... 16 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 41 
 China  
Article 63.3  ................................ ....... 76 
Article 66.2  ................................ ....... 28 
Biotech, Biodiversity, TK  ......................  13 
IP and Innovation - Women and Intellectual 
Property  ................................ .........  89 
Non-violation and situation complaints  .. 18 
Observer Status  ................................ . 90 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  48, 71  
Colombia  
Non-violation and situation complaints  .. 20 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  53, 68  
Cooperation Council for the Arab States 
of the Gulf  
Technical Cooperation  .........................  34 
Cuba  
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ..... 42 
Egypt  
Non-violation and situation complaints  .. 17 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ..... 44 
European Union  
Article 63.3  ................................ ....... 76 
Article 66.2  ................................ ....... 22 
COVID -19 ................................ .........  10 
IP and Innovation - Women a nd Intellectual 
Property  ................................ .........  78 
Non-violation and situation complaints  .. 20 
Notifications  ................................ ........  6 
Special Compulsory Licensing System  ... 16 
Technical Cooperation  .........................  30 
Waiver – COVID -19 and Draft GC 
Declaration  ................  45, 56, 60, 67, 75  
Guatemala  
Non-violation and situation compla ints .. 19 
India  
Article 66.2  ................................ ....... 28 
Biotech, Biodiversity, TK  ......................  13 
Non-violation and situation complaints  .. 19 
Waiver – COVID -19 and Draft GC 
Declaration  ................  44, 55, 57, 60, 74  
Indonesia  
Biotech, Biodiversity, TK  ......................  14 
Non-violation and situation complaints  .. 18 
Observer Sta tus ................................ . 90 
Waiver – COVID -19 and Draft GC 
Declaration  .....................  44, 57, 62, 73  
Japan  
Article 66.2  ................................ ....... 28 
Biotech, Biodiversity, TK  ......................  15 
IP and Innovation - Women and Intellectual 
Property  ................................ .........  83 IP/C/M/103/Add.1  
 
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  Special Compulsory Licensing System  .... 16 
Technical Cooperation  ..........................  32 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 47 
Korea, Republic of  
Notifications  ................................ ........  7 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 46 
Maldives  
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 64 
Mozambique  
Waiver – COVID -19 and Draft GC 
Declaration  ................................  54, 67  
Namibia  
Special Compul sory Licensing System  .... 16 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 53 
New Zealand  
Non-violation and situation complaints  ... 20 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  53, 72  
Nigeria  
Biotech, Biodiversity, TK  ......................  14 
Non-violation and situation complaints  ... 18 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  43, 71  
Norway  
Article 66.2  ................................ ........  25 
Non-violation and situation complaints  ... 18 
Technical Cooperation  ..........................  28 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  52, 72  
Pakistan  
Non-violation and situation complaints  ... 18 
Waiver – COVID -19 and Draft GC 
Declaration  ...........................  39, 63, 69  
Panama  
IP and Innovation - Women and Intellectual 
Property  ................................ ..........  87 
Non-violation and situation complaints  ... 17 
Saudi Arabia, Kingdom of  
Notifications  ................................ ........  7 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 44 
Singapore  
IP and Innovation - Women and Intellectual 
Property  ................................ ..........  85 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ...... 46 
South Africa  
Biotech, Biodiversity, TK  ......................  14 
COVID -19 ................................ ..........  12 
IP and Innovation - Women and Intellectual 
Property  ................................ ..........  87 
Non-violation and situation compl aints ... 19 
Observer Status  ................................ .. 90 
Waiver – COVID -19 and Draft GC 
Declaration  ................  37, 57, 58, 67, 74  
Sri Lanka  
Non-violation and situation complaints  ... 21 
 Switzerland  
Article 66.2  ................................ ....... 27 
COVID -19 ................................ .........  12 
IP and Innovation - Women and Intellectual 
Property  ................................ .........  85 
Non-violation and situation complaints  .. 18 
Special Compulsory Licensing System  ... 16 
Technical Cooperation  .........................  30 
Waiver – COVID -19 and Draft GC 
Declaration  .....................  48, 57, 65, 72  
Chinese Taipei  
IP and Innovation - Women and Intellectual 
Property  ................................ .........  82 
Non-violation and situation complaints  .. 19 
Tanzania on behalf of the African  Group  
Waiver – COVID -19 and Draft GC 
Declaration  ................................  65, 70  
Turkey  
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ..... 47 
Ukraine  
Non-violation and situation complaints  .. 21 
United Kingdom  
Article 66.2  ................................ ....... 21 
Biotech, Biodiversity, TK  ......................  15 
IP and Innovation - Women and Intellectual 
Property  ................................ .........  81 
Non-violation and situation complaints  .. 20 
Notifications  ................................ ........  8 
Special Compulsory Licensing System  ... 16 
Technical Cooperation  .........................  30 
Waiver – COVID -19 and Draft GC 
Declaration  .....................  36, 58, 61, 75  
United States of America  
Article 63.3  ................................ ....... 77 
Article 66.2  ................................ ....... 26 
Biotech, Biodiversity, TK  ......................  15 
COVID -19 ................................ .........  11 
IP and Innovation - Women and Intellectual 
Property  ................................ .........  77 
Non-violation and situation complaints  .. 21 
Observer Status  ................................ . 90 
Special Compulsory Licensing System  ... 16 
Technical Cooperation  .........................  31 
Waiver – COVID -19 and Draft GC 
Declaration  ................................  53, 72  
Vanuatu  
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ..... 61 
Venezuela, Bolivarian Republic of  
Observer Status  ................................ . 90 
Waiver – COVID -19 and Draft GC 
Declaration  ................................ ..... 43 
Viet Nam  
Notifications  ................................ ........  7 
World Health Organization  
Technical Cooperation  .........................  35 
World Intellectual Property Organization  
IP and Innovation - Women and Intellectual 
Property  ................................ .........  89 
Technical Cooperation  .........................  34 
 IP/C/M/103/Add.1  
 
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  WTO Secretariat  
COVID -19 ................................ ...........  8 
Information on Developments in WTO  .... 89 
Notifications  ................................ ........  6 
Techn ical Cooperation  ..........................  32 Zimbabwe  
Biotech, Biodiversity, TK  ......................  14 
Non-violation and situation complaints  .. 17 
Special Compulsory Licensing System  ... 16 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_______________  
* A record of statements as delivered in the formal session of the Council. Some statements 
have been lightly edited as appropriate to ensure the consistency of presentation.  
  IP/C/M/103/Add.1  
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
WTO Secretariat  
The Council has received the following notifications from Members since its meeting in June 2021:  
Under Article 63.2  
The Republic of Korea has notified a consolidated version of its Customs Act, as well as the 
corresponding en forcement decree.  
The Kingdom of Saudi Arabia notified a regulation regarding the optional registration of copyright 
works with the Saudi Authority for Intellectual Property.  
Slovenia notified a decree on the implementation of the EU Regulation concerning  customs 
enforcement of intellectual property rights, and a consolidated Trade Secrets Act transposing 
EU Directive 2016/943 on the protection of undisclosed know -how and business information into 
domestic legislation.  
Japan has notified a consolidated ver sion of its Patent Act that clarifies the scope of protection 
for trade secrets contained in the  investigation report, and a consolidated Trademarks Act that 
revised the method of calculating compensations for damages.  
Viet Nam has notified regulations on certain charges and fees to assist businesses and ensure 
social security in response to the CO VID-19 pandemic.  
The United Kingdom has once again notified a number of separate laws and regulations in the 
areas of Patents, trademarks and Designs legislation  in its consistent effort to bring up to date its 
notifications .  
The European Union has notified two Regulations supplementing the rules concerning applications 
for registration of geographical indications of spirit drinks.  
Under Article 69  
Uruguay has  notified its contact point for IP enforcement under Article 69.  
This concludes the overview of notifications received since our meeting in June.  
European Union  
Document  IP/N/1/EU/36  
Regarding the Commission Delegated Regulation (EU) 2021/1235 of 12 May 2021 
supplementing Regulation (EU) 2019/787 of the European Parliament and of the Council with rules 
concerning applications for registration of geographical indications of spirit drinks, amendments to 
product specifications, cancellati on of the registration and the register (OJEU L 270, 29.07.2021, 
p. 1), The text includes the secondary legislation of Regulation (EU) 2019/787 on spirit drinks for 
the part which concerns the protection of geographical indications for spirit drinks. In pa rticular the 
text concerns specific rules for applications for registration ( concerning additional requirements for 
the single document, Member State 's application dossier, admissibility of the application, national 
transitional period); amendments to prod uct specifications ( concerning applications for Union 
amendments to product specifications, admissibility of applications for approval of Union 
amendments, standard amendments to product specifications, Relationship between Union and 
standard amendments, t emporary amendments to product specifications); rules on cancelling a 
geographical indication ( concerning cancellation procedure, admissibility of cancellation requests); 
the register and the final provisions.  This Regulation entered into force on 12 Augus t 2021.  
Document  IP/N/EU/37  
Concern ing the Commission Implementing Regulation (EU) 2021/1236 of 12 May , this text 
includes the implementing rules of Regulation (EU) 2019/787 on spirit drinks for the part which 
concerns geographical indications of spirit drinks. In particular the text concern s applications for IP/C/M/103/Add.1  
 
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  registration (joint applications, single document, geographical area, additional national scrutiny 
procedure); opposition procedure (procedural rules); amendments to product specifications 
(concerning applications for Union amendments, communicating a standard amendment, 
communicating a temporary amendment, cancellation (cancellation requests), use of the 
Union  symbol, controls ( concerning verification of compliance with the product specification); 
communications (communicati ons between the Commission, the Member States, third countries and 
other operators, submission and receipt of communications, information to be made public), 
personal data and final provisions; templates (in Annexes).  This Regulation entered into force 
on 12 August 2021.  
Korea, Republic of  
The Republic of Korea would  like to thank the Chair for convening the current meeting. Since 
the TRIPS Council 's meeting in June, we have notified the WTO Secretariat through e -TRIPS system 
of our amendments of Customs Act and its Enforcement Decree.  
These Amendments were made to enhance taxpayers ' convenience by  introducing the arrival 
duty free shop system, extending the duty exemption periods for a certain category of goods, easi ng 
the burden of submission of tax payment certificates  and others . Korea would continue to faithfully 
implement the notification obligation under the TRIPS  Agreement.  
Saudi Arabia, Kingdom of  
According to the TRIPS Agreement obligations, we would like to inform the Council that 
the Kingdom of Saudi Arabia submitted , through the e-TRIPS  Submission System , a notification 
regarding Article 6 3.2 of the TRIPS A greement which is related to the regula tions of optional 
registration for copyright works.  
The approval of the regulations of optional registration for copyright works is based on the 
objectives, competencies, and tasks entrusted to the Saudi Authority for Intellectual Property in 
accordance wi th Article (3) of the Authority 's regulation issued by Cabinet Resolution No. 496, 
The board of Saudi Authority for Intellectual Property issued the resolution No. (3 -7-2019), dated 
on 2 December  2019 to approve the regulation of optional registration for copyright works.  
 We are pleased to announce that the regulations of optional registration for copyright works in 
Saudi  Arabia contained in this notification have been issued, and that the Kingdom of Saudi Arabia 
treated the matters in those provisions in order to fulfil its obligations under the TRIPS Agreement. 
The submitted notification is under document IP/N/1/SAU/5 .  
Viet Nam  
Viet Nam would like to thank you, Chair for convening this  meeting and express our appreciation 
to you and the WTO Secretariat for your enormous effort in continuing to advance the work in the 
Council despite the challenges arising from the ongoing pandemic.  
Regarding Notifications under Provisions of the Agreem ent under agenda item 1, I would like to 
deliver a brief introduction to the Council and WTO Members States of the legislation that have been 
submitted by Viet Nam to  the WTO Secretariat . 
In order to promote innovation and to support businesses in respondi ng to the COVID -19 
pandemic, Viet Nam has issued two Circulars of Ministry of Finance (namely Circular 
No. 112/2020/TT -BTC dated 29 December 2020 as noted in Document IP/N/1/VNM/17 , and Circular 
No. 47/2021/TT -BTC dated 24 June 2021 as noted in Document IP/N/1/VNM/18)  for stipulating  
certain industrial property fees security. Accordingly, the industrial property fees listed in Section A 
of the schedule promulgated with Circular No. 263/2016/TT -BTC dated 14 November 2016 were 
temporarily reduced by 50% from 1 January 2021 to 30 June 20 21 according to the provisions of 
Circular No. 112/2020/TT -BTC, and further reduced until 31 December 2021 according to the 
provisions of Circular No. 47/2021/TT -BTC. The fees mentioned above are applied to 
subject  -matters of industrial property , includin g trademarks, geographical indications, industrial 
designs, patents (including utility solutions and plant variety protection), layout -designs 
(topographies) of integrated circuits, and enforcement.  IP/C/M/103/Add.1  
 
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Taking advantage of this opportunity, we would like to ex press our sincere thanks to Members 
for their fruitful contribution and cooperation.  Viet Nam remains committed to actively engage with 
WTO and Members to achieve the Organization 's goals, including resolution of pressing issues, 
especially in response to the COVID -19 pandemic.  
United Kingdom  
Thank you Chair, for convening this meeting and thanks to the Secretariat for their hard work 
in preparing it.  As you know, the United Kingdom considers the WTO notification system an essential 
component in promoting transparency between WTO Members.  Since our last update we have 
notified a number of new items, largely relating to the UK 's exit from the European Union.  
In the interest of time and following our overall interventions in the past Council sessions, we 
believe the explanatory notes of the notifications are sufficiently detailed, so we would  not go into 
specifics. This delegation is, however and as always, rea dy to answer any questions the 
WTO Members  may have.  We would once again like to thank the Secretariat for the ease and 
efficiency of the e -TRIPS system. We continue to encourage other Members to use it.  
2  REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  
No state ments were made under this agenda item.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
WTO Secretariat  
Thank you for the opportunity to provide an update on the data that was presented the formal 
session of the Council in June.1 I would  start with a number of caveats about this data, and I guess 
about data in general in this area.  
Firstly2, I think we are all aware that there is no single authoritative repository of data, no single 
source for data, even on the specific question o f licensing and production that we have been asked 
to look at. The target is a moving target but the methodology and ways of gathering data are also 
developing over time, and we do expect a progressively clearer picture to evolve. Particularly when 
it come s to data on licensing and production there are important caveats, this is based on publicly 
available information, announcements for example by the firms concerned and other reports, it 
cannot be fully comprehensive or up -to-date by its very nature. Somet imes when we look at dates 
the timing is determined by the date of an announcement rather than by the date of an actual 
development or change in the world. And as you would  see from some of the coming slides, that 
can affect the picture given.  
We are offe ring this as a general background, as requested, but we are certainly not vouching 
for any particular data, this is not WTO data, not our own material but rather an attempt to provide 
an overview. I would say too that while this a general review of the sit uation if any particular 
delegation or group of delegations wanted any more granular data or more focused information 
could make that available, because there are indeed powerful tools available despite the limitations 
I have mentioned. As background, we h ave to bear in mind looking at patenting activity this is of 
course not the only area of licencing or the only IP right that is licenced in relation to vaccine 
production but the data is more readily available I would say, and an important point to bear in  mind 
is that there are two broad categories of rights that are licenced.  
The platform data3 and this concerns the well-known  MRNA platform for vaccines and the point 
here is of course there has been a large increase in recent years but the platform tech nology has 
been around for some time. This is important to bear in mind in the context of licencing because as 
we know from broader discussions licensing of platform technology even before the identification of 
COVID can be as significant as more specific COVID technology.  
 
1 The PowerPoint presentation is available in Room Document RD/IP/45.  
2 Slide 1.  
3 Slide 2.  IP/C/M/103/Add.1  
 
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When we look at specific COVID -related inventions4 which by definition the patent application 
must have been filed since roughly January last year, these are overwhelmingly pending because of 
the natural time lag in patent processing, so bear in mind the data which itself is being licenced is 
quite dynami c and it is difficult to get an immediate snapshot as to the rights that are being 
specifically licenced or need to be specifically licenced.  
An important initiative being taken by Medicines Patent Pool5 which is developing a 
vaccine -focused landscape al ongside its well -established VaxPal on certain essential medicines and 
while this data is quite preliminary, an early review shows that there are a number of patent families 
directly relevant to the specific four areas of vaccine technology and as you may imagine while MRNA 
being understood as being the most disruptive there are a large number of patent families with 
bearing on that technology and here it is6 broken down by the leading approved vaccines showing 
that there is a very diverse picture even in terms of the different vaccine technologies and I would 
like to acknowledge colleagues in the IP Division who have put this work together7, likewise as before 
there is a certain time -lag and it is not as if all activity and therefore all relevant material  for licensing 
emerged since the coronavirus was identified and this is important to bear in mind in terms of the 
overall licensing picture.  
Our colleagues in UNICEF8 have a very useful tool, a vaccine market dashboard and this is well 
delegates ' attenti on as it does have a large amount of material on licensing and production.  
Here is a general picture from that source9 which illustrates the extent of production of vaccines 
across the globe and essentially the blue represents production directly control led by the originator, 
sometimes called in -house production but where the originating company is running the production 
and the green is where there is a degree of technology transfer, and that is very interesting from 
the licensing point of view. North Am erica and Europe predominantly in -house, Asia a varying trend 
and South Asia, South -East Asia typically there is a technology transfer, North Asia, North -East Asia 
a different picture and relatively low levels, but mainly through technology transfer in Lat in America, 
Africa and Australia, a mixed picture of course.  
We see this also when we look at the different vaccines10 and we see this also when we look at 
different vaccines, this is only the most widely reported, there is also other candidates that are 
reported in this database, but as you see for the best -known or leading vaccines again a differing 
picture, the green representing technology transfer arrangements announced or at least reported 
and the blue representing more in -house arrangements so you would see amounts varying 
enormously according to the vaccine technology. I should mention for every slide but this based on 
publicly announced information, and should not be regarded as definitive, rather illustrates a broad, 
diverse picture. The character  of licensing agreements11 and other arrangements can vary 
enormously we focus on the full production of vaccine as such, but there is a wide variety of 
commercial technology sharing and other production sharing arrangements and without going into 
details these range from sourcing critical materials to other materials such as adjuvants which 
improve the  impact of vaccines and of course ranging from full production to fill -and-finish, simply 
filling vials with already produced vaccine. The important point he re is the diversity of arrangements 
and this applies to both to in -house production and more diverse production involving technology 
transfer of the key technologies.  
This slide12 says the same thing in a different ways, illustrating the breadth of divers ity of 
arrangements across the different regions.  
Concerning the projected production13, of course this is a much -debated question, what is the 
overall likely production and to what extent are licensing agreements keeping track with production. 
This repre sents the growth of reported production and supply chain agreements and you see it is 
 
4 Slide 3.  
5 Slide 4 and 5.  
6 Slide 6.  
7 Slide 7.  
8 Slide 8.  
9 Slide 9.  
10 Slide 10.  
11 Slide 11.  
12 Slide 12.  
13 Slide 13.  IP/C/M/103/Add.1  
 
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  essentially a linear line and one that roughly keeps pace with the growth in production but the 
reported rate of production is increasing significantly more than the grow th of specific agreements 
that are counted and looking at the link between production and the nature of technology transfer. 
This is Airfinity data14, not our data, one private sector supplier who relies on publicly  reported 
information, according to their  analyses, again in -house production is still predominant15 – the 
estimate here by end of 2021 is 9.4 billion doses in -house as against 3.2 billion doses contracted or 
technology transferred at arms -length to another producer, so this is the broad trend an d you would  
see that, as expected, it varies enormously depending on the specific technology. Again, as this 
chart has illustrated16, the situation is quite different across the regions and as the UNICEF 
dashboard data illustrates this better, about the di versity of arrangements across the regions. 
One point that has come up consistently17 is the time lag between the announcement of production 
arrangements whether it is in -house or involving technology transfer and we have extracted this 
data but it should be viewed with some caution because it is based on the announcement. So this 
looks like it takes longer for in -house production to go from the establishment of the arrangement 
to actual production, it looks like it is actually quicker to transfer technolog y to another producer, 
but as with the detailed notes here, always read the fine print and this is probably more likely 
because the in -house production would  be announced much earlier and a technology transfer 
agreement would  be announced much closer to th e production. I put this here for interest, but in 
effect it also illustrates the difficulty of getting a really firm grasp of the actual trends. Production 
agreements18 are still predominantly in Asia and Europe and we know from the broader discussions 
going on and further initiatives that the production agreements diversifying production particularly 
to Africa and Latin America have so far been lagging behind and certainly these data 
demonstrate  that.  
Finally19, on actual production and projected production of vaccines, again these are Airfinity 
projections, the smooth line represents forecasts, the less smooth lines represent the actual 
observed reported levels of production so at least according to these analys ts the forecasts are 
relatively in tune with the observed production and again you see so -called in -house production as 
I have mentioned is still predominant and is forecast to increase beyond a linear increase and the 
same applies  to contracted production , although starting from a significantly lower base - again 
contracted production, the technology transferred licences, the arms -length production that we have 
been talking about. Finally, was also shown in June20, it has been updated and really establishe s the 
same pattern. Overall, the blue here represents in -house production, still the predominant source of 
production of vaccines, the violet element of the bar represents production through technology 
transfer agreements. Finally21, just as a final remark , one factor with bearing on technology transfer 
agreements in particular for production it is interesting to note that for example for an innovative 
platform such as MRNA, WHO approval with a regulatory dimension has a significant effect on 
enabling techn ology transfer and production agreements. Again this represents the situation 
especially for the MRNA vaccines which you might say presented novel regulatory challenges which 
made a significant difference in the ability and willing ness of technology origin ators to licence their 
technology. I hope this has been of interest to delegates. If there is specific interest on any of these 
data and desire for more granular information on a more practical level we are certainly on hand 
and can help in this area, agai n with the continuing reminder that there are limitation on these data. 
They are certainly not absolute or complete, but I hope can give an overview of the really important 
trends.  
European Union  
I have to mention and to inf orm about certain IP measures taken at EU Member s level, I would  
start with Latvia.  
 
14 Slide 14.  
15 Slide 15.  
16 Slide 16.  
17 Slide 17.  
18 Slide 18.  
19 Slide 19.  
20 Slide 20.  
21 Slide 21.  IP/C/M/103/Add.1  
 
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  Latvia  
The amendments to Regulations No. 723 of the Cabinet of Ministers On the Price List of Paid 
Services of the Patent Office enabled owners of industrial property rights at no additional cost to 
extend deadlines, renew rights or continue proceedings in the ca se of non -observance of time limits. 
The amendments were initiated due to information received from the owners of industrial property 
rights who do not reside in Latvia and could not meet the set deadlines.  
The amendments were useful during the time of ma ny COVID -related travel restrictions since  
the majority of the owners of industrial property rights are persons or companies abroad without a 
declared or legal address in Latvia.  The Latvian Patent Office could withdraw a fee for these services 
if an owner of industrial property rights could not observe time limits due to the COVID -19 
restrictions. Advantages for COVID -19 affected persons were into force till 6 August 2021.22 
Hungar y  
The Hungarian public health compulsory licensing framework was modif ied with 
Decree  Nr 212/2020 of 16 May 2020 on public health compulsory licences for exploitation within 
Hungary, under special legal order. Since the special legal order was terminated on 18 June 2020, 
the Government Decree ceased to have effect on that da y.  
The new regulations were incorporated into the Hungarian Patent Act. Both the Government 
Decree and the new regulations in the HPA were properly notified to the TRIPS Council.  
Italy 
Law no. 108 of 29 July 2021 amended the Industrial Property Law as to the compulsory licensing 
mechanism, by introducing Article  70 which provides for granting compulsory licences in the event 
of a national emergency for health reasons, in compliance with international and European 
obligations, by decree of the Minister of H ealth, in agreement with the Minister of Economic 
Development. Effective  on 31 July 2021.  
The Italian Patent and Trademark Office has extended the deadlines for administrative 
proceedings for trademarks, patents, designs and models. On 15 May 2020 as regar ds the 
suspension of the terms of pending administrative proceedings  (Decree -Law no. 23 of 8 April 2020) 
and on 31 October 2020 as regards the payment of expiring industrial property titles.  
Greece  
All time limits set by Law or by the Hellenic Industrial P roperty Organisation (OBI) related to 
the filing of patent applications, industrial design applications, supplementary protection certificate 
applications and topographies of semiconductor products as well as to grant proceedings, excluding 
time limits rel ated to the payment of fees, have been suspended as of 11 March 2020 
until 12 June 2020. The suspension of time limits was granted pursuant to a) Article  38 par agraph  5 
of Legislative Act of 20 March 2020 . 
Physical presence of the public at the Hellenic In dustrial Property Organization  (OBI) was 
suspended during 23 March until 10 June 2020. Communication via phone or electronic means was 
encouraged.  
United States of America  
The previous interventions of the United States on the agenda item concerning IP measures in 
the context of COVID -19 stand.  As stated previously, intellectual property plays an incentivizing role 
in the development of new technologies to combat this deadly  pandemic and supporting economic 
recovery.  
In past meetings, the US highlighted the United States Patent and Trademark Office (USPTO)  
COVID -19 pilot program me which prioritizes examination of certain patent applications claiming a 
product or process subje ct to an applicable Food & Drug Administration ( FDA) approval for COVID -19 
 
22 https://www.lrpv.gov.lv/en/article/due -restrictions -affected -covid-19-latvian -patent -office -has-
withdrawn -fee-failure -observe -time-limits  IP/C/M/103/Add.1  
 
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  use, and a companion Fast -Track Pilot Program for Appeals Related to COVID -19. 
As of 28 September 2021, 505 applications have been granted prioritized examination status in the 
USPTO's COVID -19 Prioritized Examination Pilot Program, and as of 2 August 2021, 120 patents 
have issued from applications granted priority status under this pilot program me.  
The pilot program me was originally set to expire after the USPTO accepted 500 applic ations into 
the program me. As of 16 August 2021, the USPTO had accepted 476 applications into the 
program me, and there were 52 requests to participate that had not yet been acted upon. To ensure 
that applicants are not refused access to the pilot program me due to delays in the USPTO 's 
consideration, the USPTO has modified the program me to consider any requests filed on or before 
31 December 2021, even if an applicant 's request has not been acted upon until after the USPTO 
has accepted 500 requests. The USPTO would  evaluate whether to terminate or extend the 
program me during this extension period.  Further information on the USPTO 's initiatives on life 
science technologies can be found on the  COVID -19 Response Resource Center  page of USPTO.gov.23 
In addition , earlier this year the USPTO launched a category of its Patents for Humanity Program 
for invention s that address the COVID -19 pandemic. This  new category  would  provide business 
incentives for patent applicants, holders, and licences  whose inventions track, prevent, diagnose, or 
treat COVID -19.24 
Patents for Humanity Award winners receive a certificate to accelerate USPTO processing for 
one eligible matter (such as an ex parte  re-examination  proceeding or a patent application), as well 
as public recognition of innovat ion that benefits humanity. Award winners may also transfer their 
acceleration certificates to third parties, including for compensation, and can leverage the 
acceleration certificate to obtain funds to help commercialize their inventions, transforming 
innovative ideas into deliverable goods and services.  
The application period for the new category ended on 30 September 2021 and the USPTO is 
currently judging phase of this program me. For more information about the program me, we 
encourage to  visit the  Patents for Humanity page  on the USPTO website.25 
Switzerland  
My delegation would like to thank the Secretariat for the presentation and for its very 
informative up -date on data concerning developments of COVID -19 vaccines production and 
manufacturing partnerships, among others. This is highly relevant information for our discussion in 
the Council under agenda items 13 and 14. The exponential growth bot h in production of COVID -19 
vaccines doses and of the number of manufacturing partnerships around the globe since the 
beginning of the outbreak of the pandemic are encouraging.  
South Africa  
South Africa would once again like to reiterate its support for this  agenda  item to remain on the 
agenda of the TRIPS Council and thanks the Secretariat for its ongoing work to update the 
compilation. The compilation of measures is a useful tool that not only informs Members regarding 
measures by other Members but can also be the basis for useful mutual dialogue.  
In the last small group session to discuss the TRIPS Waiver Proposal , a number of Members 
shared their experiences on utilization of existing TRIPS Flexibilities. These include d measures taken 
in the context of the COVID -19 pandemic.  
The overall theme that emerged from the experiences shared was the inadequacy of current 
existing flexibilities to deal with the pandemic. The TRIPS Waiver Proposal  offers a workable solution.  
 
23 https://www.u spto.gov/coronavirus/uspto -covid-19-response -resource -center  
24 https://www.uspto.gov/ip -policy/patent -policy/patents -humanity -covid-19 
25 https://www.uspto.gov/ip -policy/patent -policy/patents -humanity  IP/C/M/103/Add.1  
 
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  4  REVIE W OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
Brazil  
My delegation wants to reiterate Brazil 's longstanding position regarding the relationship 
between the TRIPS Agreement and the Convention on Biological Diversity (CBD). Our concerns and 
views on this topic have been thoroughly and repeatedly expressed in past TRIPS Council 's meetings.  
I therefore refer to my delegation 's past statements on this issue and renew the call for a more 
in-depth analysis of how the TRIPS Agreement could better support the functioning of the CBD.  
China  
China remain s our position on the factual issue and procedure issue . Taking your advice, we 
would  advise Members to refer to former minutes and there is some new information  that we w ould 
like to offer to the Council.   
Currently, t he first stage of the 15th Conference  of Parties to the CBD is taking place in Kunming, 
China, with the theme of "Ecological Civilization: Building a Shared Future for All Life on Earth ". 
The meeting would  discuss how to better achieve the three goals of the CBD: biodiversity 
conserv ation, sustainable utilization and benefit sharing. The meeting would  release the Post -2020 
Global Biodiversity Framework which would  set up the objectives and plans for global biodiversity 
conservation  for next ten years . We hope the discussions and outco mes of the Conference would  
provide motivation and reference to  the discussion of the TRIPS- CBD issue at the WTO. 
Bangladesh  
On agenda items 4, 5 and 6, the position of Bangladesh has not changed. In this regar d, to 
avoid repetition, I refer to my delegation 's previous statements made at the TRIPS Council 's 
meetings. Bangladesh stands ready to engage constructively with Members.  
India  
Studies estimate the world herbal trade to stand around US D 120 billion and is expected to 
reach USD  7 trillion by 2050, rapidly rising exports of medicinal plants during the past decade show 
a worldwide interest in these products as well as in traditional health systems. According to 
World  Health Organization ( WHO) medicinal plants still form the basis of traditional or indigenous 
health systems used by majority of people in most developing countries. These facts attest to the 
importance of the linkage between TRIPS Agreement and Co nvention on Biodiversity (CBD).  
The problem faced countries like India, which are rich in traditional knowledge, lies in the 
misappropriation of this knowledge. Thus, India reiterates the long -standing demand of an 
international enforceable regime to conta in misappropriation. Patents should not be granted for 
existing traditional knowledge and associated genetic resources. Further where traditional 
knowledge and associated genetic resources form the basis of scientific development, it is important 
to have d isclosure of source or origin of the resource/knowledge along with disclosure that the access 
was on mutually agreed terms. This would  also strengthen and add to the Members ' commitment to 
transparency, since transparency obligations cannot merely be limit ed to notification obligations.   
We need to ensure that substantive discussions on TRIPS CBD linkage is revived. Considering 
the clear mandate from the Doha Ministerial Declaration and support from many Members for this 
process, it is our responsibility to  take this forward. We also reiterate our demand for a formal 
briefing by the CBD Secretariat in the interest of most Members. We also support updating the three 
factual briefs by the Secretariat.  
Taking cognizance of the 2030 Agenda for Sustainable Develo pment Goals which calls for 
promoting access to and fair and equitable sharing of benefits arising from the utilization of genetic IP/C/M/103/Add.1  
 
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  resources and associated traditional knowledge, in targets 2.5 and 15.6 we need to work towards 
these goals in unison. India hopes to continue our efforts in building momentum on the issue of 
TRIPS CBD linkage considering the new developments such as the finalization of the sustainable 
development goals and ratification of the Nagoya Protocol.  
Indonesia  
We would like to reaffirm our position on the importance of the negotiation on the relationship 
between the TRIPS Agreement and the Convention on Biological Diversity, as well as the need to 
protect the traditional knowledge and folklore . Our position remains the same that Article 27.3(b) 
and Article 29 of the TRIPS Agreement do not provide any legal obligation for Member to take the 
necessary measures for fair and equitable sharing of benefits as required by the CBD and the 
Nagoya  Protoc ol. This then provides a room for misappropriation and misuse of genetic resources 
and traditional knowledge. Indonesia reaffirms its view that it is paramount for the Council to give 
adequate attention to address this issue.  
Zimbabwe  
Zimbabwe wishes to thank you for the work you and the Secretariat are doing. We have 
delivered many statements on this agenda item and reiterate our position in favour of equitable 
access benefit sharing of traditional knowledge, traditional cultural expressions, and genetic 
resources.  
Bolivia, Plurinational State of  
My delegation takes the floor to reiterate some points that and if we have made in previous 
meeting s. Bolivia reiterates its possession, given that life forms and  their components must be 
exempt from patentability . We reiterate our position that IP must be balanced and compa tible with  
the Convention on Biological  Diversity . We must  also ensure the comprehensive protection of genetic 
resources and traditional knowledge in order to grant developing countries adequate mechanisms  to 
provide comprehensive protection, including disclosure of origin.  
Nigeria  
I wish to recall our previous statements on these subject matters of which our positions remain 
unchanged.  We reiterate the importance for Members  to engage in substantive discussions in order 
to encourage traceability and requirement of a prior info rmed consent as well as benefit sharing in 
respect of any product manufactured from the utilization of genetic components or traditional 
knowledge and folklore. The requirement of disclosure contained currently in the TRIPS Agreement  
remain inadequate. We therefore urge Members  to consider collaborating with each other both 
regionally and internationally, in order to achieve this mutually beneficial goal.  
South Africa  
We would  take your advice, Chair, and in order to avoid repetition, I would refer to my 
delegation 's previous statements on this matter . Regard ing the current meeting, the only thing that 
I would like to add is just t o illustrate the importance of dealing with the se matters in this forum . 
We turn to the example of South African legislation. In our law, a disclosure requirement exists 
pursuant to 2005 Amendments to Patents Act. Read together with our Biodiversity Act, a framework 
for Access and Benefit Sharing is in  place.  Despite these requirements, biopiracy continues to grow. 
In the absence of a multilateral solution, as applicable under the TRIPS  Agreement, national 
disclosure requirements would  remain inadequate.  Discussions in this forum and those under the 
auspices of the WIPO IGC are complimentary and not mutually exclusive.   
Canada  
Canada 's position on this issue is well -known, and we would refer to our previous interventions 
on these three issues . With respect to procedural matters, as previously noted and without prejudice 
to our position on substantive matters, Canada could support a procedural briefing from the  
CBD Secretariat to the TRIPS Council. Canada could also support the compilation of the three factual IP/C/M/103/Add.1  
 
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  notes on TRIPS and the CBD, and remains of the view that this would remain an information collating 
exercise.  
United States of America  
The United States ' position on this issue remains  unchanged. Regarding genetic resources, 
traditional knowledge and folklore, we continue to believe that WIPO serves as the best forum to 
address these issues. WIPO IG C is looking at addressing unresolved issues and working on a common 
understanding of core issues, using an evidence -based approach and examples of national 
experiences. The United  States would  continue to engage in technical discussions in that forum and 
looks forward to hearing more from the demandeurs  regarding data supporting their position on this 
issue. With respect to the various requests made, the United States is not in a position to support 
these requests, but remains open to discussions, includin g bilaterally with delegations.  
Japan  
Japan 's position remains unchanged.  Regarding the proposal to introduce the disclosure 
requirement in the IP system, there is concern that the introduction of such a requirement would 
discourage industries from conducting research and development activities on biological materials.  
In addition, this delegation believes the WIPO IGC is the most appropriate forum for holding technical 
discussions on genetic resources, traditional kn owledge and folklore from IP aspects. This delegation 
remains willing  to contribute to evidence -based discussions on these issues in a constructive and 
effective manner.  
Australia  
Australia believes that WIPO IGC is best placed, with appropriate technical expertise, to consider 
the complex issues relating to IP and genetic resources and associated traditional knowledge and 
cultural expressions. We hope Members would  adopt a spirit o f compromise to make meaningful 
progress in ongoing discussions in WIPO IGC.  
United Kingdom  
In relation to this  agenda  item, and without prejudice to our position on substantive matters, 
as a next step we c ould support a procedural briefing to the TRIPS Council from the Convention on 
Biological Diversity (CBD) Secretariat, if there is sufficient interest from other Members on the 
matter. On the Secretariat updating the three factual notes, we are interested to hear views from 
other Members and are open to discussions on whether an update is necessary. We stand ready to 
consider any suggestions on next steps that can move the debate forward and towards consensus.  
7  ANNUAL REVIEW OF THE SPECIAL COMPULSORY LICENSI NG SYSTEM (PARAGRAPH 7 
OF THE ANNEX TO THE AMENDED TRIPS AGREEMENT AND PARAGRAPH 8 OF THE 
DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON 
THE TRIPS AGREEMENT AND PUBLIC HEALTH)  
Australia  
Australia thanks the Secretariat for circulating the draft annual review of the Special Compulsory 
Licensing System. Australia recognizes the sovereign right of all WTO Members to exercise their 
rights under the System, including in response to COVID -19. We encourage all remaining 
WTO Members to accept the Protocol Amending the TRIPS Agreement and stand ready to provide 
assistance to Members that require advice or assistance with this process. Given that not all Members 
have accepted the Protocol, Australia supports the extension of the period for acceptance of the 
Protocol until 2023.  
Australia thanks the Secretariat for its ongoing work to provide technical assistance to Members 
to support the effective use of the System and welcomes relevant capacity building activities 
dedicated to the System held over the past year. We also welcome further capacity building activities 
in line with the second edition of the WTO, WHO and WIPO Study on Promoting Access to Medical 
Technologies and Innovation. And we note that Annex 3 of the Study provides a helpful overview of 
the Special Compulsory Lice nsing System. Consistent with past interventions, Australia reiterates its IP/C/M/103/Add.1  
 
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  support for any efforts to streamline and improve the System, to ensure it is user -friendly and can 
be quickly and effectively operationalized in times of crisis, including as neede d in response to 
COVID -19. 
Chile  
The Chilean position on the topic is well -known to all. My delegation can support the proposed 
decision to extend the period for acceptance of the Protocol in order to allow  for additional 
acceptances.  
Brazil  
My delegation would also like to show support for the proposed extension of the period for 
acceptance of the Amendment of the TRIPS Agreement.  
European Union  
We would like to thank the Secretariat for distributing the draft report on the Special Compulsory 
Licensing System, as well as for the continued technical assistance that it offers and provides to 
Members on  the use of the System. We also encourage all Members who have not yet done so to 
join the System. Its importance has been clearly proven in our discussions on the response to the 
COVID -19 pandemic and I am sure we will have further discussions going forwa rd on this topic. 
Noting that not all Members have joined the System yet, we also support the extension of the period 
for accepting the Protocol.  
Zimbabwe  
My delegation joins others in supporting the ex tension of the deadline for acceptance of the 
Protocol Amending the TRIPS Agreement.   
Namibia  
We take this opportunity to thank the Secretariat, and also join other Members who supported 
the extension of the period for acceptance of the Protocol Amending the TRIPS Agreement.  
United States of America  
The United States welcomes the entry into force of the Protocol Amending the TRIPS Agreement. 
We also welcome the Secretariat's draft report and its work throughout the year to encourage all 
Members to notify their acceptance of the Protocol. We support the extension of the acceptance 
period.  
Switzerland  
My delegation joins previous statements and supports the extension of the deadline until 2023.  
United Kingdom  
The United Kingdom would like to note that while it is st ill the case that some Members have 
not yet implemented the Special Compulsory Licensing System to be reviewed as set out in 
paragraph 7 of the Annex of the amended TRIPS Agreement. This is a vital capability available in 
the TRIPS Agreement. We therefore strongly encourage all Members to implement this amendment. 
As others, we also support the extension of the deadline as suggested.  
Japan  
This delegation would like to express our gratitude to the Secretaria t for preparing the draft 
report in order to allow us to review the Special Compulsory Licensing System. We welcome this 
work hoping that it will encourage remaining Members to notify the acceptance of the Protocol. 
We also support a two -year extension of the period for acceptance.  IP/C/M/103/Add.1  
 
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Argentina  
We are grateful for the Secretariat 's report and wish to support the extended deadline for 
accepting the Protocol.  
8  NON-VIOLATION AND SITUATION COMPLAINTS  
Brazil  
Brazil wants to reiterate its support for a renewal during MC12 of the moratorium on the 
application of non-violation and situation complaints ( NVSC ) to TRIPS.  As we all know, this Council 
has no t been able to dedicate time and energy to a discussion on scope and modalities of NVSC . 
Priorities have understandably shifted to issues related to the COVID -19 pandemic.  As we are a few 
weeks away from the Ministerial Conference, it is reasonable that we  agree to postpone this 
discussion once more, renewing the current moratorium.  We therefore support the draft decision 
circulated by you Chair. During the next cycle of discussions, we remain open to assessing proposals 
on this agenda item and mapping area s of convergence among Members.  We would also be open to 
proposals presented by the Chair in that regard.  
Bangladesh  
My delegation is in favour  of establishing a permanent moratorium  on this issue . To avoid 
repetition  on this agenda item, I refer to my delegation 's previous statements made at the 
TRIPS  Council meetings. Bangladesh is ready to constructively engage with Members on this issue 
further and would  be happy to go with a  decision  on collective consensus . 
Chile  
Our delegation 's position is well -known among Members. In the run -up to MC12, we consider 
that it is important to recognize that consensus has not been reached on this matter in the past and 
it is unlikely to be one of the central matters at the Ministerial Conference.  Therefore, in order to 
focus our work, we are of the view that it is vital to continue extending the  moratorium without 
affecting Members ' position on the matter. Our delegation wishes to reiterate the undeniable 
existence of linkages between this moratorium and others within the Organization, for which reason 
we suggest approaching this matter in a resp onsible and cautious manner.  We stand ready to work 
to renew the moratorium in the course of the Ministerial Conference.  
Zimbabwe  
The delegation of Zimbabwe reiterate its previous statements and posi tion under this  agenda  
item. We support the extension of the moratorium during the next MC12.  
Egypt  
Egypt continues to believe that non -violation and situation complaints are not applicable to the 
TRIPS  Agreement. The application of these complaints to IP disputes would generate systemic 
imbalances and reduce the legal certainty of multilateral IP law. Taking into consideration the limited 
time we have before MC12 We urge Members to engage in constructive  discussions towards reaching 
consensus on the proposed draft decision by the Chair of the TRIPS  Council  in document  JOB/IP/52 
on the extension of the moratorium till the next Ministerial Conference . 
Panama  
We want to express and to reiterate our firm support for an extension of the moratorium until 
the next ministerial so that this Council may have the opportunity to hold discussions in whatever 
form is deemed appropriate on the scope and the modalities and to formulate the respective 
recommendations. So we once again support the draft decision that you have circulated and we 
hope that it is adopted by Members to present it to our ministers on the MC12.  IP/C/M/103/Add.1  
 
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Indonesia  
Indonesia reaffirms its position in supporting the permanent moratorium of non -violation and 
situation complaints. Concerns remain on the negative impacts that non -violation complaints in 
TRIPS can have on the regulatory policy sp ace of Members and on TRIPS flexibilities. Moreover, the 
NVSC would undermine our efforts in combatting the current pandemic and run counter to the 
current discussions on the need for flexibilities.  Having said that, Indonesia is committed to engage 
constr uctively in the discussion of this issue to reach a consensus at the MC12 without prejudice to 
our long -established position.  
Switzerland  
Thank you for circulating a draft decision for a Ministeria l Conference (MC) Decision on the 
moratorium , based on the decision taken at the last and previous MC. Since 2019, the Council thus 
has again had ample time to discuss proposals for modalities on non-violation nullification and 
impairment (NVNI) complaints  in the TRIPS context. My delegation has reiterated our willing ness to 
engage constructively in such a discussion. We have also repeatedly explained why Switzerland is 
not submitting such a proposal, simply because this delegation sees no need for such add itional 
modalities for the application and implementation of Article  64, para graph  1 of the TRIPS  Agreement.  
Considering that no other WTO Member has come forward with such a modalities proposal since 
the last MC (and for that matter I may refer to MCs in  the plural), we can not see the usefulness of 
extending the moratorium further. After its expiry, it is the authority and responsibility of the DSB 
to apply the respective provisions of the Dispute Settlement Understanding  to the particular case 
and decide whether it is a matter for Articles 1(b) or (c) of Article XXIII (23) of GATT 1994. Should 
you hold consultations with Members, Chair, on how this is taken forward, my delegation requests 
to be included in these consultat ions. 
China  
China reiterates its position on the issue that non -violation complaints and situation complaints 
are not applicable under the TRIPS Agreement. Discussions on the scope and modality would not  be 
expected to make any progress in the short -term. Given that, we support a decision by the MC12 
on the moratorium on the application of non -violation and situation complaints under the 
TRIPS  Agreement.  
Pakistan  
Pakistan supports the continuation  of this moratorium at the next Ministerial Conference. and 
we echo the statements made in the same being by other Member States. We are happy to engage 
with the membership to develop consensus on this issue.  
Nigeria  
We wish to recall our previous statements under this agenda item. We reiterate that the current 
moratorium be extended and we support your draft decision circulated for MC12 Decision. However, 
our preference is that the current moratorium should be made pe rmanent. At the next upcoming 
work of this Council , we remain open to constructive discussions on this issue.  
Norway  
Thanks Chair for circulating the draft decision. It is Norway 's opinion that non -violation and 
situation complaints should not be initiated under the TRIPS  Agreement.  This discussion has been 
deadlocked for many years. With many pressing issues on the agenda for MC12, we would 
recommend that the moratorium on NVSCs i s prolonged in line with the draft decision you 
distributed . 
Canada  
Canada 's longstanding position on this issue remains unchanged: the availability of 
non-violation nullification and impairment (NVNI) claims under TRIPS would create legal uncertainty IP/C/M/103/Add.1  
 
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  for Members. Canada recognizes that the current moratorium exists thanks to consensus, and we 
recognize that we similarly need to find a consensus -based way forward on this issue, especially in 
view of the high concentration of Members with concerns in this area. On this point, we take note, 
Chair, of your proposed draft decision on the matter dated 11 October and circulated as document 
JOB/IP/52. Canada does believe that this provides a good basis for discu ssions, but we nevertheless 
wish to highlight that these discussions would  need to be coordinated with discussions on the 
e-commerce moratorium.  
Bolivia, Plurinational State of  
Bolivia reiterates its position that non -violation and situation complaints are outside the scope 
of the TRIPS  Agreement. We therefore support the permanent moratorium and should be addressed 
separately from other moratoriums under discussion in the Organi zation. In view of the Ministerial, 
we support the consensus reached by the Council on the extension of the moratorium.  
India  
India's position on th is issue remains unchanged  and we recall our statements made on this 
issue in previous meetings . That in our understanding until there is a consensus on the scope and 
modalities of the applicability of non-violation and situation complaints ( NVCs ) to TRIPS, this would  
not apply to the TRIPS Agreement.  We are looking forward to working with other Members in order 
to make NVCs inapplicable to the  TRIPS Agreement.  
Chinese Taipei  
We understand that there are concerns among Me mbers over the applicability of non -violation 
and situation complaints to the TRIPS Agreement. We are looking forward to substantive discussions 
about the scope and modalities for complaints of this type of dispute applicable under the Agreement.  
Chair, co nsidering the limited time before the MC12 we support the draft decision you circulated and 
extend the moratorium.  
Guatemala  
My delegation wishes to support the draft decision you presented to exten d the moratorium 
renewal in order to have more time to reach agreement on the various aspects contained in this file. 
Also to continue discussing constructively the scope and modalities.  
South Africa  
South Africa is not a proponent of the application of non-violation and situation complaints 
(NVCs) and the proponents of the application of NVCs under the TRIPS Agreement have not provided 
concrete examples of the kind of scenarios under which an othe rwise TRIPS -consistent measure 
would impair or nullify benefits beyond those arising from the obligations set out in the Agreement. 
In the past we identified a few useful elements that can inform a debate on this issue . We stand 
ready to work with other Me mbers to advance work in this important area.  
The first option could be for delegations to be invited to identify areas or elements of 
agreement which could be collated by the Secretariat. This can build on previous discussions on 
what NVCs should not be a pplicable to. This would narrow the issues to those areas in which we still 
need to engage to ensure focussed discussions going forward.  
As we indicated in the past, we stand ready to discuss our ideas with delegations on NVCs. 
Given the very busy multilat eral schedule and the circumstances arising from the pandemic it has 
been difficult to get traction on any sort of discussion. South Africa would like to reiterate its view 
that the traditional linkage between the moratorium on NVCs and the e-commerce mora torium 
cannot hold. The linkage has not substantive bases . An extension of the moratorium on NVCs is 
therefore warranted given the lack of clarity on the scenarios under which an otherwise 
TRIPS -consistent measure would impair or nullify benefits.  We suppo rt the draft decision.  IP/C/M/103/Add.1  
 
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United Kingdom  
The applicability of non -violation and situation complaints to the TRIPS Agreement has been a 
long-standing agenda item. Little progress has been made towa rds reaching a consensus, and the 
TRIPS Council has been unable to have a substantive discussion on scope and modalities since the 
NVSCs moratorium was last extended in December 2019.  
The UK would like to thank the Chair for convening a discussion on NVSCs and other topics 
on 6 October. We believe it is important that the TRIPS Council places a renewed focus on NVSCs, 
and we see last week 's session as a good first step.  In this regard, we would like to thank the Chair 
for submitting a dra ft proposal to the Council. We are currently considering the text in Capital.  
Once again, the UK would like to thank you Chair for pushing to reinvigorate this important agenda 
item and, going forward, we stand ready to work with all Members to find a long -term solution that 
works for all.  
Argentina  
Argentin a's position on this issue is well -known and, to date, remains unchanged. We believe 
that complaints of this type are not applicable to the TRIPS Agreement for the reasons explained in 
document IP/C/W/385/Rev.1  Argentina is ready to pursue constructive discussions on this issue with 
a view to finding an acceptable and permanent solution. In the meantime we support extending the 
moratorium.  
New Zealand  
New Zealand 's position on the moratorium on non -violation and situation complaints is 
well-known . We are supportive of a permanent moratorium. However, with the view of reaching a 
decision in advance of MC12 we think an extension to the moratorium seems the likely next step 
should developments on other moratoria facilitate it. We welcome the Chair 's text proposal in that 
regard.  
Colombia  
Colombia also wishes to re gister its interest in this matter and reiterate our well -known 
position to extend the moratorium once again at the Twelfth Ministerial Conference. We would also 
like to associate ourselves with the vision that has already been expressed by some Members an d 
reiterate the relationship between this moratorium and the moratorium on e -commerce, thus calling 
for coordinated work on the two issues.  
Australia  
Australia would like to e cho other Members saying  that our position is well-known  and remains 
unchanged. We support the extension to the TRIPS moratorium . We think that in the course  of a 
global pandemic, given that there are different views from different Members about the extent to 
which TRIPS ob ligations affect their response to COVID -19, it is not the time to introduce additional 
uncertainty.  
As we have previously indicated, we should be conscious that, in the past, this issue has always 
been resolved together with the so -called "e-commerce mora torium ". Of course, the substance of 
both moratoria should be discussed on its own merits. But it would in our view be a mistake to not 
have any regard to the political reality that a failure to roll over the e-commerce moratorium would 
likely also lead to  a lapse in the TRIPS moratorium.  
European Union  
Thanks Chair for distributing the draft text of the recommendations which we are currently 
considering and analysing. The EU would like to reiter ate our readiness to constructively engage in 
the discussions on this topic and to hear views of all delegations. And in order to find consensus and 
there are discussions going forward and that if it would  be properly required we would like to be 
included in the consultations. Regarding  TRIPS and e -commerce , this  has to be  asses sed on its 
individual merits, and we also see the need to coordinate our work on the two  issues . IP/C/M/103/Add.1  
 
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United States of America  
The United States ' position on this issue remains unchanged. We reiterate our support for 
allowing the current moratorium to expire so that Members may bring NVNI complaints in the future, 
as appropriate. While we remain of the view that the text of the WTO Agreements and dispute 
settlement reports provide Members with sufficient guidance on the application of NVNI disputes to 
the TRIPS Agreement, the United States remains open to considering specific propo sal from Members 
wishing to further examine the scope and modalities for complaints of these types.  
Ukraine  
We would just like to add our voice to the support of the extension of the moratorium at the 
next Ministerial Conference . 
Resumption of the Council for TRIPS on 5 November  2021 
Sri Lanka  
I am happy to say that we can join the consensus and so you can certainly reflect it in the 
report of the Council, which  we would  then be submitted to the General Council.  
Brazil  
Brazil wants to comm end Members for their flexibility and constructive spirit. As we all know, 
this Council has not been able to dedicate time and energy to a discussion on scope and modalities 
of non -violation and situation complaints . Priorities have understandably shifted to issues related to 
the COVID -19 pandemic. During the next cycle of discussions, we remain open to a ssessing 
proposals on this agenda item and mapping areas of convergence among Members.  
Chile  
The Members are well aware of Chile 's position on this point. We note that, further to the 
General Council Dec ision of 2019, discussions on this matter have not led to a consensus regarding 
the application of this type of complaint under the TRIPS Agreement, much less the possible 
conditions and modalities applicable to such a complaint. It therefore seems positiv e that this Council 
has recommended further discussion of the scope and modalities of complaints of this type under 
Article XXIII:1(b) and (c) of the GATT 1994. It is based on this premise and logic, and also 
considering the historic link between this matt er and the discussions on the e commerce moratorium, 
that Chile, together with Canada, Colombia, Guatemala, New Zealand, Panama and recently 
Uruguay, has proposed that the General Council renew the moratorium, as outlined in document 
WT/GC/W/832 . The language in that document is practicall y the same as that approve d by this 
Council and that has been proposed by the Chair. We therefore hope that as it comes before the 
Ministerial  Conference it will be a decision that the ministers adopt.  
9  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UN DER ARTICLE 71.1  
No statements were made under this agenda item.  
10  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
No statements were made under this agenda item.  
11  NINETEENTH ANNUAL REVIEW UNDER PARAGR APH 2 OF THE DECISION ON THE 
IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  
United Kingdom  
The United Kingdom is committed to implementing Article 66.2 of the TRIPS Agreement. 
Having submitted our full Annual Report to the Council, this delegation would like to provide this 
Council with an insight into one of the many projects undertaken by the United Kingdom.  IP/C/M/103/Add.1  
 
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The Zoonoses and Emerging Livestock Systems Project (ZELS) is a joint multistakeholder 
research  initiative between the UK Biotechnology and Biological Sciences Research Council; Defence 
Science and Technology Laboratory; Foreign, Commonwealth, and Development Office; Economic 
and Social Sciences Research Council; Medical Research Council, and Natura l Environment Research 
Council.  The project focuses on two elements: 1) reducing the impact of zoonoses, that is, a disease 
that has jumped from an animal to a human, on people from low socio -economic groups and their 
livestock by generating new knowledge and evidence that enables the mitigation of risks from 
zoonotic disease; and 2) forging mutually beneficial inter - and multi -disciplinary partnerships 
between researchers in the UK and developing countries and enhance the scientific capabilities of 
souther n partners for the longer term.  
Behavioural adaptations in live poultry trading and farming systems and zoonoses control in 
Bangladesh (BALZAC) is one of 11 programmes funded under ZELS. The trade in live birds provides 
smallholders with an important sourc e of income and can provide a route out of poverty. However, 
it can also play a major role in the transmission of zoonotic pathogens, such as avian influenza 
viruses.  The scientific evidence to inform the selection of risk -based and cost -effective preventi on 
and control options for major zoonotic diseases which contributes to decreasing the likelihood of 
occurrence, prevents their transmission to humans, and reduces their impact on human health. In 
the face of disease outbreaks in poultry, farmers and trade rs worry about economic loss.  
They may change practices in order to reduce such loss, altering the structure of the trade 
networks. These changes may, in turn, modify the way disease spreads, and even prolong and 
strengthen the epidemic.  This four -year pro ject studies the behaviour of people working in the 
Bangladeshi poultry farming and trading system. It aims to identify the socio -economic, cultural, 
and epidemiological factors that shape the structure of live bird trade networks in Bangladesh, and 
the ty pes of changes in the network structure which could facilitate the emergence of zoonotic 
pathogens and influence their maintenance and dissemination.  
Based on this understanding of the underlying system behaviour, BALZAC seeks to develop 
control and survei llance strategies tailored to the evolving characteristics of live bird trade networks. 
Employing an inter -disciplinary perspective, the project would  involve a combination of traditional 
ethnographic techniques, such as observations and semi -structured in terviews, innovative 
techniques using methods developed in experimental economics, biological sampling from both 
humans and poultry, and the development of joint epidemiological and socioeconomic models.  
The structure of the network shaped by the movements  of live bird traders influences the 
potential of a pathogen to invade the poultry population, the scale of the epidemic, and the level of 
human exposure. Avian influenza viruses, and in particular H5N1, would  be used as a model to study 
the traders ' and farmers ' responses to disease risk. The approaches we would  adopt in this research 
would  produce both specific local knowledge and more general knowledge which would  be useful for 
understanding influenza outbreaks and even some aspects of other animal and h uman infectious 
disease outbreaks and pandemics in other parts of the world.  The United Kingdom is happy to discuss 
its projects in more detail with Members as appropriate, and we are looking forward to the workshop 
on this important topic to take place ne xt year.  
European Union  
The European Union and its member  States take their commitment under TRIPS Article 66.2 
very seriously and annually provide a detailed update on their respective technology transfer 
programmes. Th e EU and its Member States provided proof year after year of having promptly and 
attentively reacted to natural, social, health, climate and economic changes by implementing 
projects specifically tailored to the current needs of LDCs and their regional org anisations.  
On 4 October  2021, the EU submitted its annual report on technical and financial cooperation 
programmes carried out between July 2020 and July 2021 by the EU and EU Member States in favour 
of developing and least developed countr ies, with the objective to facilitate the implementation of 
the TRIPS Agreement. Our program mes can be found in the e -TRIPS Portal.  
Beyond the EU -financed program mes, this year Austria, Czech Republic, Finland, Germany, 
Ireland, Spain and Sweden sent reports to the European Commission on technology transfer IP/C/M/103/Add.1  
 
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  programmes provided to LDCs. The report submitted by the Commission is not an exhaustive list of 
all the programmes provided but gives only examples of the technology transfer programmes.  
Taking account of the for mat of this meeting, on the issue of conditions for successful 
technology transfer, including the importance of absorptive capacity of LDCs, we would like to refer 
to our interventions on this topic in previous meetings. T his time  we would like to focus on  some 
examples of the EU 's and its member States ' technology transfer programmes, mostly from the 
areas of the fight against climate change and biotechnology and biodiversity.  
Climate change  
DAFNE - Use of a Decision -Analytic Framework to explore the wat er-energy -food NExus in complex 
and trans -boundary water resources systems of fast -growing developing countries - Mozambique & 
Zambia  
Global trends in population growth and rising economic prosperity would  increase the demand 
for energy, food and water, wit h more severe impact in fast -growing economies, such as in several 
African countries. This creates constraints on water, energy, and food (WEF) and could hamper 
economic development, lead to social and geopolitical tensions, and cause lasting environmental  
damage.  
DAFNE project advocates an integrated and adaptive water resources planning and 
management approach and leads to a better understanding of the water -energy -food (WEF) nexus.  
DAFNE generates and explores alternative planning and management solutions based on the 
cooperation of public and private stakeholders. The DAFNE approach is demonstrated by analysing 
two cross -boundary case studies, the Zambezi and the Omo river basins.  This is expected to foster 
both profitable and equitabl e use of resources without exceeding environmental limits or creating 
societal and/or stakeholder conflicts. The project also supported the implementation of the 
UN Sustainable Development Goals.  
MonoCLE: Multiscale Observation Networks for Optical monitor ing of Coastal waters, Lakes and 
Estuarie  
MONOCLE is an environmentally friendly and sustainable technology programme to Tanzania.  
MONOCLE innovates and develops sensor, platform, and data handling technologies to increase 
coverage and lower the cost of in situ sensors in inland and coastal water bodies.  
The research:  
a. would  reduce uncertainties in Earth Observation (EO) ; and 
b. would  deploy new and improved sensors on autonomous platforms (buoys, ships, 
drones).  
The project would  provide information necessar y to ensure WEF security, to cope with the 
scarcity of natural resources, to develop mitigation and adaptation solutions to climate change, and 
to make communities more resilient to natural hazards.   
Germany  
Climate protection through forest conservation in Lao People 's Democratic Republic  
The objective of the programme is to reduce greenhouse gases. The Lao emissions reduction 
programme is implemented by improved forest governance and sustainable management o f the 
forest landscape.  The requirements for results -based REDD+ -payments are fulfilled, 
deforestation -free production systems and supply chains are established and management plans for 
a sustainable forest management and protection are implemented.  
Suppor t to transboundary water cooperation in the Nile Basinin favour of Burundi; Democratic 
Republic of the Congo; Egypt; Kenya; Rwanda; Tanzania; Uganda.  
The capacity of the Nile Basin Initiative to build consensus amongst riparian states on the 
sustainable an d cooperative management and development of the basin 's water resources is 
enhanced.  The objective is to contribute to a sustainable and fair use of the shared water resource 
Nile through coordinated water resource management and infrastructure development .  IP/C/M/103/Add.1  
 
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  Biotechnology and Biodiversity  
TRIATLAS - Tropical and South Atlantic climate -based marine ecosystem predictions for sustainable 
management  
Sustainable management of human activities affecting Atlantic marine ecosystems is critical 
to maintain its healt h and to support the blue economy of the bordering countries. TRIATLAS 
enhances capacity in marine ecosystems, oceanography, and climate research in countries bordering 
the South and Tropical Atlantic Ocean: Angola; Benin; Brazil; Cabo Verde; Ivory Coast; Namibia; 
Senegal and South Africa.  
This programme contributes to this objective by delivering knowledge of the current state and 
future changes of the Atlantic marine ecosystems and bringing together an interdisciplinary team of 
marine ecologists, physica l oceanographers, climate researchers, and social scientists from 34 
different institutions in Europe, Africa, and South America, together with multi -sectoral and regional 
stakeholders. TRIATLAS develops the first predictions of the marine ecosystem  for th e next 40 years 
for the whole Atlantic.  
Spain  
Building links between Europe and Africa in personalised medicine  
The EU -Africa PerMed project has the final objective of integrating African countries into 
ICPerMed activities as a means to contribute to the  implementation of Personalised Medicine (PM) 
in the global context, fostering joint PM projects and programmes between Europe and Africa.  
Germany  
BioInnovation Africa - Equitable Benefit -sharing for the Conservation of Biodiversity in Cameroon; 
Madagascar; Namibia; and South Africa  
European -African cooperation are expanded for biodiversity -based  innovations and products 
with benefit -sharing towards biodiversity conservation.  The objective is to strengthen fair and 
biodiversity -preserving trade relations between Africa and Europe and thus helping to reduce 
growing inequalities and massive environm ental damage.  
Canada  
Canada is pleased to report on its efforts to provide incentives to enterprises and institutions 
for the purpose of promoting and encouraging technology transfer to least  developed countr ies 
(LDCs), to enabl e them to create a sound and viable technological base.  
Canada 's 2021 report on the implementation of Article 66.2 of the Trade -Related Aspects of 
Intellectual Property Rights (TRIPS) Agreement (document IP/C/R/TTI/CAN/2)  provides an update 
on the range of projects and initiati ves undertaken by Canada over the past year. Before discussing 
some of the more noteworthy projects included in this year 's report, we point out that Canada 's 
report on Article 66.2 focuses primarily on non -market projects, as financed by Canadian 
departme nts, agencies and institutions, through official development assistance, grants and other 
concessional financing. For instance, Canada provides financial incentives in partnership with 
Canadian educational and research institutions in a range of developmen t areas, such as agriculture 
and food security, public health, artificial intelligence and education, sustainable development, as 
well as business development and capacity -building for small and medium -sized enterprises.  
In addition to updates on existing projects, this year 's report includes information on a recent 
subsidy programme, the Health Innovation Platform, funded in partnership with Grand Challenges 
Canada, an organization financed, inter alia , by Global Affairs Canada and which funds innovators i n 
low- and middle -income countries. It has supported 1,300 innovations in 106 countries to date. In 
particular, it should be noted that specific provisions on technology transfer to LDCs have been 
negotiated under this funding mechanism. The programme supp orts innovators to develop and 
transition to scale innovations that improve the health, human rights and well -being of women, 
adolescents and children in low - and middle -income countries, including in conflict -affected areas. 
The programme, which focuses o n a number of countries such as Burkina Faso, Haiti, Madagascar 
and Uganda, aims to provide more e products and health services, taking into account gender and 
local needs, particularly for the most vulnerable and marginalized people.  IP/C/M/103/Add.1  
 
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Another significant p roject from the past year, called "An Integrated Food Systems Approach 
to Build Nutrition Security ", was launched in 2021 with HarvestPlus and partners in Bangladesh, 
Malawi, Democratic Republic of the Congo and Zambia. This project seeks to improve access  to 
nutrient -rich biofortified foods for women, children and adolescents in vulnerable rural households. 
A related project, called "Strengthening the Nutritional Resilience and Food Security of the Most 
Vulnerable in Mali ", aims to improve the food, nutrit ion, and health situation, increase agricultural 
productivity and incomes of target populations, mainly women and girls, in the Mopti and Ségou 
regions, while tackling the effects of climate change on food security in their communities, in 
collaboration wi th the World Food Programme.  
Our report this year also mentions a project called "End-to-end artificial intelligence and data 
systems for targeted surveillance and management of COVID -19 and future pandemics affecting 
Uganda ". Through collaboration between  the International Development Research Centre, Makerere 
University and the Infectious Diseases Institute in Uganda, this project strengthens Uganda 's data 
systems to create COVID -19 responses which are based on artificial intelligence and improve the 
monitoring and management of the pandemic. The project also develops and deploys artificial 
intelligence detection and diagnosis tools to improve patient care and monitor in real time the spread 
of COVID -19 and associated risks.  
Canada is fully prepared to pro vide, upon request, further information on these technology 
transfer projects and programmes contained in Canada 's 2021 report on the implementation of 
Article 66.2. Canada also invites interested delegations to consult the Project Browser on 
international  projects funded by the government of Canada to obtain further information on these 
and other initiatives.  
Finally, Canada would also like to take this opportunity to once again thank the Secretariat for 
having organized the March 2021 workshop on Article 66.2 of the TRIPS Agreement, and thank the 
Members who shared their experiences and valuable ideas in this area. We look forward to the next 
workshop on the implementation of Article 66.2 and to further discussions with other Members on 
these important iss ues. 
Australia  
Australia was pleased to submit its Article 66.2 report to the Secretariat on 15 September.  
Australia recogni zes the important role of technology transfers in supporting all Members, 
particularly LDCs, develop ing and achiev ing greater prosperity.  
Australia also recogni zes the need for developed countr y Member s to continue to step up our 
efforts to support technology transfers in response to COVID -19, not only to ensure LDCs are able 
to respond to the imp acts of the pandemic, but also so that LDCs can develop the sovereign 
capabilities necessary to manage and support their populations.  
We take our Article 66.2 reporting very seriously and  are careful to submit our reports using 
the template preferred by L DCs. Our report focuses on Australia 's efforts to help LDCs create the 
conditions essential to allow the transfer of technology, including the technology necessary to assist 
WTO Members access and administer COVID -19 vaccines.  
Many of our efforts to promo te technology transfer take the form of official development 
assistance Australia is committed to using development assistance as a catalyst to promote economic 
growth and development.  We would be happy to discuss our report further with any interested 
delegations.  
Norway  
Transfer of technology to LDCs is important in order for them to strengthen their economies. 
Norway is fully committed to provide incentives in line with the obligations under Article  66.2 of the 
TRIPS Agreemen t and has circulated our annual report on the shortly before this meeting. We look 
forward to discussing this in more detail at the next meeting of this Council.  Last but not least, I 
would like to convey my sincere apologies to the membership and to the S ecretariat for our late 
submission . IP/C/M/103/Add.1  
 
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United States of America  
The United States attributes great importance to this review with respect to the obligations 
under Article 66.2. Our submission this year, document IP/C/R/TTI/USA/2 , is a new report, detailing 
programmes aimed to support LDCs in fostering the necessary environment to encourage th e 
effective, voluntary transfer of technology to LDCs on mutually agreed terms. The US submission 
details programmes ranging from intellectual property and trade capacity -building  to the health, 
labour , and environmental sectors. Similar to previous submis sions, this report includes comments 
from host country government and private sector representatives regarding the value of several of 
the programmes listed in the report.  
 The United States believes that for Article 66.2 of the TRIPS Agreement to functio n effectively, 
there must be a robust dialogue between developed countr y Members  and LDCs. Strong 
communication between partners is critical to ensure targeted incentives remain responsive to the 
self-identified technology transfer interests and needs of L DCs. The US government interagency 
strives to make this a priority in all our engagements with our host government partners around the 
world and would  continue to explore ways to improve upon the process as we go forward .  
Chair, please allow me to mention  some elements contained in our 2021 report, highlighting 
a few program me updates.  While the COVID -19 pandemic created challenges, it did not impede the 
modified implementation of many of our technology transfer projects. For example, in support of 
the Dep artment of State 's strategic goal of enhancing economic development, the State 
Department 's Education and Cultural Affairs Bureau continued its International Visitor Leadership 
Program or IVLP to assist partner countries, including LDCs. Under normal condi tions, IVLP projects 
take place in -person with visits to the United States. As a result of travel restrictions due to the 
ongoing COVID -19 pandemic in 2020, all IVLP programming took place virtually.  
The IVLP U.S. Energy Policy - Security, Independence, a nd Innovation included participants 
from Bangladesh, Cambodia and Nepal. The programme examined domestic and international 
cooperative efforts to promote energy innovation and US policies that enhance energy security. 
During 14 October – 6 November 2020, p articipants examined US efforts to reduce pollution, 
promote clean energy sources, mitigate environmental impact, ensure secure power grids and 
waterways, and enact sound energy policies. Participants met virtually with policy makers, industry 
leaders, aca demics, scientists, and citizen groups to discuss their views on local and regional energy 
resources, production, and sustainability.  
As Uganda approaches HIV epidemic control and improves capacity to prevent, detect, and 
respond to outbreaks, the US Government continues to provide substantial resource and technical 
support for building health information system (HIS) capacity. Through the President 's Emergency 
Plan for AIDS Relief (PEPFAR) and Global Health Security Agenda (GHSA) programmes , US 
government  staff, local NGOs, and the Government of Uganda officials have developed electronic 
medical records, laboratory information systems, and specimen and commodities tracking systems. 
These analytical tools and dashboards help health professionals from commun ity to national levels 
provide quality patient care and monitor disease outbreaks and responses.   
Over 1,300 health facilities are implementing electronic medical records in HIV clinics. Health 
Information Exchanges have enabled the automatic relay of data via the internet from remote health 
facilities nationwide to a national repository dashboard to m onitor priority tests, such as early infant 
diagnosis of HIV and tuberculosis (TB). PEPFAR and GHSA programmes also established 
internet  -based communications platforms at Ministry of Health, Regional Referral hospitals, some 
district health offices, as well some health facilities for industry standard tools like Zoom and ECHO 
to support remote implementation, training and mentoring (Project  Echo), and monitoring of service 
providers to reduce costs and improve efficiencies.  
Commenting on the programme,  a Uganda Ministry of Health National Health Laboratory and 
Diagnostics Services ICT Manager said, "With support from US Centers for Disease Control, the 
Ministry of Health, Central Public Health Laboratories set up a Data Center at Butabika initially 
hosting the HIV Reference Testing Laboratory information Systems. With good internet, the facilities 
are able to access their test results immedi ately they have been uploaded by the reference 
laboratories. The Data Center hosting environment has engineered technological innovations to 
address public health issues. "  IP/C/M/103/Add.1  
 
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A Principal Clinical Officer from the Mbarara Regional Referral Hospital in Uganda said: "Thank 
you for this Build Uganda Health Informatics Capacity, ICT training for health workers. I had never 
received any ICT training in my life. With this training, I can now operate a computer, use it to write 
a report, analyse , and visualize data u sing graphs. "  
Our report describes about 140 programmes just like these ones, that shows how the US 
Government transforms lives. However, no report can truly represent every activity that directly or 
indirectly incentivizes enterprises and institutions fo r the purpose of promoting and encouraging 
technology transfer. This report attempts to describe the most significant activities and programmes 
and to convey the breadth and depth of efforts by the United States.   
We look forward to further discussing our technology transfer programming  with the LDCs at 
the next workshop, and we commend the Secretariat for putting together yet another fantastic 
workshop during the pandemic.  
Switzerland  
Switzerland 's 2021 report ( document IP/C/R/TTI/CHE/2)  reflect s an updated list of the 
measures and programmes that Switzerland has implemented to incentivize technology and 
knowledge transfer to LDCs. The report lists the projects financed by Swiss official development 
assistance as funded by the Swiss Agency for De velopment and Cooperation and the State 
Secretariat for Economic Affairs. For the sake of brevity, we refer Members for details of individual 
programmes and incentives to our report.  
Switzerland would  make maximum efforts also in the future to provide rele vant information 
on the incentives it provides under TRIPS Article 66.2 in a manner as transparent, consistent, and 
comprehensible as possible. Switzerland would  continue to engage actively in discussions with the 
LDC Group  and looks forward to participating in the two -day workshop scheduled before the first 
TRIPS Council meeting next year.  
Bangladesh on behalf of the LDC Group  
The delegation of Bangladesh delivers t his statement on behalf of the LDC Group . The 
LDC Group welcomes the annual reports on the implementation of the provisions of 
TRIPS  Article  66.2 and the reporting Members ' most sincere efforts to help create sound and viable 
technological base in the LDCs . The LDC Group thanks Australia, Japan, Switzerland, the 
United States, the U nited Kingdom , the E uropean Union, and Canada for their reports. We are happy 
to hear that Norway also has recently submitted their report.  
Since the reports are very recently s ubmitted, we do have scopes to go through them in detail. 
After examining these reports, the LDC Group  would  provide feedback to the respective reporting 
Members very soon. We believe that further exchange of opinions and ideas on these annual reports 
would help navigate better on the technology needs and current realities of the technological base 
in the LDCs.  
While we sincerely appreciate the initiatives of the developed country Members under 
TRIPS  Article 66.2, we also feel that LDCs should do some home work focusing their needs and 
challenges in terms of technology transfer. In this connection our group believes that the annual 
workshop on the implementation of Article 66.2 of the TRIPS Agreement is an excellent opportunity.  
For the forthcoming workshop  on Article 66.2, the LDC s are currently working on a 
self-assessed survey focusing their priorities for technology transfer needs. The LDCs thank the 
IP Division of the WTO Secretariat for extending technical support in this regard. We expect that the 
next year 's workshop would  bring more practical inputs and help an informed dialogue between the 
reporting Members and the LDCs to further acknowledge the substantive contributions of the 
developed country Members with evidence and precision. The LDC Group , including the delegation  
of Bangladesh, stands ready to engage constructively with Members.  IP/C/M/103/Add.1  
 
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China  
China supports the LDC Members ' appeals and calls on the developed country Members to 
effectively fulfil their obligations to transfer  technology to the LD Cs with the purpose of helping them 
create a sound and viable technological base.  
India  
At the outset, we would like to thank all the delegations  for their reports under this agenda 
item. This is a positive obligation on develope d country Member s built in the TRIPS  Agreement and 
an important transparency exercise. We hope more could be done under this obligation by the 
developed country Member s, as the votaries of transparency they must fulfil this obligation in both 
letter and sp irit. This issue of promoting and encouraging technology transfer is even more relevant 
and critical today as the developing countries and LDCs have been the worst hit by the pandemic 
and therefore, more transparency in this regard, would be supportive of LDCs' efforts towards 
building a much -needed technological base both to combat the pandemic and to recover back from 
its aftermath.  
Japan  
Even though it is not necessary to mention  it again, this delegation recognizes the import ance 
of Article 66.2 of the TRIPS Agreement for LDCs, taking into account their economic, financial and 
administrative constraints and so on. From such a perspective, Japan is earnestly engaged in 
improving the business environment for technology transfer to LDCs . This time, this delegation would 
like to briefly describe this year 's report on our implementation of Article 66.2, document 
IP/C/R/TTI/JPN/2 . The repo rt consists of four sections, namely, I) Activities Undertaken by Technical 
Cooperation Organizations, II) Activities in the field of Climate Change, III) Activities in the 
Pharmaceutical Sector, and IV) Activities in the Field of Intellectual Property Rig hts. 
Furthermore, this report was submitted through the e -TRIPS submission system and is 
accompanied by an annex which provides detailed information on each activity involving technology 
transfer to LDCs. Japan understands that incentives to enable technol ogy to be transferred include 
a variety of measures such as financial support and business environment support, because one of 
the main obstacles for enterprises and institutions in developed countr y Members  to transfer 
technologies to LDCs is the lack or insufficiency of business environment in LDCs. Furthermore, 
improving the business environment helps create incentives that are stable and self -sustainable, 
which is especially important considering that technology transfer often takes time.  
Japan believe s that activities in the report contribute to creating a sound and viable 
technological base in LDCs, which would  bring about further technology transfer by enterprises and 
institutions in developed countr y Members . Japan would  continue to make its utmost efforts to 
improve the business environment and make it even more conducive to transfer technology.  
12  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
Norway  
Norway is committed to provide technical cooperation and capacity -building in line with 
Article  67 of the TRIPS  Agreement. Two institutions , the Norwegian Industrial Property Office and 
the Norwegian Copyright Development Association have for many years ho sted training courses and 
programmes for officials from developing countries. Unfortunately, all planned activities had to be 
cancelled in 2020 due to the COVID -19 pandemic. For the sake of order, we have submitted a short 
report that explains the content of the activities that are normally provided by these two institutions. 
They are currently working on how to restart their programmes as soon as possible.  
Canada  
Canada is pleased to have submitted its report o n the implementation of Article 67 under 
document IP/C/R/TC/CAN/2 . Canada 's 2021 report provides an update on Canada 's activities 
concerning IP -related technical and financial cooperation for developing and LDC  Members . We thank 
the WTO Secretariat in advance for its efforts in cir culating Canada 's report following this session.  IP/C/M/103/Add.1  
 
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Canada undertakes a number of technical cooperation activities at the multilateral, plurilateral 
and bilateral levels, which are outlined in this year 's report. We would like to briefly take the 
opportunity to highlight a few notable activities from the past year. First, in April and May this year, 
the Canadian Intellectual Property Office (CIPO) hosted and delivered its annual CIPO -WIPO 
Executive Workshop on IP Office Management, on management techniques in the delivery of IP 
services, for senior officials from developing countries. Due to the COVID -19 pandemic, this year 's 
workshop was held virtually over the course of two weeks. The objectives of the workshop were to 
enhance knowledge and skills in the area  of management techniques in the delivery of IP services; 
improve the capacity of IP officials; provide participants with first -hand experience of the nature and 
scope of Canada 's IP expertise, products and services; and provide a forum to exchange ideas a nd 
experiences with officials from other IP offices.  
In September 2020, CIPO also conducted a Pilot Program of Training for patent examiners in 
the area of computer -implemented inventions, which included participants from Costa Rica, 
Dominican Republic, Gu atemala, Honduras, El Salvador, Nicaragua, and Panama. Under this Pilot 
Program, a patent examiner from CIPO provided an overview of Canadian laws and regulations, as 
well as on the practice of CIPO on the substantive examination of computer -implemented in ventions; 
the examiner also presented examination cases.  
This year 's report also highlights the activities of Canadian departments, agencies, and other 
institutions, such as the Open African Innovation Research network (or Open AIR), which is a unique 
collaborative network of researchers spread across Africa and Canada. A new research phase, 
implemented in collaboration with the University of Cape Town, South Africa, examines how Africa 's 
high-tech hubs are facilitating the adaptation and adoption of emerg ing technologies in Africa, 
including artificial intelligence; how maker communities facilitate inclusive innovation, especially by 
empowering women and girls and benefitting members  of marginalized groups; and how to build 
confidence in Indigenous populat ions to effectively participate in collaborative knowledge production 
with optimal and equitable benefits.  
Canada 's 2021 report also highlight technical assistance activities conducted by Canada 's 
Expert Deployment Mechanism for Trade and Development, whic h is supporting the IP Office of 
Viet Nam to implement legal and administrative reforms in respect of its commitments under the 
Comprehensive and Progressive Agreement for Trans -Pacific Partnership.  
Further details on these activities can be found in Canad a's 2021 report, and Canada would be 
pleased to discuss our report with any interested Member. Canada also remains interested in hearing 
developing and LDC  Members ' views on the successes and challenges of technical assistance and 
cooperation, as well as how priority needs have changed since Members ' TRIPS implementation, and 
where gaps in technical assistance might remain. Canada looks forward to discussing these is sues 
further, with a view to ensuring that technical assistance continues to meet the priority needs and 
development objectives of its recipients.  
Australia  
Australia takes an active role in promoting technical coop eration and capacity -building  in the 
intellectual property field, as we have highlighted in our 2021 Article 67 Report.  We would also like 
to take this opportunity to reiterate our commitment to technical cooperation and intellectual 
property capacity -building activities and in light of the disruptions posed by COVID -19, we recogni ze 
the need to elevate many of these initiatives to ensure an equitable and strong global response to 
the pandemic.  
Australia fulfils its Article 67 technical cooperation commitm ent through multilateral, regional 
and bilateral programmes and activities. Many activities are focused on developing and least 
developed countr y Member s in the Indo -Pacific region. Australia works closely with the World 
Intellectual Property Organization (WIPO), the Association of Southeast Asian Nations (ASEAN) 
Secretariat and other partners to assist developing and LDCs to build their intellectual property 
capacity and systems.  We would be happy to discuss our report further with any interested 
delegatio ns. IP/C/M/103/Add.1  
 
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European Union  
On 4 October 2021, the European Union submitted its annual report on technical and financial 
cooperation programmes carried out between July 2020 and July 2021 by the EU and EU member 
States in favour of developing and least developed countr ies, with the objective to facilitate the 
implementation of the TRIPS Agreement. Our programmes can be found in the e -TRIPS Gateway . 
The EU carried out 38 technical cooperation activities during the reporti ng period and also the EU 
member States contributed to the report. France, Lithuania, Sweden, Germany and Spain delivered 
programmes in this context.  
The programmes covered all IP rights in the TRIPS Agreement and some of the programmes 
were multi -annual in nature consisting of many activities to the benefit of LDCs and developing 
countries. In the interest of time and due to the format of the meeting, we do not give an overview 
of these programmes, but we are ready to assist Members should they have any questions 
concerning the programmes uploaded to the e -TRIPS Gateway .  
Switzerland  
Switzerland is currently partner to ten bilateral technical cooperation projects on intellectual 
property. Whereas the Swiss State Secretariat for Economic Affairs is the main funder of most 
projects through its Global Program for Intellectual Property Rights (GPIPR) set up in 2018,  it is the 
Swiss Federal IP Institute which implements the GPIPR. The GPIPR supports developing and 
least developed countries as well as emerging economies in developing an efficient and effective 
system for the protection and enforcement of intellectual p roperty rights with a view to promoting 
economic development, assisting our partners also in the task to implement their rights and 
obligations under the TRIPS Agreement.  
During the reporting period, the COVID -19 pandemic restriction measures affected man y 
aspects of the delivery of the technical assistance. In spite of these limitations, the implementation 
of all our cooperation projects with the partner countries went ahead and meaningful progress was 
made in all programmes , nevertheless. Switzerland co ntinues its efforts to be a reliable partner in 
delivering technical assistance in the field of intellectual property and to contribute through its 
technical cooperation projects, among others, to the implementation of the 2030 Agenda for 
Sustainable Devel opment.  
Bangladesh on behalf of the LDC Group  
Bangladesh delivers this statement on behalf of the LDCs. The LDC Group welcomes the 
reports under TRIPS Article 67 from the developed countr y Members and the reports of the 
Secretariat and other international organizations on the technical cooperation and capacity -building  
support to the developing countries and particularly the LDCs. These reports provide information on 
a wide range of progra mmes and activities customized for the beneficiary Members. These 
programmes are critically important for the LDCs.  
We sincerely thank the developed country Members and the international organizations for 
their help and would like to encourage them to continue their valuable support for the developing 
countries and particularly the LDCs and the graduating LDCs. In this regard, we also request the 
WTO Secretariat to explore the possibility o f organizing any regular annual event to discuss the 
implementation of Article 67 of the TRIPS Agreement. We believe that such an opportunity would  
help Members engage in informed dialogues through an interactive platform. Our group stands ready 
for furthe r discussion on this issue with Members.  
United Kingdom  
The U nited Kingdom  continues to believe technical cooperation and capacity -building  efforts 
are essential to support the development of a global IP system  that operates for the benefit of all.  
The UK has submitted its annual report on technical cooperation and would like to share with you  
this time some of the work we 've been undertaking together with the Philippines.  The Philippines -UK 
IP relationship has continued to grow from strength to strength. The UK IPO has had a Memorandum 
of Understanding with the Philippines ' Intellectual Property Office since 2015 and we have 
collaborated on several IP enforcement projects.  IP/C/M/103/Add.1  
 
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More recently, we signed another Memorandum of Understanding with the Philippines 
Intellectual Property Office through the British Embassy in Manila, formalising the continued 
collaborations and relationship between our two IP offices to leverage IP to power economic growth 
and societal d evelopment. This includes supporting our people, businesses, and micro -small - and 
medium enterprises to make better use of their innovative and creative IP assets.  At a practical and 
policy level, it also includes the UK and Philippines working together to  build a balanced and 
connected IP ecosystem conducive to support innovation, commercialisation, and enforcement 
efforts.  
While IP rights themselves are mostly domestic and largely territorial, some IP issues are much 
broader and inherently international, and the UK strongly believes that partnerships are key in order 
to make sure that we achieve one of the core aims of the UK IPO 's strategy: making life better for 
everyone through IP.  In line with this, the UK partnered with the Philippine Judicial Academy  
(PHILJA) and the Intellectual Property Office of the Philippines to share our experience and best 
practices on IP and the judicial system. This judicial colloquium was designed as a forum to share 
experiences and best practices on intellectual property in  other jurisdictions, thereby enhancing the 
capacity of judges for the efficient, effective, and expeditious completion of intellectual property 
rights cases.  
The two -day training programme for commercial court judges and policy committees on IP 
and Philippines ' judicial system covered transnational crimes, counterfeiting trends, and legal 
developments on online infringements. The event included sharing from the UK Crown Prosecution 
Service on the IP work undertaken by the organisation with a focus on  recent cases prosecuted 
relating to IP crime.  The event was a great example of how we can work together to exchange ideas 
and learn from each other. The UK was pleased it could share its views and expertise. Forums such 
as this give the UK an excellent op portunity to share and, just as importantly, learn from our 
international partners.  IP is an essential element of a successful economy and society and will be an 
important part in supporting post -crisis growth.  
United States of America  
The United States is pleased to highlight its report under Article 67  on the technical assistance 
programmes provided by the U nited States Government concerning the protection, utilization and 
enforcement of intellectual  property rights, including patents, trademarks, trade secrets, copyright 
and enforcement for developing and LDCs. 
Although traditional, face -to-face training programmes were very limited during the reporting 
period, the US Government continued to meet tra ining obligations during this unprecedented time 
through increasing its leverage of various technologies to provide live online IP training. Through 
these well -attended and well -received distance learning initiatives, US government agencies 
provided tailor ed content to developed and developing countries and LDCs.  In the past year, our 
report accounts for more than 317 training, technical assistance, and capacity -building  programmes 
for three intergovernmental organizations and 133 different countries, inclu ding developing 
countries and LDCs.  
Among these efforts, programming was provided for over 34 LDCs. These countries included: 
Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Chad, Comoros, 
the Democratic Republic of  the Congo , Ethiopia, The Gambia, Haiti, Lao People 's Democratic Republic , 
Lesotho, Liberia, Malawi, Mali, Mozambique, Myanmar, Niger, Rwanda, Sao Tome and Principe, 
Senegal, Sierra Leone, Solomon Islands, Sudan, Tanzania, Timor -Leste, Togo, Tuvalu, Uganda, and  
Zambia.  
Technical cooperation to improve IP legal, administrative and enforcement infrastructure is 
crucial to countries ' economic development that is directly linked to contributing to foreign 
investment and voluntary, private sector -led technology trans fer in developing countries and for 
developing country innovators to capitalize on their creativity.  US government technical assistance 
is driven by demand and individual priority needs of beneficiary countries. The diversity of needs 
and interests identif ied by beneficiary countries results in tailored technical assistance activities on 
specific areas of interest.  We look forward to continued discussions on reports in the Council 
concerning technical cooperation of governments and IGOs for the strengthenin g of IP systems.  IP/C/M/103/Add.1  
 
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Japan  
This delegation would like to briefly describe this year 's report on Japan 's technical 
cooperation, document IP/C/R/TC/JPN/2 , which was also submitted through the e -TRIPS submission 
system . The report consists of the main body and its annex. The main body highlights recent 
technical activities, while the annex lists the details of each activity. This report categorizes 
cooperative activities into four areas, namely, industrial property, copyrights, plant varieties, and 
border measures.  
As for the industrial property, the Japan Patent Office organized 18 training courses for both 
government officials and the private sector in FY  2020. More than 300 people attended in total. 
Moreover, based on the JPO 's long history of conduc ting training courses, alumni associations have 
been established in the trainees ' home countries. The Japan Patent Office continues to support the 
alumni associations by holding follow -up seminars in Asian countries. Japan would  continue to make 
its utmost  efforts to fulfil its obligation under TRIPS Article 67.  
WTO  Secretariat  
Document IP/C/R/TC/WTO -OMC/2  contains a full report on the technical assistance activities 
in the area of TRIPS that we undertook between 1 October 2020 and 30 September 2021. The 
structure of the report gives a general overview of the broad trends. The Annex gives a detailed 
account of activities delivered. There is a review of the overall trends, the resources available for 
technical cooperation and the specifics activities, as well as contributions to broader technical 
assistance activities that have TRIPS component. Coordination an d cooperation with other 
intergovernmental organizations and other public stakeholders are of course important. We 
emphasize these partnerships and cooperation are integral to our work and are increasingly 
important and valuable.  
The technical cooperation  activities, undertaken by the Secretariat under the aegis of TRIPS, 
have the objective of assisting Members and observers to meet their developmental and other 
domestic policy objectives, such as innovation and industrial policy, health, regulatory aspect s, 
competition policy and environmental protection, in line with their domestic circumstances and 
priority needs.  
During the review period, the Secretariat 's technical cooperation activities in relation to the 
TRIPS Agreement continued to focus on assistin g Members and observers to understand their rights 
and obligations under the Agreement. Additionally, Members and observers continued to receive 
tailored assistance regarding notifications and reviews of national legislation. Activities are 
essentially dri ven by demand from developing country and least developed countr ies, as well as 
from governments preparing to accede to the WTO.  
A particular priority has been responding to the needs of Members in relation to the impact of 
the COVID -19 pandemic. Overall,  in presenting the report, we stress the commitment of the 
WTO Secretariat to continue to respond to needs and priorities of Members, including more tailored 
support for Members or groups of Members and subject to their guidance. The WTO Secretariat 
contin ued to survey participants to gain insight on priority needs for technical capacity -building . 
Survey results in turn helped shape the content, design and delivery of t he activities. We are grateful 
for guidance from Members, and aim to continue to shape an d update technical assistance to meet 
their needs.  
In our capacity -building  assistance to support Members  responses to the pandemic, we 
underscore that complementarity and cooperation with other intergovernmental organizations are 
regular practice within S ecretariat activities. In the spirit of an integrated approach to address the 
COVID -19 pandemic, on 15 June 2021, the Directors -General of the World Health Organization 
(WHO), the World Intellectual Property Organization (WIPO) and the WTO agreed to enhanc e their 
support to Members battling COVID -19 through a number of initiatives, including through practical  
workshops , to enhance the flow of updated information on current developments in the pandemic 
and responses to achieve equitable access to COVID -19 he alth technologies. The first of such 
workshops was held on 27 September, and focused on IP licensing, technology transfer, and sharing 
of know -how and clinical trial information. Work is also underway to implement a joint platform for 
a trilateral technica l assistance, providing a one -stop shop that would  make available the full range IP/C/M/103/Add.1  
 
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  of expertise on access, IP and trade matters provided by the WHO, WIPO and WTO, and other 
partners, in a coordinated and systematic manner.  
Summary of activities  
Regarding a f ew overarching activities in the reporting period that may be of general interest 
to Members, in commemoration of the 25th anniversary of the TRIPS Agreement, the Secretariat 
held a series of webinars on various thematic issues. Additionally, to help respo nd to the continuing 
demand for interdisciplinary and integrated technical assistance on public health, trade and IP, the 
Secretariat designed and delivered a five -weeklong  Trade and Public Health Virtual Course with a 
Special Focus on the COVID -19 Pandemic in close collaboration with the WHO and WIPO Secretariats.  
Another seminal capacity -building  activity this year included the annual workshop on the 
implementation of Art icle 66.2 of the TRIPS Agreement: regarding incentives for technology transfer 
to LDCs. In our continuous efforts to improve the value and impact of this annual dialogue, this 
workshop for the first time with  the guidance of LDCs, was devoted to four speci fic fields of 
technology transfer that are critical for sustainable development:  namely, health, agriculture, 
environment and information and communication technology.  
Also, Members and Observers do continue to receive tailored technical assistance on req uest, 
including their participation in the transparency work of this Council, which has been stepped up in 
line with the opportunities provided by the e -TRIPS Submission System and the e -TRIPS Gateway.  
Technical cooperation resources  
Throughout the report ing period, with respect to the technical cooperation resources, the WTO 
produced an array of capacity -building  materials. For instance, video recordings were produced that 
examine the relationship between TRIPS and biotechnology, IP and trade economics, t rade in 
knowledge, to name a few. Further, the WIPO -WTO Colloquium journal series, which serves to 
strengthen relationship and dialogue between the academic community and policymakers, this  was 
relaunched in a more accessible online format. We are pleased to let you know  that would  soon 
publish the African Edition of the Colloquium Papers, which features emerging research of particular 
relevance to th at Region.  
In the area of public health, trade and IP, in the framework of trilateral cooperation, the WHO, 
WIPO and WTO launched an updated version of the Executive Distance Learning Course on Access 
to Medical Technologies and Innovation. This self -study distance learning course, designed after 
the 2020 Trilateral Study  on "Promoting Access to Medical Technolo gies and Innovation, is a key 
component of our technical assistance on public health, trade and IP. During the reporting period, 
the Secretariat also published a WTO Staff Research Paper on "Patent -related actions taken in 
WTO Members  in response to the CO VID-19 pandemic ". This Paper provides an overview of the 
patent landscape of medical treatments and technologies related to COVID -19, and  also surveys 
patent -related actions taken by legislators, policymakers, industry sectors and a number of civil 
society organizations.  
As you can find in further detail in the report, the WTO and WIPO Secretariats also launched 
a book on competition policy and IP in today 's global economy, which was established to provide an 
updated platform for technical assistance in this area. And, we have continued to create new and 
refine existing materials, including case studies, questionnaires, video recordings and presentations.  
WTO TA with TRIPS component  
Lastly, just to highlight that the WTO Institute for Training and Technical Cooperation (ITTC) 
organizes many activities that include a significant TRIPS component. During the reporting period, 
the WTO Secretariat continued to pr ovide contents with IP component for these courses.  
Closing  
 My closing remarks are to encourage Members to continue to consult with us on  your priority 
needs for capacity -building . Finally, WTO resources would  continue the analytical work under way. 
We wo uld like to work very closely with Members to ensure that technical assistance, and also the 
empirical foundation of that work, is ever more strengthened at this very critical time for the 
international community and for individual Members .  IP/C/M/103/Add.1  
 
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Cooperation Co uncil for the Arab States of the Gulf  
At the outset, I would like to wish you and all participants to the TRIPS Council a good health 
at all times. The overall objective of the Gulf Cooperation Council (GCC) technical cooperation 
programme s in the field of intellectual property is to contribute to the capacity -building  of officials 
from the GCC member states and to strengthen their knowledge in many IP technical aspects which  
are of high importance for the protection of intellectual property rights and support of invention and 
innovation.  
The GCC technical cooperation is based on its mandate derived from Article (20) of the GCC 
Economic Agreement (2001) which states that "Memb er states should  develop programmes 
encouraging talented individuals and supporting innovation and invention; cooperate in the field of 
intellectual property and develop regulations and procedures ensuring protection of intellectual 
property rights; and co ordinate their relevant policies towards other countries, regional blocs and 
international and regional organizations ".  
Although the COVID -19 outbreak affected most of the works and programmes of the GCC 
Secretariat General, technical cooperation activities continued to be undertaken during recent period 
with the means at hand and limited program mes. As reflected in the GCC Technical Assistance report 
for 2021, technical cooperation activities undertaken by the GCC Secretariat General c overs the 
period from 1 September 2020 to 1 September 2021.  
Technical assistance activities undertaken by the GCC Secretariat General during the said 
period focused on various IP concrete aspects such as enhancing the awareness of the intellectual 
property  rights and its policies in the GCC region, cooperation in examination and IT systems as well 
as supporting innovation and invention, etc. These activities were conducted in the form of 
workshop, on -job training, supporting the participation in conferences  or in international 
IP exhibitions.  
For example,  cooperation with WIPO continues to contribute to the GCC technical assistance 
efforts in various IP areas. In this regard, it may be worth to mention that the GCC Secretariat 
General, on 7 December 2020, w ith the collaboration of WIPO organized a workshop for inventors 
from GCC member states titled "Preliminary Research and Examination in Patent Databases for 
Individual Inventors ". 
The GCC Secretariat General continues to enhance the skills capacity of the examiners from 
the patent office at the GCC -CG and some GCC national offices in cooperation with the Chinese 
Intellectual Property Authorities ( CNIPA ), through On Job Training Program provided 
during  26-29 October 2020.  
Subsequently, the GCC Secretariat G eneral organized a number of public lectures in 
November  2020 intended to raise awareness on the important role of innovation and inventions to 
entrepreneurship, as well as lectures in April 2021 delivered to educate students on patent 
guidelines.  
Interna tionally, the GCC Secretariat General has virtually participated to Seoul International 
Invention fair, and the 5th Korea International Virtual Youth Olympics 2020. The GCC Secretariat 
General ambitiously intended to facilitate the bilateral communications  between inventors from the 
GCC States with those around the world and through those fairs, the GCC Secretariat General hosts 
and supports all inventors from the GCC States.  
World Intellectual Property Organization  
I refer to the document IP/C/R/TC/WIPO/2 , which pr ovides information on the 
World  Intellectual Property Organi zation's (WIPO)  technical cooperation and capacity -building  
activities in the period from September 2020 to August 2021.  It may be seen from the document 
that, despite the constraints imposed by t he COVID -19 pandemic, WIPO has been deeply engaged 
in responding to Member  states ' requirements for technical cooperation.  WIPO 's activities centre  
around three broad areas, that is, policy and legislative advice, IP strategy, and IP Office business 
soluti ons. The overall objectives underpinning these activities include the enhancement of the 
capacity of countries to fulfil their international obligations, and to enable them to effectively use IP/C/M/103/Add.1  
 
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  the IP system to achieve their developmental goals.  In the past year, there has also been an 
increasing focus by WIPO on three areas.  
Firstly, in regard to the COVID -19 pandemic, a comprehensive s et of measures has been 
developed to assist Member  states in addressing the pandemic, as well as laying the foundations for 
post-COVID economic recovery efforts. The pandemic -related technical cooperation activities cover 
a number of areas including policy and legislative assistance, IP dispute resolution, and innovation 
support and technology transfer.  This has been done of co urse in addition to the interaction in the 
framework of the trilateral cooperation with the World Health Organization ( WHO) and World Trade 
Organization ( WTO). 
Secondly, more integrated programmes are being developed to enable countries to use IP to 
strengthen their innovation ecosystems. This includes providing support for researchers, innovators 
and enterprises, including small and medium enterprises ( SMEs ). 
Thirdly, activities have been initiated  to address the persistent gender gap in the use of IP. 
This involves assisting countries in a number of areas, including gathering of gender -disaggregated 
data and developing concrete programmes to increase the use of the IP system by women.  
Finally, I wo uld like to thank the Members and other sister agencies who have acknowledged 
the extensive work done by WIPO in the area of technical cooperation. I would like to assure that 
the World Intellectual Property Organi zation remains committed to providing tech nical cooperation 
and capacity -building  programmes which respond to the needs of Member  countries as they seek to 
fulfil their TRIPS obligations.  
World Health Organization  
The World Health Organizati on (WHO) takes this opportunity to highlight to the WTO Council 
for TRIPS some technical cooperation activities that have taken place since our last report to the 
Council.  The WTO Secretariat went into detail in relation to the trilateral collaboration activities and 
I am not going to repeat. In the framework of the trilateral cooperation, WHO continues to 
strengthen the interagency collaboration with World Trade Organization ( WTO) and World 
Intellectual Property Organization ( WIPO ) and other relevant international organizations to respond 
more effectively to the ever -evolving challenges at the interface of public health, innovation, 
intellectual property and trade. The three Directors -General agreed to enhance and focus their joint 
support in the context of the COVID -19 pandemic , for example , organizing capacity -building  
workshops or updating the COVID -19 insert to provide Member States updated information in 
relation to the pandemic and the different mechanisms to promote global equ itable access to 
COVID -19 health technologies.  
In May 2021, WHO Member States adopted a landmark resolution on strengthening local 
production of medicines and other health technologies, to strengthen global health security, and to 
support progress towards  universal health coverage. The Resolution among other aspects make 
reference to the use of the TRIPS flexibilities to promote equitable access and to explore patent pool 
models and voluntary mechanisms to promote technology transfer, including the WHO COV ID-19 
Technology Access Pool (WHO C -TAP).  
C-TAP is a mechanism for sharing COVID -19 health technologies in a transparent and 
non-exclusive manner through public health -oriented voluntary licensing and technology transfer to 
multiple manufacturers. It aims  to facilitate timely, equitable and affordable access of COVID -19 
vaccines, diagnostics, therapeutics and other medical devices promoting competition and more 
sustainable solutions. C -TAP is engaging in bilateral discussions with several manufacturers and  
concluding some licensing agreements with some technology holders that would  hopefully be 
announced very soon. C -TAP recently conducted an online Member States questionnaire on existing 
and potential additional national and regional incentives to technolo gy holders for them to facilitate 
scale up and access to COVID -19 health technologies through C -TAP.  
Among other initiatives, WHO also recently established a technology transfer hub for mRNA 
vaccines in South Africa where technology holders and manufactur ers were also called to share their 
mRNA vaccine know -how for rapid scale up. WHO Member States are currently discussing a possible IP/C/M/103/Add.1  
 
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  international treaty or other legal instrument to provide the basis for improved international 
cooperation to prepare for, d etect and respond to epidemics and pandemics.  
WHO reaffirms its commitment to support countries, upon their request, through technical 
cooperation activities derived from the Global Strategy and Plan of Action on Public Health, 
Innovation and Intellectual Property (GSPA -PHI). WHO collaborates closely with WTO and other 
relevant international organizations to provide the health perspective during the technical assistance 
on topics related to the interface between public health, innovation, intellectual prope rty and trade, 
including the use to the full of TRIPS flexibilities and the implementation of the Doha Declaration on 
TRIPS and Public Health.  
The COVID -19 pandemic response echoes and reinforces the need for a global collaborative 
effort to holistically tackle the most challenging public health needs. We invite you to read more 
about WHO 's technical cooperation activities in relation to application and management of IP in the 
respective report provided to the TRIPS Council. We would be glad to answer any questions 
delegations may have regarding these activities.  
13  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
14  DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC 
HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC26 
United Kingdom  
With your permission, the United Kingdom would  now address agenda items 13 and 14 
together.  The United Kingdom has engaged constructively and consistently in debate on whether 
waiving IP rights is an effective route to scaling up production of, and improving equitable access 
to, COVID -19 goods. An unp recedented number of TRIPS Councils and small group sessions have 
been held to advance this discussion, where there has been a useful exchange of viewpoints from 
various delegations. We welcome all contributions to the process, including the E uropean Union's 
communication on compulsory licensing , and the positive impact it has had in driving constructive 
engagement. We are encouraged by recent discussions on areas of convergence in small group 
sessions and welcome further conversations that move the Council  towards evidence -based 
pragmatic solutions.  
Chair, you asked at the previous Council for practical next steps on this file. The UK delegation 
considers pragmatic, solution -oriented and evidence -driven conversation as the next step, which 
must guide our di scussions in the run up to MC12. We have made clear throughout this debate that 
the UK is committed to any effective action in this regard. The role of the legal framework provided 
by the TRIPS Agreement during this pandemic cannot be understated; indeed, it has led towards 
rapid innovation, meaningful and collaborative partnerships which have contributed to the 
production and dissemination of vaccines and other health products and technologies, to help 
contain, treat, and prevent COVID -19. 
An undoubtable e nabling factor for vaccine production has been voluntary licensing and 
technology transfer partnerships. This has had a significant impact on the rapid scaling up of vaccine 
production capacity across the globe. We have come a long way since the beginning of 2021. Latest 
data state that monthly COVID -19 vaccine production is estimated at 1.5 billion doses and overall 
production is looking to exceed 12 billion doses by the end of 2021. This is commendable and 
unprecedented. As the World Health Organization  Director -General , 
Dr Tedros  Adhanom  Ghebreyesus said at the Member States Information Session on COVID -19 
on 7 October  2021, "…with global vaccine production now at nearly 1.5 billion doses per month, 
there is sufficient supply to achieve our targets, provi ded that there is equitable distribution of those 
doses ". While the WTO can and should play a vital role to support equitable distribution, bottlenecks 
to equitable distribution lie outside of the IP system.  
 
26 At the C ouncil's meeting on 13 -14 October 2021 , most delegations made a single statement under 
agenda items 13 and 14. Therefore, at the resump tions of the meeting under these items on 18 and 20 
November and on 16 December, items 13 and 14 were taken up together. This document therefore list s 
statements under these items together.  IP/C/M/103/Add.1  
 
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Moreover, partnerships like AstraZeneca with the Serum Institute of India, Pfizer -BioNTech 
and BIOVAC in South Africa, and the establishment of mRNA regional hubs, positively signal what is 
possible thanks to the existing IP framework. Alongside other factors such as early investment into 
manufacturing,  support for procurement and distribution mechanisms such as COVAX, collaborative 
public -private partnerships driven by cooperation and trust can make real -world change. These 
partnerships also place the world in good stead to respond to any future infecti ous disease pandemics 
as we continue to build and develop the necessary infrastructure to effectively respond to the global 
health crisis before us.  
Critical lessons must continue to be learned from our response to the COVID -19 pandemic so 
that the global community can take action to ensure an effective and rapid response to future 
pandemics. In this regard, Members should work collaboratively and endeavour to identify and 
remove obstacles to additional non -exclusive voluntary licensing and technology trans fer 
partnerships being formed.  
Furthermore, WTO Members must look at what makes an effective response, considering the 
wider trade -related factors such as export restrictions, trade facilitation barriers, tariff barriers, and 
regulatory streamlining, as we ll as non -trade-related measures such as the creation of new and 
expansion of existing manufacturing capacities and training of skilled personnel to ensure transfer 
of technology.  
Understanding how the WTO can act in the most productive manner requires the  feedback and 
collaboration of all WTO Members. The UK is currently considering where, as an Organization , we 
can drive forward pragmatic solutions and effective change. We encourage other Members to also 
similarly consider this and, where possible, share their thoughts.  
As we approach MC12 we remain committed to working constructively with all delegations 
under the principles of pragmatism, evidence -based and solution -driven thinking. We stress that IP 
rights have and will continue to play a fundamental role in the response to the COVID -19 pandemic 
and any future crises. At this critical juncture of promising vaccine production and growing creation 
of infrastructure to respond to the pandemic, it is critical that Members maintain the progres s we 
are making to contain, treat, and prevent COVID -19. 
South Africa  
As we have not convened in a regular sitting of the TRIPS Council since Malaysia became a 
co-sponsor, we would like to ta ke this opportunity to thank Malaysia for joining this important 
initiative and sharing its experiences on the utilization of existing  TRIPS flexibilities . I will be 
addressing items 13 and 14 simultaneously.  
Recently, we reached a regrettable milestone, t he passing of a full year since South Africa and 
India first submitted a proposal for a limited and temporary waiver of certain provisions of the 
TRIPS  Agreement.  In that time, millions of people have lost their lives as the official death tolls nears 
5 million. 
Circular, ideological debates about the role of IP are not going to contribute to the ramping up 
and de -concentration of COVID -19 health product manufactur ing. Article 8 of the TRIPS Agreement 
recogni zes that there are instances where intellectual p roperty rights can and should be limited in 
the public interest. In the context of an unprecedented global pandemic, the revised TRIPS Waiver 
Proposal  represents a proportionate, necessary, targeted and appropriate response to the pandemic.  
The COVID -19 pa ndemic is an unprecedented crisis of our time. The WTO membership has an 
opportunity to show solidarity and finally give meaning to the increasingly vacuous sentiment that 
no one is safe until everyone is safe.  History will judge us on our ability to deliver a credible response 
to the COVID -19 pandemic.  As the Chair rightly noted, the world is watching us closely.  A time -bound 
TRIPS waiver is a proportionate and necessary response.  
It was interesting to hear the colleague fr om the United Kingdom citing the Director -General 
of the W orld Health Organization , Dr Tedros Adhanom Ghebreyesus. Indeed, we all recognize his 
expertise and we all know that he has consistently expressed his support for the Waiver Proposal . 
The proposal n ot only is supported by Dr Ghebreyesus of the WHO , but it is supported by over 100 IP/C/M/103/Add.1  
 
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  WTO Members, as well as former Heads of State across the board, Nobel laureates and a large 
spectrum of civil society organizations , which  view this as a proportionate respo nse to the crisis. The 
TRIPS waiver would  not dismantle the current system of innovation incentives. Rather it is a narrow, 
time-limited waiver aimed only at facilitating global production, diversification and access to 
COVID -19-related products.  
We remain  flexible to negotiating a targeted and time -limited waiver, and we are ready to 
work with Members to find a balanced outcome that results in diversification of production, especially 
in Africa , a continent that imports over 99% of its vaccine needs , and achieves the right balance 
that addresses the IP barriers to boost and diversify production and incentivizes research and 
innovation.  
Patents certainly deserve attention as the manufacturing and supply of products such as 
complex biologics are often governed by multiple patents, which may be owned by different entit ies. 
The waiver also includes other aspects , such as undisclosed  information , that also deserve attention 
if we are to unlock production. We need to explore how we can utilize , in a targeted manner, the 
regulatory data to ramp -up and diversify production. We believe that data gathered during the 
regulatory approval process and tacit know -how are also essential to manufacturing and producing 
vaccines.  
South Africa believes that the TRIPS waiver is an integral part to any successful outcome at 
MC12.  We should  move beyond the binary between the TRIPS waiver and the declaration proposal 
submitted by the European  Union. Members should have access to all policy tools to boost and 
diversify production, especially for Africa , a continent  that imports 99% of its vacc ine needs.  It would  
be important to align the facilitator -led process under HE Ambassador  David Walker and the 
TRIPS  Council Chair so that we have a comprehensive package that includes the trade -related and 
IP-related aspects through the waiver.  
For South Africa and the co -sponsors, the call for a TRIPS waiver is not an ideological debate 
but a genuine attempt to find a solution that saves people 's lives. We remain optimistic that if we 
engage in a solution -oriented process, we can find a solution that addresses the interests of all within 
the limited time remaining . We believe that approving the TRIPS waiver for COVID -19-related 
products is the right thing to do, and everyone would  benefit from this, as sustaina ble economic 
recovery is only possible when we can curb the spread of the virus everywhere. That can only be 
achieved when global immunity is reached.  
Since the July General Council, we had small group meetings on 23 and 29 September and 
the TRIPS Council convened on 4 October to adopt the Chair 's oral report.  These sessions have not 
yet yielded progress . Despite agreeing to move into text-based  negotiations on the TRIPS Waiver 
Proposal , some  Members, in practice, have chosen to forego bona fide  text-based  negotiations in 
favour of asking and repeating a number of clarity -seeking questions. This is notwithstanding the 
fact that the vast majority of the said questions had been extensively addressed in various 
documents produced by co -sponsors , including documents IP/C/W/670 ; IP/C/W/672; IP/C/W/673; 
and IP/C/W/674. We also submitted a compilation of our statements in document IP/C/W/684 . We 
hope that delegations  will refer to  these rather than  continuing to ask a number of circular questions . 
The co -sponsors have argued that the TRIPS waiver is a necessary, targeted, time -limited and 
proportionate legal measure directed at addressing intellectual property barriers in a  direct, 
transparent and efficient fashion, which is consistent with the WTO legal framework. Passing this 
waiver allows companies the freedom to operate and to produce covered COVID -19-related  health 
product s and to use health technologies without the fea r of infringing another party 's intellectual 
property  rights. Furthermore, passing a TRIPS waiver acts as an important political, moral and 
economic lever towards encouraging solutions aimed at global equitable access to  COVID -19 health 
products and techno logies , including vaccines, therapeutics and diagnostics, which is in the wider 
interest of the global public. As co -sponsors we remain flexible on the mode of interaction . We need 
to have true text-based  negotiations that would  focus on the scope and dura tion of the waiver in a 
manner that addresses the concerns of all and with greater focus and granularity going forward. The 
outcome must importantly ensure that production of vaccines, diagnostics and therapeutics is 
diversified across the world. This is t he only way to ensure a resilient response to the pandemic.  IP/C/M/103/Add.1  
 
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Regarding documents IP/C/W/680  and IP/C/W/ 681 submitted by the E uropean Union on a 
Draft Gener al Council Declaration on the TRIPS Agreement and Public Health in the Circumstances 
of a Pandemic, the views of our delegation are well-known . To recap, some of our concerns are as 
follow s: 
The EU proposal seeks to provide a clarification at the level of the General Council that 
"A pandemic is 'a national emergency or other circumstances of extreme urgency ' within the 
meaning of Article 31(b) of the TRIPS Agreement. " 
This, however,  was never in question. In addition, the highest decision -making body of the 
WTO clarified in 2001 that for the purposes of Article 31(b), "Each Member has the right to determine 
what constitutes a national emergency or other circumstances of extreme urgency ". 
Our co ncern is that the clarification may create confusion . It could be interpreted to limit 
flexibilities provided to WTO Members under Article s 31 and 31 bis of TRIPS. During a pandemic , 
compulsory licen ces can be issued for the purpose of public non-commercial use as well as to remedy 
anti-competitive practices, in which event there is also no need to obtain authorization from the 
right holder.  
On remuneration, the EU's text can be interpreted to imply that remuneration reflecting the 
generic pric e is only allowed in situations of "addressing the pandemic at affordable prices for 
low- and middle -income  countries " and for "vaccine s or medicine ". This is not the case . Pursuant to 
Article 31(h) of TRIPS  Agreement , the flexibility to determine adequate  remuneration is applicable 
to all WTO  Members in all circumstances , even beyond pandemics.  
Similarly, the clarification proposed in relation to export side notification s is already reflected 
in the text of clause 2(c) in the Annex to Article 31 bis. 
Finally, the EU's proposal deals exclusively with compulsory licensing. It does not address 
other patent barriers,  nor does it address intellectual property concerns in relation to COVID -19 
technologies that go beyond patents , especially protection of undisclosed information, copyright, 
and industrial designs.  
To conclude, the co -sponsors have consistently demonstrated flexibility. Rather than treating 
the proposals as mutually exclusive, we have shown willing ness to engage constructively  with a view 
to finding a solution that would  garner consensus.  We reiterate our wil lingness to do this. We are 
willing to explore every forum to find consensus. We urge all Members to follow this approach and 
engage constructively with all prop osed solutions. Our objectives are not to win a debate but to 
reach outcomes that would  save lives.  
Pakistan  
Pakistan wishes to recall all its previous statements on this issue in previous formal  and 
informal meetings of the Council . We also wish to align ourselves and echo the statements that have 
been or will be made by other co -sponsors on this  agenda  item. The Waiver Proposal  has been under 
discussion for over a year  now. During this time, vaccine inequity has become entrenched. Vaccine 
production remains concentrated in a few countries and creates shortages for those who actually 
need it. As a result, 5 million deaths have be en officially reported. At the same time, 5 billion vaccine 
doses administered, and yet only 11.5% of the people in low middle -income and low-income  
countries combined have been fully vaccinated.  
In its latest projections, the COVAX  facility has revised i ts estimates , falling short of their 
targets for 2021 by 600  million doses. Clearly, vaccine production shortages are real and staring us 
in the face.  The Waiver Proposal  seeks a temporary waiver from some TRIPS obligations and is an 
essential step that ou r Organization can take to ramp up production of vaccines, diagnostics and 
other products in order to save human lives.  
The proposal had seemingly reached a text -based negotiation stage. However, the process 
has not seen any meaningful engagement on the te xt by a few delegations. Their repeated, 
stonewalling questions , which have already been answered orally in formal, informal and small group 
meetings and in various written submissions by the co -sponsors, have yielded a circular discussion.  IP/C/M/103/Add.1  
 
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The c o-sponsors have demonstrated in various submissions what civil society, think tanks, 
academics and experts around us have been saying for a long time. Voluntary licen ces, as a solution , 
remain inadequate, opaque and largely dependent on private companies wit hout any push to address 
critical emergencies in the pandemic. Compulsory licensing flexibilities are not only cumbersome and 
virtually impossible to implement, but also not sufficient given the magnitude of the emergency at 
hand. Interestingly, according to the Nobel laureate Joseph Stiglitz, the waiver is effectively a 
compulsory licen ce, but without the transaction costs associated with its  implementation.  
Pakistan is addressing both agenda items 13 and 14 together. As my colleague from 
South  Africa has  just mentioned, all tools must remain available to developing countries and the 
European Union proposal, the subject of agenda i tem 14, must not form an alternative to the 
Waiver  Proposal . Even the E uropean Union proposal in principle recogni zes that intellectual property 
is a challenge. However, mere clarifications of TRIPS flexibilities will not overcome those challenges. 
In this situation, the temporary TRIPS waiver remains the only meaningful, workable solution within 
the rules of the WTO  Agreement, fo r the scaling up of production of vaccines and other equipment 
in the pandemic.  
Allow me to quote the Director -General of the W orld Health Organization , 
Dr Tedros  Adhanom  Ghebreyesus , from the same statement my worthy colleague from the 
United Kingdom  has referenced : "Science has played its part by delivering powerful, life -saving tools 
faster than for any outbreak in history. But the concentration of those tools in the hands of a few 
countries and companies has led to a global catastrophe, with the rich protected while the poor 
remain exposed to a deadly virus. "  
In the same statement, Dr Ghebrey esus mentions the solution to achieve targets, and I quote 
again : "vaccine producing countries must…enable diversified vaccine production, both geographi cally 
and technologically, including through non -exclusive, and transparent licensing and sharing of 
know -how to allow transfer of technology and scale -up of manufacturing. " And "vaccine 
manufacturers must…commit to share know -how more rapidly, facilitate technology transfer and 
provide transparent non -exclusive voluntary licen ces, to ensure that future vaccine supply is reliable, 
affordable, available, and deployed to every country in volumes and timing that achieves equitable 
access. " 
The inability to do any of those, or to meet any of those conditions, will continue to result in 
the situation we are faced with.  Therefore, the TRIPS waiver must be passed if the WTO wishes to 
provide a meaningful and credible response to the pandemic. No response from the W TO will be a 
disaster. We understand that a separate process is underway on this subject and we are of the view 
that the TRIPS waiver must be passed and made part of any response of the WTO.  
This remains the moment of truth for the WTO. As the UNAIDS Execu tive Director has 
expressed, "we cannot repeat the painful lessons from the early years of the AIDS response, when 
people in wealthier countries got back to health, while millions of people in developing countries 
were left behind. If we continue with busi ness as usual we will fail in delivering fair access to 
COVID -19 treatments for all those in need. Yet fair access is the human right of everyone, no matter 
the colour of their skin, the money in their pocket or the country they live in. " 
All eyes are on us to ensure this human right for everyone and save lives.  
Bangladesh  
With all the co -sponsoring Members, including the LDC Group , Bangladesh attaches high 
importance to this Waiver Proposal  and thanks India and South Africa for leading this submission 
with subsequent revision and responses to the concerns raised by some Members . My delegation 
also thanks you, Chair, for the process you have been facilitating to make progress on this 
time-limite d temporary Waiver Proposal . We have emphasi zed many times before that Members 
should engage in text -based discussion on this submission as soon as possible.  
Now the Waiver Proposal  is one year old. In the meantime, the COVID -19 pandemic continues 
to rava ge our lives and livelihood. It has already done enough damage to developing countries . The 
LDCs are the hardest hit. People are waiting for vaccines. The production of vaccine s cannot meet 
the demand. At least the current system is not functioning well enough to facilitate adequate IP/C/M/103/Add.1  
 
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  production and supply of vaccine s and therapeutic s and their affordable and equitable access all over 
the world.  
Many delegations have already pointed out  vaccine inequality, vaccine nationalism, and export 
restriction s, and that the high-income countries that make up 16% of the world population have 
pre-booked the majority of vaccines until 2025. On the other hand, the majority of the population 
in developi ng countries , and particularly the LDCs , are left with uncertainty as to affordable and 
timely access to vaccine s. Only about 2.5% of low -income countries have received at least one dose.  
We all are aware that the production of vaccine s against COVID -19 is highly concentrated in a 
few countries. Concentrated production leads to monopolistic control of the production, supply and 
pricing of vaccines. This situation contributes to inequitable and unaffordable access. On the other 
hand, the issue is not just a bout one round of vaccination. For equitable access, it has to be timely 
and sustainable over time. As it appears, supply constraints will persist beyond 2021 as teenagers 
and children still need to be vaccinated and multiple booster doses will be required . Therefore, there 
is an urgent need to expand manufacturing globally and to diversify the supply of vaccines, 
therapeutics and other medical products needed in 2021 and beyond. The TRIPS Council 's objective 
on this specific discussion, under this temporary Waiver Proposal , should be to overcome barriers to 
achieve equitable and timely access.  
We welcome any initiative by Members that aims to address the challenges of unhindered and 
adequate suppl y of vaccines, therapeutics, and medical equipment for the treatment of COVID -19. 
Every proposal should be understood on its own merit s. We also believe that our proposals should 
complement each other to do justice to the severity of the public health cris is. Time is of the essence. 
As to the next steps, my delegation supports continuin g informal consultations and, of course , 
text-based discussions. Bangladesh looks forward to engaging constructively with Members and 
expects a favourable consideration of th e Waiver Proposal  as soon as possible.  
Bolivia, Plurinational State of  
Thank you for your report on the progress made in the negotiations. On 15 and 
16 October  2020, exactly one year ago, India and South Africa presented the Waiver Proposal  to 
this Council, as a call for the membership of this Organization to respond with solidarity and in line 
with the crisis unleashed by the COVID -19 pandemic.  During that year,  many delegations, including 
mine, have strongly supported the Waiver Proposal , considering that an effective response to the 
COVID -19 pandemic requires rapid access to affordable medical services, as well as preventative 
vaccines and medicines for the tre atment of patients.  
The pandemic and the shortage of vaccines and medical supplies has resulted in more than 
4 million deaths, about 50,000 deaths per week, according to the latest update by the 
World Health Organization  on 13  October 2021. All these deaths could have been avoided if 
countries, all countries, had the same access to vaccines and medicines, as well as production 
capacity . Unfortunately this is not the case . It is for this reason that we support this proposal and 
believe it is imperative to achieve effective results to address this situation.  
According to the Director -General of the WHO, Dr Tedros Adhanom Ghebreyesus , "56 countries 
who were effectively excluded from the global vaccine marketplace were not able to reach the target 
of vaccin ating 10% of their populations by the end of September. Even more countries are at risk of 
missing the 40% target by the end of 2021 ". We once again request Members to work on areas of 
convergence with a view towards the Ministerial and to show commitment to continuing negotiations 
in all formats that allow inclusive and transparent participation  to achieve consensus . 
Chile  
Our position is well -known among Members . We therefore ask the Secretariat to  reproduce it 
in the report of this meeting. For Chile, it is important that we continue the dialogue with an open 
mind and in the spirit of seeking a consensus solution that effectively improves the equitable 
production and distribution of COVID -19 vaccines worldwide. We are convinced, like other Members, 
that a genuine solution must involve adopting holistic measures at the WTO, including in relation to, 
inter alia , export bans, trade facilitation, regulatory coherence and improvements in customs . This 
is why our country co -sponsors the "Trade and Health Initiative ", which is focused precisely on IP/C/M/103/Add.1  
 
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  addressing the pandemic in a cross -cutting manner. We have also supported the Director -General 's 
process known as the "third way ". We support your sugges tion to keep this  agenda  item open and 
to allow for dialogue in small groups and at the bilateral level to continue. We hope that the 
conversation produces an outcome in view of the short time left until MC12 . We therefore urge 
Members to continue the dial ogue in this area. Our delegation remains committed to working 
constructively and responsibly on this matter.  
The delegation of Chile subsequently provided the following text on its position for inclusion in 
these Minutes:  Chile is committed to the common objective of providing universal and affordable 
access to effective, safe and high -quality vaccines and medicines. We shall therefore continue to 
constructively participate in this discussion with an open mind and in the spirit of seeking a 
consensus solut ion that effectively improves the equitable production and distribution of COVID -19 
vaccines worldwide. We are convinced, like other Members, that a genuine solution must involve 
adopting holistic measures at the WTO, including in relation to, inter alia , export bans, trade 
facilitation, regulatory coherence and improvements in customs. This is why our country co -sponsors 
the Trade and Health Initiative, which is focused on addressing the pandemic in a cross -cutting 
manner. We have also supported the Direct or-General's process known as the "third way". Against 
this backdrop, Chile remains convinced that intellectual property is not an end in itself, but rather a 
tool for development. Intellectual property systems must therefore strike the right balance that 
serves the interests of creators and innovators by incentivizing research and development, while 
also protecting the interests of society as a whole. For this reason, we reaffirm that the TRIPS 
Agreement can and should be interpreted and implemented in a m anner supportive of the rights of 
WTO Members to protect public health and, in particular, to promote access to medicines for all. We 
consider that we should, as a matter of urgency and without ruling out a priori  any possible solution, 
explore and discuss  all necessary avenues for effectively improving the equitable production and 
distribution of COVID -19 vaccines worldwide. I would like to conclude by indicating that we must 
ensure in this exercise that the consensus solution genuinely fulfils the above -mentioned objective, 
avoids any counter -productive effects on vaccine production and limits the creation of false 
expectations for citizens.  
Cuba  
My delegation addresses agenda items 13 and 14 jointly. A crisis of severe global impact has 
been caused by COVID -19. Its impact has spilled over from the health sector to affect all areas of 
life. At this crucial moment for humanity, it is essential that we find a way to respond in an integral 
way to all aspects of the problem associated with mass vaccination in developing countries. For 
example, it is crucial that we eliminate current prohibitions on exports of vaccines, medical inputs 
and other elements necessary for the production of vaccines, which often are only produced by 
companies located in developed countries. We must immediately eliminate unilateral coercive 
measures imposed against developing countries, which further complicate the production, a ccess 
and distribution of vaccines, such as those imposed, even in this context, by the United States in 
this context against my country.  
It is an undisputable truth that the vast majority of developing countries does not have any 
vaccine production capac ity and that, even if patents were facilitated, they lack the technological, 
financial and human resources to create that capacity. We therefore need firm and clear 
commitments from developed country Members to build capacity, ensure financing and technolo gy 
transfer to developing countries. Not less important are the networks of health infrastructure 
distributed across territories, with storage and transport capacity, as well as enough health personnel 
to undertake mass vaccination campaigns in the shortes t time possible, all of which is lacking in the 
majority of developing countries. Therefore, we need to work to create, strengthen, or expand them 
as required.  
Given the impact of these issues and their eventual scope in time, we need more in -depth 
analysi s. We cannot overlook any aspect. We must ensure comprehensive analysis to provide an 
integral solution to the problem of universal, equitable, non -discriminatory, affordable access to 
vaccines, equipment and other inputs to combat COVID -19. We must work t o build consensus 
corresponding to the practice of our Organization and the binding nature of its agreements.  
We reiterate the need to work in order to achieve the prompt universal immunization against 
COVID -19, as well as ensuring the prompt, equitable, i n solidarity and affordable distribution of 
vaccines and other inputs and equipment to combat COVID -19. In this effort, Cuba will continue to IP/C/M/103/Add.1  
 
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  provide international support via bilateral agreements, South -South cooperation, triangular 
cooperation, or throug h any international organization.  
Nigeria  
We commend the delegations of India and South Africa for their leadership  in this process . We 
also thank all Members  for their constructive engagement in these discussions.  Aligning with the 
interventions of many of the co -sponsors, my delegation would like to underscore the importance of 
WTO Members work ing together to ensure that intellectual property rights such as patents, industrial 
designs, copyright and trade secrets do not create barriers to scaling  up research, development, 
manufacturing and supply of materials essential to combat COVID -19, while preserving the 
intellectual property rights of Members . 
Since the inception of this proposal by South Af rica and India, the proposal has gained a lot of 
traction , given its importance to access ing COVID -19 vaccines and equipment. Up to  60 WTO 
Members  are now co-sponsors, with many more WTO Members  and external groups and sectors 
openly voicing their support of the waiver. This shows the critical importance and the urgency of 
entering into text-based  negotiations on the various aspects of the proposal.  
With regards to the flexibilities provided unde r the TRIPS Agreement, of which we note other 
proposals in this regard, we believe that the TRIPS flexibilities contained in Articles 31 and 31 bis 
were not designed to address a global pandemic of this level. For instance, a voluntary licensing 
system is n ot transparent, and often times contain s stringent clauses that do not contribute to our 
global commitment of ensuring that vaccines and COVID -19-related tools are readily accessible in a 
timely and cost -efficient manner. Also, in a voluntary licensing sys tem, the licen ce is often times at 
the mercy of the IP owner. In order to attain a landing zone on this waiver, we believe it is now time 
to move to text-based  discussions to consider the merits of this proposal.  
Finally Chair, we wish to thank you for th e exceptional manner in which you have led the 
discussions on this Waiver Proposal , and we urge all Members  to move to a text-based  discussion 
on this proposal in order to find pragmatic solutions that would  ensure access and equitable 
distribution of vaccines to Members.  
Venezuela, Bolivarian Republic of  
We appreciate your efforts , Chair,  and regret that, in over a year, little progress has been 
made on the Waiver Proposal . The reality is that we are still in a situation in which little progress 
has been made to ensure that the developing and least  developed countries meet the initial target 
of vaccinating 20% of their populations. While there have been initiatives to donate vaccines, this is 
a short -term solution. It is hard to believe that, at this point, we are still at an early stage of trying 
to reach an agreement, without progress or flexibility of positions that would allow us to save lives.  
According to GAVI, the Vaccine Alliance, only 13 vaccines are available to the population. As 
of 10 October, more than six billion (6,364,021,792) doses of vaccine s have been administered, 
which is insufficient to protect human health due to the pandemic. We therefore urge the removal 
of intellectual property barriers and to not allow patents to be granted for vaccine production, saving 
lives and saving all o f humanity.  
We consider it important to take into account the words of the Director -General of the 
World Health Organization , who noted that "there remains a shocking imbalance in the global 
distribution of vaccines ", resulting in a pandemic that is progressing along two distinct lines: those 
with vaccines are opening up and those without are closing. A firm commitment from developed 
countr y Member s to ensure the necessary transfer of technologies, to ensure adequate distribution 
networks and thus uni versal access to vaccines is therefore essential. The intellectual property 
system has a key role to play in fostering innovation of new life -saving tools.  
We support the statements made by the delegation of Cuba and other delegations, which 
support the ca ll for a waiver in the fight against COVID -19. The waiver is the collaborative framework 
for the universal emergency during the pandemic. We support patent release initiatives to reduce 
costs and ensure universal and timely access to vaccines for all count ries, because no one can be 
safe in this world until we all are.  IP/C/M/103/Add.1  
 
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Egypt  
I am intervening under both agenda items 13 and 14.  Chair, we commend you for steering 
the discussions on the TRIPS  Waiver Prop osal. We would like to refer to our statements in the 
previous TRIPS  Council  formal and informal meetings . We also align ourselves with the statements 
made by other co -sponsors of the Waiver Proposal . 
Taking into consideration the severity of the current global health crisis and the low rates of 
vaccination in low-income  countries , especially in Africa , we believe that the TRIPS waiver should be 
an integral part of the WTO response to the pandemic. In t he meantime,  we remain ready to explore 
any other ideas or initiatives to complement this proposal. We call on all Members  to continue to 
engage constructively in a solution -oriented mode that would  enable us at the end to ramp up the 
production of vaccine s and address the vaccine inequity.   
Indonesia  
Thank you, Chair, for your summary on our activity on this agenda item.  Our position aligns 
with what ha s been said or will be conveyed by our fellow co -sponsors. COVID -19 is without a doubt 
the greatest and most immediate challenge to the world today. While parts of the world are making 
good progress and on their way to recovery, most low - and middle -income countries are stil l 
struggling in the ir efforts to combat the pandemic.  
A year and a half into the pandemic, close to 5 million people have died. 66 % of people in 
high-income countries have so far received at least one shot of a COVID -19 vaccine, compared to 
2% of people in low -income countries. Noting what other co -sponsors have said, as well as our own 
statements in the past, Indonesia 's position is well-known . Indonesia is of the view that the TRIPS 
waiver is necessary to overcome the problems arising from the hi ghly concentrated production and 
distribution of the vaccines.  
On the way forward, with less than two months left before MC12, we need to speed up our 
work and show good faith in resolving this issue. Our delegation cannot stress enough the urgency 
of deli vering an outcome on this issue at MC12, as failure to do so would  not only reflect badly on 
Members  but also put into question the relevance and credibility of this Organization.  
We must heed the calls, including those from the Director -General of the 
World Health  Organization and most of the world 's leaders, that the TRIPS waiver is needed as part 
of the solution to combat the pandemic.  As such, we should move beyond conceptual discussions 
and move towards a real text -based negotiation of the TRIPS Waiver  Proposal . Rest assured that 
Indonesia remains fully committed to engage constructively for a meaningful outcome at MC12.  
Saudi Arabia, Kingdom of  
We take this opportunity to than k you , Chair, for your efforts to reach a consensual solution 
to this very important issue. We also thank all Members for their engagement in the revised waiver 
request and the proposal for a draft General Council declaration. Although this matter has been  
under deliberation since 2 October 2020, Members have  not been able to reach a solution . As a 
result, the TRIPS Council has  not yet completed its consideration of this critical issue.  
We all have a collective responsibility to ensure equitable access to vaccines and other 
essential supplies across the globe at affordable prices. Given the limited time before MC12, the 
Kingdom of Saudi Arabia urges all Members to show the necessary fixab ility in order to reach a 
practical solution  as soon as possible.  
India  
Since the past year that we  have engaged in debating the TRIPS waiver, sadly over 4  million 
more lives have succumbed to the v irus. Over the past year we have had extensive discussions and 
consultations in various formats and on several occasions on the Waiver Proposal . It is disappointing 
that we still have a few Members that choose to be unconvinced regarding the content and intent of 
the waiver. Co -sponsors have engaged constructively with all Member s to respond to questions, 
provide clarifications and allay concerns and have recently submitted a document consolidating the IP/C/M/103/Add.1  
 
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  responses contained in the document IP/C/W/684 . I would request and encourage Member s to 
peruse the document . It contains all statements made by the co -sponsors on issues like the scope 
of intellectual property  and products, duration, and implementation of the w aiver etc., discussed 
during the small group meetings held in June and July.  
The d iscussions that we have had in the past few months under the pretext of a text-based 
process have regrettably stalled any constructive engagement on the waiver text : a wilful neglect 
on our part of our duty and respons ibility to deliver a response that could assist in saving lives. The  
time to act  is now , and the co -sponsors once again call upon the few Members who have refused to 
engage in the text -based negotiation of the waiver to approach this with more pragmatism a nd with 
a spirit of compromise  and solidarity . 
A majority of the membership views the proposed waiver as a much -needed if not sufficient 
response to overcome the current challenges . It would  enable the temporary suspension of the 
relevant TRIPS rules, prov iding manufacturers around the world the freedom to operate and scale 
up production of vaccines leading to better accessibility and affordability. It is, thus, a necessary 
ingredient of a multi -pronged approach to combat the pandemic. It is a crucial eleme nt of the WTO 's 
response being deliberated upon to be delivered at MC12.  
The recent UNCTAD Trade and Development report has found that developing countries , 
excluding a few , would , by 2025, be as much as USD 8 trillion poorer because of the COVID -19 
crisis, and the burden of delayed vaccination , estimated at USD 2.3 trillion in terms of lost income , 
would  be borne mostly by developing countries. The cost of inaction is not just these trillion s of 
dollars lost but most importantly the loss of precious lives. We must be seen as an organization 
willing  to deliver on unprecedented issues, during unprecedented times. Therefore, now is the time 
for the WTO to prioritize saving human lives and livelihoods over all oth er priorities. Suffice it to say 
that restoring the credibility of this Organization  cannot be achieved without delivering on the 
solutions to combat the pandemic globally . The Waiver Proposal  is part of the solution that would  
enable us to save lives.  
European Union  
Since the proposal for a waiver from certain provisions of the TRIPS Agreement for the 
prevention, containment and treatment of COVID -19 and the Draft General Council Declaration on 
the TRIPS Agreement and Public Health in the circumstances of a Pandemic are in our m eetings, 
whether informal or small groups, discussed side by side, the European Union would like to deliver  
this time a single statement covering both  agenda  items 13 and 14.  
The EU is strongly committed to achieving our common goal: to continue ramping up  
production, to share COVID -19 vaccines and medicines more widely and faster, and to ensure 
equitable access to these products for low – and middle -income countries.  
Intellectual property -related issues are a part of the trade response to the pandemic. The 
intellectual property system has played the key role in the development of COVID -19 vaccines and 
medicines and can play an enabling role in deploying existing capacity or creating new capacity for 
the production of COVID -19 vaccines and medicines. The EU b elieves that it is possible to enhance 
this role of the IP system while at the same time maintaining the protection required for incentivi zing 
technology transfer and investment in innovation, so that we can fight against new strains of 
COVID -19 and any fu ture diseases. It is to this end that the EU has put forward a proposal on the 
clarification and facilitation of the use of the Special Compulsory Licensing System . 
The European Union appreciated the possibility provided by the informal meetings of the 
TRIPS Council and small group meetings to discuss the issues of scope and implementation of the 
revised Waiver Proposal  and the EU proposal.  The discussions have been helpful to understand the 
positions of various delegations and to identify important points of convergence. The results are 
encouraging.  The EU proposal is meant to clear any doubts that persist about the use of the System 
and to indicate ways in which the System can be used in a fast and simple manner that is fully 
adapted to the challenges of t he pandemic and to the need to support the local production o f the 
needed vaccines, medicines and diagnostics.  IP/C/M/103/Add.1  
 
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We encourage all WTO Members to try to find agreement on the basis of the points of 
convergence identified in our discussions. We need a solution  that is pragmatic, targeted and 
effective in responding to the current needs while keeping intact the necessary incentives for 
innovation. It is through the targeted approach that we believe we can advance in our discussions 
on the intellectual property e lement of the WTO response to the COVID -19 crisis and also pave the 
way for advancing on the other parts of the needed comprehensive approach.  We are committed to 
continue constructively engaging in the discussions in the TRIPS Council, in the small group 
consultations and in the bilateral exchanges. In addition, we are ready to consider any other proposal 
that may contribute to our common goals.  
Finally, we would like to emphasise that the intellectual property aspects are only a part of the 
multi-pronged approach proposed by the EU. We call on all Members to engage in discussions on all 
elements of this approach as only this way we will be able to adequately respond to the current 
crisis.   
Korea, Republic of  
We would like to address agenda items 13 and 14 together. At the outset, we would like to 
express our appreciation for the co -sponsors and the E uropean Union for their proposal s and for 
leading the international community 's discussion on our response to the pandemic. We would also 
like to thank the chair for leading this difficult process.  
It has been our consistent position that the protection of  the intellectual property  system is an 
important principle and should be res pected as such . But to deal with the grave health crisis that we 
are facing, we should constructively engage in WTO discussions to ultimately contribute to the 
ramping up of COVID -19 vaccine production and their equal distribution . In this regard, we are o f 
the view that along with the IP -related measures, a holistic approach should be taken, such as 
encouraging technology transfer, facilitating the supply of raw materials and strengthening COVAX 's 
operation.  
Regarding the EU 's proposal, our delegation appr eciates the EU for its efforts to facilitate the 
use of existing flexibilities of the TRIPS Agreement . We hope that based on the EU 's proposal, we 
can examine identified obstacles in utilizing compulsory licensing in Articles 31 and 31 bis of the 
TRIPS Agreement and find a way to effectively enhance the WTO 's role to promote public health .  
To conclude, as a next step, Members  should continue the discussion in a constructive way, 
and contribute to overcoming the pandemic by producing outcom es in the area of trade and health 
at MC12.  
Singapore  
Singapore would like to express its appreciation for the Chair 's adroit efforts in steering the 
discussions at the TRIPS Council. I will address agenda items 13 and 14 together.  
The discussions that have taken place over the last two weeks on both the TRIPS Waiver 
Proposal  and the E uropean Union's proposal have provided  Members with a better understanding of 
both proposals. It was also encouraging to see Members making the effort to find areas of 
convergence between the m. For instance, at the General Council last week, some Members signalled 
openness to consider ing all the proposals on the table and indicated that Members should have 
access to all policy tools to boost and diversify production of vaccines while protecting intellectual 
property  and innovation.  
This is a step in the right direction. It is important th at at an appropriate juncture, we should 
try to synergise our discussions at the TRIPS Council with  HE Ambassador David Walker 's 
facilitator -led process. We believe that we will be able to make more progress if Members continue 
to engage constructively , whether in bilateral or small group configurations. It would also be helpful 
if the proponents of both proposals could provide the wider membership with updates on their 
consultations , to find areas of convergence . The time left to MC12 is running short, and  we will all 
need time to consult with our capitals. As Singapore has mentioned before, the scal e-up of vaccine 
production and distribution is a complex endeavour which will require a holistic approach beyond IP/C/M/103/Add.1  
 
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  just IP. We therefore urge Members to be willing to exercise flexibility in order to find an acceptable 
middle  ground.  
Singapore remains committed to working with all Members towards an outcome on the 
proposals which we hope will gain consensus.  
Turkey  
We are presenting agenda items 13 and 14 together. We appreciate the opportunity to provide 
our views and value the Chair 's leadership throughout this process along with formal and informal 
TRIPS  Council meetings. Since the first official case was recorded almost two years ago, the 
COVID -19 pandemic has not only drastically affected millions of lives globally but  the livelihood of 
millions, having disrupted economic activities throughout the world.  Today, many of the world 's 
economies are still struggling with continuing effects of the spread of the virus, again both on social 
and economic grounds.  
Despite our endeavours , made in good faith and with an understanding that such a global 
crisis could and should only be responded to through concerted multilateral efforts, we are still yet 
to frame the best possible response that the multilateral trading system could deliver for the 
COVID -19 crisis. Indeed, we have wasted a lot of time from the declarati on of the outbreak.  
At this juncture, where we are fast approaching MC 12, Turkey believes that our priority should 
be to acknowledge that the multilateral trading system represented by the WTO has a key role to 
play in overcoming the specific challenges o f the COVID -19 pandemic, including those stem ming 
from the inequitable and unfair access to vaccines and medicines. As the most comprehensive 
multilateral agreement on intellectual property, the WTO TRIPS  Agreement should be part of the 
global effort and the WTO's response to the COVID -19 pandemic.  
In order to ensure it, Turkey believes that the WTO members hip should focus immediately on 
possible convergence among the two main proposals on the table . Unfortunately this is not within 
sight at this stage, as accurately reflected through the Chair 's report to the General Council. Despite 
the fact that the motivations of these two proposals are different in the possible ways to be followed 
to address the challe nges of the COVID -19 pandemic, the proponents of these two main proposals, 
namely the Waiver Proposal  and the E uropean Union proposal, seem to agree on the fact that what 
we have been living through is not only a health crisis that effects the health sector , but also has 
economic and social consequences, which make proper functioning of supply chains for safe, 
equitable and affordable access to vaccines, tests, treatments and other therapeutics crucial and 
urgent.  
Indeed, my delegation is of the view that the urgency of the matter at hand should be t reated  
not only as an utmost priority but also as an accelerator to engage actively in text -based negotiations 
that would  reflect the most possible convergence to represent part of the WTO's response to the 
COVID -19 pandemic. Thus, text -based discussions should  immediately start to define a landing zone 
as we approach MC 12. Turkey attaches great importance to global solidarity and collaboration 
amongst Members  to fight against the disease and, in this regard , we should move forward to find 
a common ground in a timely manner to respond to the COVID -19 pandemic.  
Turkey is ready to engage in all efforts towards this end in the run up to MC 12. We also would 
like to note our readiness to constructively assess all  other possible initiatives/proposals that may 
come from Members  of the WTO.  
Japan  
We appreciate the efforts made by the Chair and the WTO Secretariat to convene this 
TRIPS  Council meeting. I will address agenda items 13 and 14 together.  
Japan promotes international cooperation to achieve universal health coverage (UHC) in the 
global fight against COVID -19 and Japan has contributed financial assistance of approximately 
USD 3.9 billion so far. Japan supports promoting vaccine supply through the COVAX Facility. Japan 
has pledged to contribute a total of USD 1 billion to the COVAX Facility and has provided 
approximately 25 million doses of vaccines. Furthermore, at the Seventy -Sixth Session of the IP/C/M/103/Add.1  
 
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  United  Nations General Assembly and the Global COVID -19 Summit, Japan announced that, with 
additional contributions, Japan will provide up to approximately 60 million doses of vaccine s in total.  
Japan will continue to discuss constructi vely various issues and measures with Members to 
ensure equitable access to safe, effective, and quality -assured vaccines in all countries and regions 
toward the early convergence of COVID -19. Discussions about issues related to vaccine supply and 
intellec tual property rights  require comprehensive deliberations from various perspectives, such as 
safety, effectiveness, quality  assurance, scarcit y of raw materials, and procurement of materials. 
Members share the common goal of providing timely and secure acce ss to high -quality, safe, 
efficacious, and affordable vaccines and medicines for all, as reported to the General Council. Any 
ideas and proposals should be considered as long as they are effective in achieving these goals. 
Japan is ready to constructively discuss various issues and measures with Members towards the se 
goals until all Members reach consensus.  
From this viewpoint, we appreciate the proposal from the European Union as well, which aims 
at improving the legal clarity of the compulsory licen sing system. The delegation of Japan would like 
to continue to discuss this proposal with WTO Members.  Japan will continue to exchange views on 
any proposals closely with WTO Members . At the same time, Japan remains committed to tackling 
various problems cause d by COVID -19, together with the international community.  
China  
We would like to address agenda items 13 and 14 together and thank the Chair for organizing 
the small  group consultations and informa l meetings after the summer recess to move forward the 
discussions on the Waiver Proposal . We would  also like to thank the co -sponsors for the ir latest 
communication , IP/C/W/684 , which further analyses  and clarifies matters of relevance. Right now, 
we are still facing inadequate production and inequitable distribution of vaccines, and 
pandemic -related challenges are severe for developing and LDC  Members . A year after India  and 
South  Africa put forward t he proposal, the international community is counting on the WTO to play 
a more constructive role in the pandemic response. With MC12 coming  soon, China is willing  to 
continue to actively participate in subsequent consultations . We hope, through Members ' joint 
efforts, that a balanced and effective solution c an finally be reached.  
Regarding the European Union 's proposal, w e welcome suggestions for ways to expand vaccine 
production and promot e its accessibility and affordability. China is willing  to continue to engage in 
relevant discussions and explore specific plans for fully utilizing and further improving the flexibilities 
accorded by the TRIPS Agreement.  
Switzerland  
My delegation will address agenda items 13 and 14 together in our statement. My delegation 
would like to first thank you, Chair, for your interim report to the General Council last week 
concerning the status of our work. The informal consultation meetings have been helpful and 
instructive to deepen our understanding of the proposals we have in front of us. One year after the 
submission of the Waiver Proposal , it is important to take a close look at the developments on the 
ground and the state of play of our  collective fight against the pandemic. This is a prerequisite for 
the Council to be in a position to do meaningful work and take well -informed decisions on possible 
measures to help us reach our shared objective: ensuring global, equitable and timely acce ss to 
vaccines and medicines against COVID -19.  
The recent statement by the Director -General of the W orld Health Organization , 
Dr Tedros  Adhanom Ghebreyesus , has been cited by other delegations . But the information is key 
in our context . With 7 bi llion doses produced so far and with global vaccine production now at nearly 
1.5 billion doses per month, there are sufficient vaccines from a supply perspective to achieve the 
global vaccination targets . The true challenge we need to address is the equitable distr ibution of 
those doses . But this is not a matter of intellectual property right s nor could it be solved by 
suspending them. The special advisor of the WHO DG recently informed that 40% of people were 
already fully vaccinated in most countries in the Americas, Asia and Europe, while the Western Pacific 
was close to that. A survey in one of the recen t editions of The Economist concluded that good 
progress has been  made in most regions of the world as concerns vaccination rates. The exception, IP/C/M/103/Add.1  
 
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  however, is sub -Saharan Africa, where serious problems of vaccine supply and rollout of vaccines 
persist in ma ny countries.  
The COVAX Global Vaccine Facility was established in April 2020 to ensure equitable access to 
COVID -19 vaccines for low- and middle -income countries . It is also supposed to be a key source of 
vaccine doses for African countries. A number of factors have prevented the COVAX Facility so far 
from meeting this expectation. Export restrictions in COVAX partner countries in relation to 
COVID -19 vaccines, therapeutics or ancillaries for vaccination were a key factor for this. We 
therefore welcome th e announcement of India that it will resume exports of COVID -19 vaccines this 
month. COVAX has entered delivery contracts with the Serum Institute of India for hundreds of 
millions of COVID -19 vaccine doses, produced under licen ce from Astra Zeneca, that h ave been 
earmarked also for Africa since last spring.  
Dose-sharing to COVAX from as many countries as possible should also make an important 
contribution, so that COVAX and the international community can fulfil their promises vis-à-vis 
Africa. There are lessons to be learned for future pandemics. The WTO has  an important role to 
promote equitable access, by facilitating trade, ensuring regulatory coherence, fostering the 
resilience of essential medical goods supply chains, avoiding export restrictions and dismantling 
prohibitive tariffs. Reference is made in this context to the "Walker process ", and also to the "Trade 
and Health Initiative " launched by the Ottawa Group, putting forward pragmatic proposals that could 
make their way into a multilateral outcome at MC12.  
Reliable facts and figures are key for our discussion to be meaningful, like the ones we have 
learned about in today 's presen tation by the WTO Secretariat. We thank the WTO Secretariat also 
for publishing on 8 October 2021  two important papers with highly relevant information: one on 
tariffs on vaccines inputs, indicating that tariffs on critical products to manufacture vaccines  remain 
high, especially in some developing countries ; the other one being an update on bottlenecks in 
critical COVID -19 products to combat the pandemic. The 11 -page paper does not mention IPRs in 
its list o f trade -related bottlenecks.  
We need to match our  answer to the problem we wish to solve. The most pressing problem is 
how to ensure equitable access to the vaccines produced and available. But this is not a TRIPS or 
an IP question. Accordingly, suspending the TRIPS Agreement is not the answer. Over the last 
12 months, we have seen much evidence that demonstrates that TRIPS and the international IP 
system are working as enablers and are not a barrier in this pandemic. I refer to the more than 320 
COVID -19 vaccine manufacturing partnerships that have been established since the outbreak of the 
pandemic. Global monthly manufacturing capacity, starting from zero less than a year ago, stands 
now at 1.5 bi llion doses per month , and is growing.  
In the field of new and effective therapeutics against COVID -19, we are still mainly in the 
stage of research and development. One recent breakthrough was announced recently with a product 
called "molnupiravir ". To respond to the urgent and potentially vast demand for an effective 
COVID -19 therapeutic  in this pandemic , its US developer has entered into voluntary licensing 
agreements with eight Indian bio -generic companies, even before the positive trial results were 
officially confirmed or approved.  
Concerning the mid -term goal to foster regional production capacity of vac cines in developing 
countries, we note important developments and progress over the past few months. Last spring, the 
COVID -19 vaccine developer Johnson & Johnson announced a manufacturing partnership with 
South  Africa 's Aspen Pharmacare. In July, Pfizer, another mRNA vaccine developer , announced a 
partnership with South Africa 's Biovac , and in September, Moderna announced an investment in an 
mRNA vaccine facility in Africa for the production of up to 500 million doses a year. With that, all 
emergen cy use list ed approved mRNA COVID -19 vaccine developers have now made commitments 
to manufacturing in Africa. For all these developments, TRIPS and IP have worked as enablers. We 
must make sure that we are not undermining the basis of this progress.  
Let m e now turn to the proposals that the TRIPS Council is examining to con sider whether 
they could contribute to reaching our shared objective of ensuring global, equitable and timely access 
to vaccines and medicines against COVID -19. In our recent work done i n the informal consultation 
format on the Waiver Proposal , Members posed many questions about its implementation in order 
to better understand whether such a waiver would be an effective measure for the WTO to take. Its IP/C/M/103/Add.1  
 
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  proponents in one of their communica tions say the following:  "The proposal for a waiver on certain 
IP provisions offers an expedited, open and automatic global solution that allows for uninterrupted 
collaboration in development and scale up of production and supply and that collectively addr esses 
the global challenge facing all countries. "  
Notwithstanding the intense work we have undertaken so far, my delegation grapples with 
understanding how a TRIPS waiver could be an effective or expeditious measure to help us fight this 
pandemic. How cou ld a TRIPS waiver be global, considering that each of the 164 WTO Members 
would decide individually whether or not, and if yes, to what extent, it would make use of and thus 
implement the proposed waiver ? How could it be automatic, considering that each WT O Member 
intending to make use of the waiver would first have to go through national implementation to 
suspend or abrogate respective national IP laws and regulations , with different national procedures 
and timelines applicable in each Member ?  
LDCs except ed, of course, for whom a waiver would not change anything in their situation 
under the TRIPS Agreement at all , due to the applicable transitional periods. But for the remainder 
of the WTO membership, an untransparent  and disparate regulatory environment r isks to be the 
result at the global level, and this for years to come. How could such an environment of legal 
uncertainty allow for uninterrupted collaboration among the more than 3 00 international 
partnerships currently engaged in the development, product ion and delivery of COVID -19 vaccines 
and therapeutics?   
Finally, how could such a waiver have an immediate impact? In one of our earlier statements, 
my delegation made reference to one of the new mRNA COVID -19 vaccines containing 280 
ingredients that the developer is sourcing from 19 countries across the world. In spite of its 
well-established network of partners, it took this vaccine developer almost a year, after the 
development of the vaccine, to build up the necessary supply chains  and get a safe and approved 
mass production process going. Without the cooperation and the voluntary sharing of technology 
and know -how from the vaccine developer, a biogenerics producer located in one WTO Member 
wishing to develop and manufacture a copy of this vaccine under a TRIPS waiver would take even 
longer to reach that stage.  
We welcomed the most recent informal consultation, where Members examined the 
requirements for the use of compulsory licences  contained in Articles 31 and 31 bis of the 
TRIPS  Agreement. In this respect, in its communication IP/C/W/681 , the E uropean Union proposes 
confirmations and clarifications for the use of these flexibilities in a pandemic.  
In our statement today, we have referred to facts and figures which demonstrate that TRIPS 
and the international IP syst em have been part of the solution in view of reaching global access. 
This said, we agree that every system, including the international IP system, needs to dispose of 
remedies if, in a specific case, an emergency or other situation requires an exception fr om the rule. 
My delegation therefore fully acknowledges that Members may use compulsory licen ces as a TRIPS 
flexibility. A key rational for having this policy tool in international law and implemented at the 
national level is to induce stakeholders to come  to voluntary agreements.  
Some Members have indicated that they have difficulties in implementing these TRIPS 
provisions or in making use of this policy tool  effectively . In order to address these concerns and 
difficulties, we see merit in providing, wher e needed, additional clarity on, and where possible, 
facilitating the use of these TRIPS provisions in the circumstances of a pandemic. This would assist 
Members in implementing these flexibilities at the national level in a more effective manner and, if 
required, in making efficient use of them. Switzerland is ready to continue constructively the 
Council 's work on the proposals before us and identify points of convergence with a view to reaching 
a mutually acceptable outcome. Finally, my delegation asks th e Secretariat to add our delegation 's 
statement from the informal Council meeting of 14 September to the minutes of today 's formal 
meeting.  
Switzerland 's statement from informal meeting of 14 September 2021  
A number of delegations have recall ed that the global COVID -19 pandemic has caused millions 
of death s and devastating social and economic harm. We agree. While the world still face s immense 
challenges in fighting the pandemic, we should , however,  also look at the progress that has been 
made . Had it not  been for the innovators, the researchers and developers who rushed to find an IP/C/M/103/Add.1  
 
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  effective antidote against the deadly virus, we would see millions more victims and would be still 
today helpless against this virus. Without the tested and trusted internationa l IP regime and WTO 
TRIPS  Agreement, these innovators, investors, researchers and developers would not have been 
prepared, ready on the starting blocks, to start the race for finding an effective vaccine against the 
new coronavirus.  
We concur with other de legations. As we resume the Council 's discussion, it is worthwhile to 
look back to where we come from, where we stand today and to look ahead at what scientist s and 
analytics have to say on supply and access to COVID -19 vaccines and medicines.  
The WHO dec lared this coronavirus a pandemic in March 2020. At this time, not a single 
vaccine or therapeutic against the new virus was at disposal. Scientists, researchers and developers 
came up with the first effective vaccines in a record time of less than nine months, their safety and 
efficacy tested for marketing approval early this year. Since then, we have seen a massive growth 
in the global manufacturing capacity of COVID -19 vaccines.  
According to Airfinity, a science information and analytics company,  by September  2021 
7.5 billion doses of COVID -19 vaccine s had been produced. Production capacity has increased from 
0 to 1.5 billion doses per month. 12 billion vaccine doses will thus be produced by the end of this 
year and more than 20 billion doses by m id-2022, with a vaccine surplus expected in the course of 
2022.  
More than 320 manufacturing partnerships work currently around the globe on this scaling up 
of production. Recent examples of such manufacturing partnerships are : 
a. Pfizer and Bio NTech with Eur ofarma Laboratorios in Brazil ; 
b. Johnson & Johnson with Aspen Pharmacare in South Africa ; 
c. Pfizer and Bio NTech with Biovac, in South Africa ;  
d. Novavax with the Serum Institute of India ; and  
e. The Russian Research Institute of Epidemiology and Microbiology with t he Indian 
pharmaceutical company Panacea Biotec .  
The developments we have seen over the last nine months show that manufacturing networks 
are being developed, technology and know -how transfer is taking place, and production is effectively 
scaling up. IP  rights, the international IP framework and the TRIPS Agreement have worked as 
facilitators and enablers for these achievements.  
Waiving large parts of the TRIPS Agreement would therefore be counterproductive. It would 
disrupt the technology and know -how transfer now happening in the international collaborations and 
manufacturing partnerships like the ones I just referred to. Also, it would send a negative signal to 
innovative vaccine and therapeutic researchers and developers, and risks to discourage them  in 
continuing their research to respond swiftly to mutations and variants of the virus, and develop 
solutions for the next public health emergency.  
Having said this, access to these manufactured vaccines and medicines has been and still is 
unequal and ins ufficient in many countries. There are many reasons for this and they vary from 
country to country. WHO experts recently mentioned the following  reasons : export bans, bilateral 
deals and vaccine diplomacy instead of prioritizing the COVAX mechanism, produc tion challenges 
(as far as safety, quality and efficiency  are concerned ), delays in vaccine regulatory approval, 
vaccine hesitancy, absence of vaccination campaigns and logistical deficiencies hindering the 
administration of received vaccines promptly - resulting in vaccine waste, etc.  
The reasons for unequal access must be urgently addressed to defeat the COVID -19 pandemic 
and lessons learned for future pandemics as this must be avoided next time. The WTO has an 
important role to play in this:  by facilitating trade, ensuring regulatory coherence, fostering the 
resilience of essential medical goods supply chains, avoiding export restrictions and dismantling 
prohibitive tariffs. The "Trade and Health Initiative " launched by the Ottawa Group has p ut forward 
pragmatic proposals to address these concerns and we are currently discussing in the 
"Walker  process " what deliverables we could achieve at MC12.  IP/C/M/103/Add.1  
 
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Increasing and diversifying global, local and regional vaccine manufacturing capacity, and 
building  up relevant expertise in low- and middle-income countr ies (LMIC s) to produce vaccines is 
one avenue that needs to be further explored and promoted to be better prepared for a future 
pandemic. The World Health Organization 's announcement of the establishme nt of the first mRNA 
vaccine manufacturing hub in South  Africa is welcome news in that respect.  
Making regional vaccine manufacturing capacity in LMICs happen will require close 
international collaboration. Technology and know -how transfer will again be a prerequisite to achieve 
this goal within a meaningful time  period and in a sustainable manner. The TRIPS Agreement and 
WTO's overall regulatory framework will thus play an important supportive role for this venture to 
succeed.  
On process, m y delegation is ready to continue work on technical issues, which started before 
summer. While we have already discussed a number of topics, Members had pointed out that they 
wished to conclude discussions on undisclosed information and regulatory data, and on technolo gy 
transfer. We are also awaiting answers still to the many questions that my own and other delegations 
have posed on the issue of implementation of the proposed waiver.  
Concerning the proposal of the E uropean Union on clarifications on the TRIPS flexibil ities 
contained in Article  31 and 31 bis of the TRIPS Agreement, we again hear from certain Members that 
they consider Article  31bis to be ineffective, complicated and difficult to use in the situation of a 
pandemic, starting with the notification requireme nts, but also in relation to labelling or packaging. 
It could therefore be useful for us  to look at these issues and hear what these problems are and see 
whether there is room for further clarifications to make Members feel more confident to use these 
flexibilities.  
As we have signalled a number of times, Switzerland remains committed to look into concerns 
that Members have raised in relation to TRIPS and the challenges that the pandemic represents, and 
to discuss possible solutions.  
As concerns the appro priate format for the Council 's discussions, we leave this in your able 
hands, Chair. Whatever the format may be, we reiterate that Members ' proposals need to be 
discussed on an equal footing and that it is important that Members have sufficient time to pr epare 
appropriately, for the Council 's discussion to be substantive and useful.  
Norway  
We would like to thank the sponsors of the Waiver Proposal  for their most recent 
communication contained in document IP/C/W/684 . Norway has thus far not been convinced that 
the Waiver Proposal , in its revised version , document IP/C/W/669/Rev.1 , would be an efficient tool 
for increased access to vaccines and other products and technologies that are covered by the 
proposal.  However, in the wider discussion on trade and health at the WTO, we also need to ensure 
that intellectual property right s do not constitute a barrier to solving the current or future health 
crises, and we need to find a pragmatic solution.  Norway would li ke to appeal to all parties to search 
for a common ground as a basis for a pragmatic compromise that can achieve consensus. We look 
forward to continuing our deliberations within the framework of the TRIPS Council.  
Turning to agenda item 14, w e would like to thank the E uropean Union for their proposal for 
a General Council  declaration on TRIPS and Public Health in the circumstances of a Pandemic, 
contained in document IP/C/W/681 . As we have said in earlier discussions on this proposal, we 
understand it to be seen as part of a wider WTO respon se to the COVID -19 pandemic. That is in 
Norway 's view an appropriate point of departure. Also, the proposal is closely linked to the 2001 
Doha Declaration on TRIPS and Public Health, and the aim is to make the so -called TRIPS 
"flexibilities " better suited to the circumstances of a pandemic.  
We conside r this proposal to be a useful contribution that merits further discussion. Without 
prejudice to the discussion on other proposals, or to the timing or format of any decisions on trade 
and health, it can be one of several elements to strengthen the multila teral trading system 's ability 
to respond in the event of future health crises.  IP/C/M/103/Add.1  
 
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New Zealand  
I am presenting agenda items 13 and 14 together. New Zealand continues to support a waiver 
of intell ectual property protections for COVID -19 vaccines to address the human catastrophe of the 
pandemic. While that support is undiminished , we also support the continued discussion of Art icle 31 
and Art icle 31bis. We agree with the comments of others that the two options are not binary,  and 
we must look for any tools that can be used to increase access to vaccines and other health products. 
But that should  not discourage us from using the momentum created by MC12 to identify a 
compromise outcome on intellectual  property  rules that pursues the joint ambition underlying both 
proposals. It would, indeed, be disappointing if the work we have pursued in this Council is unable 
to result in a meaningful contribution to our broader efforts to address the COVID -19 pandem ic.  
United States of America  
We in the United States are doing all we can to ensure everyone, both at home and around 
the world, has access to vaccines , because more vaccinations are how we end this pandemic.  We 
have committed to donate over 1.1 billion doses to date. We have already shipped nearly 160 million 
doses to 100 countries , donating more vaccines than all other countries combined , for free and w ith 
zero strings attached, with millions more shipping each day.  
The United States has stated its support for a waiver of intellectual property protections for 
COVID -19 vaccines. We also recognize the consensus -based nature of the WTO and the complexity 
of the issues involved. With MC12 coming up in less than two months, we are at a critical juncture. 
We remain committed to engaging with WTO Members to find a way forward that all Members can 
support. However, unless Members are able to make some real compr omises, we worry that there 
may be the possibility of no outcome , which would be extremely regretful. It is time for the WTO to 
come together and deliver the constructive and practical outcome that the world needs.  
Namibia  
Firstly, my delegation appreciates the efforts  by South Africa and India for the revised proposal  
as well as the continuing fight in ensuring that we deliver on this subject matter . Namibia associates 
with the statement s delivered by other co -sponsors  on this very important subject matter . We refer 
to our  previous statements in both formal and informal TRIPS  Council  meetings by re-emphasizing 
a call for a text-based negotiation process with an aim to finalize discussions on this v ery important  
proposal  to be considered  during MC12. We  draw other Members to Article IX:3 of the 
WTO Agreement , which is among the basis of this proposal , and can be granted under exceptional  
circumstances . We believe that indeed COVID -19 is exceptional  circumstances, hence we need to 
reach a compromise  in order to address the current challenges we are faced concerning  the supply 
constraints of vaccines, diagnostic s and medical devices for the  treatment and containment  of 
COVID -19. 
Colombia  
I would like to begin by thanking once again the co -sponsors of documents IP/C/W/669  and 
IP/C/W/681  for their alternative and probably complementary  ideas in the area of intellectual 
property, which together seek to provide the best response to the current global health crisis.  
Colombia reiterates the interest and importance it attaches to this discussion, as expressed in 
various forums by our preside nt, who said, "vaccines must be global public goods ". The extraordinary 
circumstances we face due to the COVID -19 pandemic require extraordinary measures, which is 
why, as a country, we support and echo the position expressed by the representatives of the 
United  States. We therefore consider it essential to reach a coordinated, holistic and pragmatic 
solution, which in the area of intellectual property may include a waiver on vaccines, as well as 
progress on TRIPS flexibilities.  
In line with the above and w ith earlier interventions by Colombia, it has been highlighted that 
the biggest obstacle that countries have had to face in order to ensure effective, rapid and universal 
distribution of vaccines is related to existing weaknesses in production and supply c hains.  Colombia 
considers it important to work towards a pragmatic and comprehensive solution that would lead to 
the decentralization of vaccine production centres, and ensur e effective technology transfer to 
generate a real increase in the global distribu tion of production centres, not merely to provide the IP/C/M/103/Add.1  
 
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  means to overcome the current pandemic, but also to sufficiently prepare us to deal more effectively 
with other pandemics that may arise in the future.  
 We therefore support a technical discussion that would help us bridge differences on the 
proposals and arrive at a coordinated response at the WTO. Colombia will continue to engage 
constructively in this discussion.  
Australia  
As we made clear at the 14 September informal TRIPS Council session, Australia is focused on 
achieving a positive, meaningful, consensus driven outcome at MC12 that sends a powerful message 
of global solidarity and of the W TO's ability to respond to a major global crisis. We would  support a 
TRIPS waiver as a way to not only send that message, but also to affirm the right of all WTO Members  
to overcome any intellectual property barriers that emerge in responding to COIVD -19. 
While we  are pleased that all TRIPS Council Members  agree that IP should not pose a barrier 
to accessing COVID -19 health products, Australia remains concerned that some of the entrenched 
views regularly expressed in the TRIPS Council are putting at risk ou r ability to achieve consensus 
and find common ground on this issue by MC12. After almost 12 months of debate, there remains 
disagreement between Members about the role of IP in responding to COVID -19. We therefore call 
on all Members to engage urgently an d actively to help deliver a positive outcome. Australia looks 
forward to further exchanges with all WTO Members, including in small group sessions and 
bilaterally, as a way to achieve this.  
With regard to agenda item 14, Australia would like to once agai n thank the European  Union 
for its draft General Council Declaration. Australia has always been clear that we support the use of 
TRIPS Agreement flexibilities wherever necessary, including in response to COVID -19. We  have also 
made clear that we stand read y to support any Member seeking to implement or operationali ze 
TRIPS Agreement flexibilities in response to COVID -19. In addition to negotiations for a TRIPS 
waiver, Australia looks forward to agreeing upon ways to expand, simplify and clarify the TRIPS 
flexibilities to ensure they are pandemic ready. We welcome all initiatives, including the EU 's draft 
General Council Declaration, that seek to achieve this.  
Brazil  
I am addressing agenda items 13 and 14 together. Brazil remains committed to a robust trade 
and health framework for the WTO, one that offers meaningful, timely and comprehensive solutions 
to the challenges we are currently facing in combatting the COVID -19 pandemic.  We know that 
intellectual property has a role to play in the response to the pandemic , and we want Members to 
feel empowered in the use of the system and its flexibilities. We have been engaging constructively 
with the discussions in the TRIPS Council and we remain open to explore different pathways for a 
meaningful result in intellectual property  for MC12 and beyond.  As the Ministerial Conference 
approaches, we invite delegations to show flexibility and move closer to what could forge consensus . 
We recall that arriving at a decision will necessarily require a certain degree of compromise from all 
parties involved.  
Mozambique  
My delegation  will address agenda items 13 and 14 together . We would like to thank the Chair 
and the WTO Secretariat for including  these items in the agenda of this TRIPS Council, providing an 
opportunity to continue the debates following the presentation of the report today and during the 
General Council.  We than k the delegations of India and South  Africa for their leadership on these 
very important issues and we also thank the representative of the E uropean Union for the 
intervention made.  
Our intervention aligns with the ones of South Africa, India and TRIPS waiver co -sponsors , 
and others in support of the envisaged proposals. We thank Members for the statements delivered 
as well as for the intervention of the EU concerning both agenda item s in discussion. We requested 
the floor just to reiterate the appeal on the need for good will, as both issues are of utmost 
importance. As has been repeatedly referred to, cooperation, solidarity and collective efforts can 
adequately lead to solutions to the broader crisis facing the globe.  IP/C/M/103/Add.1  
 
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We emphasize that for such a situation , faced with and witnessing people still dying and 
continuing to be infected around the world, these realities are clear indications that the whole efforts 
devoted in terms of the production and provision of vaccines and other medical goods provided up 
until now, are still not yet enough to respond to existing demand.  A positive consideration of the 
TRIPS Waiver Proposal for certain provisions of the TRIPS Agreement for a limited peri od of time , as 
continuously defended, would provide  an openness that would allow other producers in a position to 
engage to be able to devote efforts and start producing and contributing to scale -up production of 
vaccines , therapeutics, preventives and oth er medical goods and equipment, in addition to the 
currently existing capacities that have proven to be simply limited, and unable to respond to demand.  
For such a global challenge as COVID -19, the issue should not be just to evaluate if one or 
another initiative and /or proposal is or is not appropriate to address COVID -19. Instead, the global 
community should reach an understanding to join efforts in good will to find solutions that could 
better respond, through an urgent engagement of more producers that can contribute to increase 
the productive capacity worldwide and allow for scaling up production. Thus, the TRIPS Waiver 
Proposal  deserves be taken into consideration.  Production concentrated  to a limited number of 
producers has shown to not yet be sufficient and able to effectively respond to existing demand, 
specifically in the developing  countries,  including in LDCs. We call upon WTO Members to consider 
engaging in a compromised manner and constructively work towards a text-based  discussion in view 
of advanc ing to a positive outcome during MC12 . 
India  
With respect to item 14, c ompulsory licences , Article 31 bis, and other TRIPS flexibilities are 
important policy tools available to Member s. However , these flexibilities offer only limited policy 
space to Member s; addressing egregious monopoly actions by issuing compulsory licences  is not a 
feasible or expeditious option in a pandemic situation of this scale and magnitude.  
The E uropean Union proposal stresses the need for legal certainty on the flexibilities provided 
by the TRIPS  Agreement , and that the established procedures to use compulsory licences for those 
purposes be as efficient and streamlined as possible. It is not , however,  clear how at this critical 
time this proposal , which  endeavours to reaffirm our existing rights emanating from the 
Doha Declaration on the TRIPS Agreement and Public Health and the TRIPS provisions itself , would 
be helpful. We have heard from a delegation in this meeting regarding a first -hand account of th e 
difficulties  they have  faced in utilising the Special Compulsory Licensing System . 
On the three points of the operative part of the proposal , point (a) clarifies that a pandemic is 
a national emergency or other circumstance of extreme urgency within the meaning of Article  31(b) . 
However , this  issue was never in dispute . A pandemic , by its definition , is global so a global 
emergency does qualify as a national emergency  or a circumstance of extreme urgency . Additionally, 
Article 5(c) of the Doha Declaration  on the TRIPS  Agreement and Public Health clearly states that 
each Member  can determine what constitutes a national emergency.  
Further, the second point reads that Member s can set a remuneration that reflects the price 
charged by the manufacturer of the v accine or medicine produced under the compulsory licence. 
However, Article 31(h) of TRIPS already provides Member s freedom to set the level of adequate 
remuneration. Point (c) of the proposal says that the exporting Member may provide in one single 
notification a list of all countries to which vaccines and medicines are to be supplied. What these 
points cover are existing provisions of the TRIPS Agreement. It is therefore uncle ar as to how these 
reiterations of existing provisions result in ensuring augmentation of the production of vaccines, 
therapeutics and diagnostics for the treatment, prevention and containment of the pandemic . How 
would  these secure access and affordabilit y to vaccines for developing countries and LDCs ?  
In fact, it concerns us that in clarifying a non -disputed and clear provision, the proposal may 
instead limit the existing flexibilities by attempting to provide an authoritative interpretation. Finally, 
it is again unclear what the legal enforceability of this declaration might be. How would  Member s be 
able to use this declaration to procure more vaccines, therapeutics, PPE, masks etc. ? What is 
pertinent to note is that this discussion on improving upon the  existing TRIPS flexibilities , as well as 
the 2001 Doha Declaration on TRIPS and Public Health , is crucial and relevant . However, a mere 
reiteration of existing flexibilities , along with more stringent interpretation , would not make these 
practical, less c umbersome, and effective or provide a timely solution to the pandemic.  IP/C/M/103/Add.1  
 
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European Union  
Thank you to India for the comments. I just wanted to refer to these comments because  we 
have, I think, answered many of these issues, if not all of the issues , in the discussions that we had 
on the topic in small  groups and also in informal meetings. So I am a little disappointed that we are 
going back to the same questions . Just to recall the main i ssues : first of all, this is not a reiteration 
of provisions of the TRIPS Agreement . It is a very needed clarification responding to the questions 
that have been raised in the Council for many months . The European Union has tried to make an 
effort to come with a clarification to actually make sure that  the System  can be as expeditio us as 
possible.  
As we have clarified many times , there is no intention  to limit in any way the space and the 
flexibility of Members. To the contrary , it is to give more legal certainty as to what steps can be 
taken in the context of the pandemic to make sure Members can move  fast.  
I must say that I always find it a little difficult to understand how , on the one hand , Members 
have mentioned that there are problems with the use of compulsory licensing , and that it is too 
cumbersome ; and then on the other hand, whenever we try to have a discussion o f how to address  
these issues, we are told that we are  only repeating or reiterating – that everything is absolutely 
clear. So it is either one or the other . Either everything is absolutely clear and can be used , or there 
are some issues that we can work on.  
What I have not heard in the intervention of the honourable  colleague from India is all the 
other issues that we have discussed.  We have move d on. This is not only a discussion about the fe w 
elements that we have just heard from India. Luckily , in our discu ssions in a number of small group  
meetings and informal meetings , we have not ed progress , as we referenced  the day before.  We 
have noted progress on other elements and other requirements with relation to compulsory licensing 
when it comes  to, for example, notifications and other procedural requirements.  And there were 
discussions about marking , labelling, remuneration , covering multiple countries  in one notification , 
multiple patents, and so on .  
I would like to try to sound a little bit more  positive  than might have come out from th e 
previous intervention . I think that we have move d on. I think that we have a very good basis for a 
discussion. I think that there are a lot of points of convergence and if the small group discussion s 
have confirm ed one point, it is a readiness to look into these requirement s and th at Member s see 
sense in working on this . I think that should be something that we should concentrate on : a targeted  
and pragmatic solution to this question.  
Resumption of the Council for TRIPS on 18 November 2021  
European Union  
The European Union over the last couple of weeks has been engaging in a very active manner 
in discussions with various delegations aimin g to identify areas of convergence that could become 
the basis for a meaningful and pragmatic compromise on the intellectual property component of the 
trade response. Both the Geneva representatives and the capital -based experts have had talks with 
various  delegations. Discussions also took place at the level of senior officials. This effort is ongoing.  
In order to find a compromise, given the short time remaining until MC12, we believe that we 
all have to be clear on what parameters we find essential for a  solution on the intellectual property 
element of the broader trade response to the pandemic. Given the scope of divergences , we all need 
to be ready to adjust our initial positions and focus on the effect of the solution. Also, the solution 
we need is cle arly one that would add to the ongoing collaborations  and efforts to maximi ze 
production and supply, especially for the regions that have not had sufficient supplies of COVID -19 
vaccines and therapeutics, and not a solution that could interfere with these efforts.  
The European Union will continue to work towards such a solution together . We strongly 
believe that it is possible, taking all the elements of the comprehensive trade response into account, 
to find an outcome that will make a real difference on th e ground.  IP/C/M/103/Add.1  
 
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India  
I wish to get the statement that I made  this time incorporated in the minutes of the formal 
meeting as well. The Waiver Proposal  has been on the table of this Council for over a year now . 
While we have continued to meet to discuss and debate the proposal, it is regrettable that there has 
been no constructive engagement on the text of the various proposals.  
The c o-sponsors have engaged with Members showing both flexibility and pragmatism in order 
to reach an outcome on this issue . Since time is very short, we urge Members who have not shown 
much enthusiasm to engage in the text of the Waiver Proposal , to engage intensively with a view to  
achieve a landing zone and a deliverable . The c o-sponsors remain open and flexible in the approach 
to reach an outcome on this issue, as this continues to remain our utmost priority  for this Ministerial.  
We cannot fathom an outcome at the Ministerial on t he WTO 's response to the pandemic that 
does not contain an outcome on this element . We hope that the naysayers could show solidarity 
with the demand of the majority of the WTO membership and we could formulate some concrete 
and effective recommendations to  the Ministerial Conference on this issue.  
South Africa  
We would also like to update the membership that indeed our delegation , as well as the 
co-sponsors , have been constructively engaging, both within this forum as well as in bilateral 
configurations. We have been open to engag ing with any delegation that has willing ness to discuss 
this matter , which the distinguished delegate  from India has reiterated is key for our delegations . 
We will be continuing in a very int ensified manner to reach tangible outcomes that can provide 
workable solutions.  We are very open to ensuring that whatever solution we can come up with i s 
workable and any suggestions that can hel p us to advance  that are being  taken into consideration . 
We do not e that while the re has been  engagement  in this forum , as the distinguished delegate 
from India has already said, it has regrettably not been able to result in the text being  considered 
in this forum . While that it is the case , and it is lamentable , we are apprecia tive of some constructive 
bilateral engagements that have occurred . We will be seeking  to intensify those engagements to 
ensure that through that configuration and th is one, we will be able to present a solution that is able 
to contribute to the common objective of ramping up production and diversification geographically 
of that production. We will as soon as possible bring any outcome to this forum for the sake of 
transparency, a principle to which our delegation is very committed.  
Indonesia  
Thank you, Chair, for holding today 's meeting and for the adoption of the r eport to the 
General  Council  later. We support the statements made earlier by our fellow co -sponsors , Malaysia, 
India, and South Africa. In this regard, we thank you for the draft report which reflects the current 
situation of our negotiations. We support your proposal to maintain this agenda item open in the 
TRIPS Council to allow further discussions after the General Council next week.  
Nevertheless, as realized by all, it has been a year since the proposal on the TRIPS waiver has 
been put on the table. It is regrettable that while other fora are currently intensifying their text -based 
negotiations, this Council has failed to do so. With more than 5.1 million lives lost, we would like to 
remind Members that failure to deliver a meaningful outcome on the TR IPS waiver would reflect 
negatively not only on this Organization but also on its Members.  With that in mind, we would like 
to urge Members to show their flexibilit y and engage in good faith in the discussions of the TRIPS 
waiver. We hope that convergence can be achieved in the short time that we have left . We can still 
achieve this if Members show more willing ness to engage.  
Switzerland  
My delegation continues to engage constructively in consultations bilaterally and in various 
group constellations to discuss what a mutually agreeable outcome  could be . Everyone needs to 
make an effort in order to find con vergence  on a workable outcome which truly helps us in reaching 
our common objective of enduring global, equitable and timely access to health technologies against IP/C/M/103/Add.1  
 
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  COVID -19. My delegation is committed to this. My delegation would also like to thank you, Ch air, 
for consulting on your draft or al status report . My delegation fully supports your report . 
United Kingdom  
We welcome the status report as it was delivered and support its adoption. Ahead of MC12, 
the U nited Kingdom  has held an intensive series of bilateral meetings with Members on all sides of 
the debate. While we are not yet able to reach consensus, we  are grateful for the valuable discussion 
and constructive tone. The UK is continuing to hold bilateral discussions with an aim to finding a 
pragmatic solution.  What we agree on is the need for a trade and health outcome at MC12, which 
promotes vaccine production and supports equitable vaccine distribution. In this regard, we continue 
to emphasise the role of the international intellectual property  framework , including the use of TRIPS 
flexibilities and wider trade and non -trade-related initiatives to scale up and improve access to 
COVID -19 goods.  
Our collective focus must rem ain on ensuring the production of COVID -19 vaccines and other 
goods continues to rise, but also on their equitable distribution and administration to contain, treat, 
and prevent COVID -19. The UK is committed to continuing to support a multifaceted and prag matic 
response, and we will work hard to achieve a multilateral outcome on trade and health at MC12.  
Resumption of the Council for TRIPS on 29 November 2021  
South Africa  
The most solemn oblig ation of every government is to protect the life and health of its people. 
The threatened scale of the COVID -19 pandemic became evident in early 2020. 
Dr Tedros  Adhanom  Ghebreyesus, Director -General of the WHO, declared the situation a Public 
Health Emergency of International Concern on 30 January 2020. The need for scaled -up access to 
diagnostics, treatments, vaccines and personal protective equipment was manifest.  
The co -sponsors approached Members of the Wor ld Trade Organization with a straightforward 
request. Namely, that international obligations regarding the protection of intellectual property rights 
under the TRIPS Agreement be waived temporarily during the pandemic. This straightforward 
request was made  so that countries at all levels of economic and social development, with diverse 
public health systems, and with different approaches to addressing the pandemic, could move 
forward by taking appropriate measures without the potential threat of trade dispu tes and sanctions 
regarding intellectual property impairing them. There was good reason to believe that health 
products would be in global short supply. This circumstance was most likely to persist for some time. 
New products required clinical testing and approval. New production facilities needed to be brought 
online and certified. Supply chains needed to be integrated. The clock began ticking early in 2020.  
Middle - and low -income countries had reason to be concerned. Much of the latest technology 
used to  develop and manufacture necessary health products was owned and controlled by 
companies, governments and other institutions based in high -income countries. Without access to 
this technology, the road to manufacturing and distributing health products would  be restricted. 
Access to health products would be at the discretion of a relative handful of high -income country 
technology owners. As the COVID -19 pandemic continues to rage on globally, there have been over 
259 million confirmed cases of COVID -19, inclu ding over 5 million  deaths, reported to WHO. As we 
know, this is a gross undercount if we take into consideration  excess deaths. As of 
25 November  2021, a total of just over 7.7 million  vaccine doses have been administered.27 
Almost half of the vaccines so ld by AstraZeneca, Pfizer/BioNTech, Moderna, and Johnson and 
Johnson have been delivered to high -income countries, even though such countries only comprise 
16% of the world 's population. The countries of the African Union (AU) collectively have a population 
that is three times larger than the countries of the E uropean Union. Yet the African Union Vaccine 
Acquisition Trust, a vaccine procurement platform, has only been able to purchase 100  million doses 
from Pfizer/BioNTech and Johnson and Johnson. By contrast, the EU has been able to purchase 
nearly 1.5 billion doses from AstraZeneca, Pfizer/BioNTech, Moderna, and Johnson and Johnson, or 
approximately 15 times the number of doses compared to the AU.  
 
27 https://covid19.who.int/  IP/C/M/103/Add.1  
 
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Through world class genomic sequencing and epidem iology, South African scientists were able 
to detect the Omicron variant. Scientists have also identified cases in Hong Kong , China ; Australia ; 
Belgium ; Italy; the United Kingdom ; Germany ; Austria ; Denmark ; and Israel ; and it is now 
spreading to other coun tries as well. Due to high standards of transparency and in the spirit of 
solidarity, South  African authorities made the detection of the variant known. In response, 
South  Africa and neighbouring  countries have been subjected to unscientific, knee jerk tra vel bans. 
Predictably, countries opposing the waiver are at the forefront of implementing such measures. It is 
important to note that unless vaccines are universally available, mutations are most likely to be the 
outcome , putting everyone at risk, even cou ntries that have achieved high vaccination rates. We 
call for solidarity and constructive engagement in the TRIPS Council to approve the waiver rather 
than discriminatory bans that lock Africa away.  
The Committee on Economic, Social and Cultural Rights (C ESCR) has highlighted that "the 
current restrictions imposed by the intellectual property rules in the TRIPS Agreement make it very 
difficult " to achieve the international cooperation needed for the massive scale up required to ensure 
universal access to d iagnostics, medications, vaccines, therapeutics and other relevant health 
products to prevent, treat and control COVID -19. This does not have to be a developed v ersus 
developing country debate. As United States  President Biden said on 26 November 2021, "[t]he 
news about th is new variant should make clearer than ever why this pandemic will not end until we 
have global vaccinations ", and reiterates the importance of waiving IP protections. For months the 
International  Monetary Fund and the World Bank have been warning that an end to the pandemic 
requires poor people as well as rich to be vaccinated.  
The lack of a multilateral solutio n to approve the targeted and time -bound TRIPS waiver that 
would result in diversification of production, as we have repeatedly warned, is creating a fertile 
breeding ground for the emergence of new variants. We have always said that no one is safe until 
everyone is safe. The world has been waiting for over a year for a resolution . However it is clear 
that the lack of a decision shows that multilateralism has failed the test. If ever there was a time for 
some international solidarity this was it. We have al ways said that this is not an ideological debate. 
We believe it is possible to find a balanced outcome that preserves the incentives for research and 
innovation and that responds to the public health crisis  that we face . The proposal recognizes that 
we are  in an unprecedented crisis and it calls for concomitant exceptional measures to be taken to 
save lives and to take us on a path of sustainable economic recovery. The stop -start we currently 
have is hurting developing countries the most as they cannot cush ion their economies . They just do 
not have the fiscal space to do so.  
Importantly, we do not need a Ministerial Conference to take decisions that save people 's lives. 
That is why we called for a decision in the July 2021 G eneral Council . The G eneral Council has always 
approved waivers and can take a decision on important matters such as this. The postponement of 
MC12 due to the Omicron variant emphasizes the need for engaging in a solution -oriented and truly 
text-based discussion. When will the TRIPS Counc il engage in a text-based negotiation  process?  If 
not now , when? We have engaged in a solution -oriented discussion with various Members in the last 
few weeks and indicated readiness to show flexibility that makes a real difference on the ground. 
We have sh ared our thoughts on a landing zone that can take us forward. We have always said  that 
we need to move beyond the binary of the two proposals. It is unfortunate that even this flexibility 
has not assisted to move us forward.  
While the first duty of any government is to ensure the safety of its own people, there are 
times when this can only be done by acting collectively . This is one of them. Some problems are 
global in nature. Voluntary arrangements and donations , while helpful , have not been sufficient to 
result in equitable distribution. In reality, we have seen that voluntary licen ces contain restrictive 
terms and conditions , such as restrictive coverage that excludes supply to many developing 
countries , which contributes greatly to inequitable access.  This is why we continue to call for 
transparency of contracts. In addition, waiver opponents said that COVAX would deliver equitable 
access. However as we approach the end of 2021, COVAX has only delivered about 500 million 
vaccines , approx imately  25% of what it was expected to deliver in 2021. Notably COVAX has cut its 
vaccine delivery forecasts by 25% (from 2 billion doses to 1. 5 billion doses).  
Failure to agree on a multilateral outcome to address IP barriers, coupled with the imposition 
of restriction s that run contrary to  the advice and guidance by the W orld Health Organization  cast a 
dim light on the ability of this institution to act in solidarity during an international emergency , as 
recognized by the WHO. The argument s in favour of waiving intelle ctual property rights ha ve become IP/C/M/103/Add.1  
 
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  even more urgent than when we submitted the proposal in October 2020. We call on Members that 
are yet co -sponsor s to join us .  
According to the IMF Chief , Kristalina Georgieva, the most serious obstacle to full recovery 
remains the COVID -19 vaccine divide between rich and poor states . According to the IMF Chief, 
"[w]e face a global recovery that remains hobbled by the pandemic and its impact ." She further 
stated that "[w]e are unable to walk forward properly – it is like walking with stones in our shoes ". 
The very credibility of this institution will be determined by the outcomes reached in the 
TRIPS  Council. To this end, the WTO needs to prioritize urgent t ext-based negotiations on a TRIPS 
waiver. This must take precedence  over any other negotiations. The suspension of MC12 offers us 
an opportunity to refocus all our efforts on reaching a mutually acceptable outcome to the TRIPS 
Waiver Proposal . We need to e ngage in text -based negotiations and convene a special session of 
the General Council  as soon as possible to bring the waiver into effect. We have the time and the 
platform to work purposefully to achieve an outcome that can re-establish  our relevance to t he world 
looking on. The only question is do we have the will? 
European Union  
The E uropean Union continues to be strongly committed to achieving our common goal , which 
is to continue ramping up and diversifying production of COVID -19 vaccines and medicines, and to 
ensure global equitable access to these products. We consider that the WTO must find a consensus 
on the comprehensive trade response to the COVID -19 pandemic as soon as possible. We have been 
very actively engaged over the past months on this issue, to move forward and to find a solution in 
the interest of all, ahead of the 12th WTO Minister ial Conference . The postponement of MC12 does 
not affect our efforts and the ongoing work with other Members to rapidly arrive at such a solution.  
The bottlenecks to COVID -19 vaccine production and diversification have been long identified. 
Limited manufac turing capacity, restricted access to raw materials and other inputs as well as 
complex supply chains are the main bottlenecks as regards the production and distribution of 
COVID -19 vaccines. Trade -related measures, if agreed to swiftly, could address some  of these 
bottlenecks and make a real difference.  Intellectual property is an element that should be addressed 
as part of the comprehensive trade response. We believe that it is possible to find a solution on 
intellectual property that responds to the need  to increase the production and diversification of 
COVID -19 products, but also maintains the protection required for incentivi zing technology transfer 
and investment in research and innovation, which are key to combat the new variants of COVID -19, 
like the  one we are dealing with currently.  
The EU will continue to engage in a solution -oriented manner to find an outcome that makes 
a real difference on the ground, just as we have been over the last couple of months. As discussed 
previously, there are areas of  convergence that should be further explored to find a meaningful 
solution. We are ready to redouble our efforts to arrive at this consensus as quickly as possible. We 
call on all Members to engage in the same manner with clear and concrete proposals and w ith a 
focus on our common objective. As regards the organi zation of work, we found the various bilateral 
and other contacts with Members the most conducive to finding a solution. This engagement must 
continue.  
India  
It is highly unfortunate that when we all thought that it was safe to go back to normal, the 
new variant has dismantled our hopes of returning to normalcy . It comes as no surprise that the 
virus would mutate between vaccinated and unvaccinated people . Unless the problem of inequity 
and access are resolved, we will be losing more people and may not see a recovery anytime soon. 
It is indeed a pity that while we all have been reiterating that "no one is safe until everyone is safe ", 
we have not really worked towards what could have saved millions of lives and made everyone safe. 
We have invested and lost over a year in discussions and debates on the Waiver Proposal . The 
co-sponsors have undertaken more than 70 bilateral meetings in this  time to answer questions and 
allay the concerns of Members with regards to their doubts and queries about the proposal.  
Regrettably there has been no substantive engagement on the text of the proposal on the 
TRIPS  waiver. The co -sponsors have tirelessly engaged with the membership at large . We have 
shown flexibility and we have shown pragmatism in our bilateral engagements . The co -sponsors IP/C/M/103/Add.1  
 
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  have clearly delineated the parameters of a possible landing zone in our outreach with the 
non-proponents. Now it is time and up to  these Members to show their flexibility and engage in 
text-based negotiations. It makes us sad to say, but whatever the co -sponsors have been arguing 
all along has come true. We have always stated that the chasm and ine quity in access to vaccines 
would  lead to the rise of variants that may be more transmissible, more lethal, and circumvent the 
efficacy of existing vaccines. What further evidence is needed to plead this case ? In fact , the virus 
itself is pleading this cas e on our behalf.  
We have constantly heard from a few Members that intellectual property  is not a barrier to 
scaling up production and distribution ; that the bottlenecks lie elsewhere ; and thus a multi -pronged 
approach to come out with a response would be needed. The co -sponsors have in good faith engaged 
on all elements of a possible response to the pandemic, in various formats, while a similar zeal to 
reach an outcome or even to start a negotiation has  been lacking on the TRIPS Waiver Proposal . So, 
my question to this distinguished Council Chair is : how long will we wait, and at what cost , to start 
the text -based  negotiations?  
Sadly the opposition by a handful of Members to engage on this issue has thwarted the whole 
process. The Waiver Proposal  is supported by over 100 Members of this Organization. Members who 
realize that IP barriers need to be overcome to enhance production, affordability, and equity, to 
provide a solution that would  save lives and livelihood s. It is amply evident that existing flexibilities 
are not sufficient ; voluntary mechanisms have fallen short of delivering. It is imperative that we 
deliver solutions that would save lives and livelihoods. In  this regard, the waiver becomes central to 
achieving equitable access. Time for debates on whether the waiver would work or be effective is 
over. The virus is continuously mutating to survive . It is ironical that some of us cannot even revisit 
our positions on this issue and work with a spirit of compromise to save ourselves and our fellow 
human beings. It is urgent that we intensify our discussions and reach a landing zone to be able to 
adopt a decision on the waiver at the earliest.  
United Kingdom  
The decision to postpone MC12 is undoubtedly a disappointment, but it was the right call. The 
health of MC12 participants is the key p riority whilst there is uncertainty regarding the new variant. 
We are grateful to the Director -General for her inspiring leadership, as well as to the WTO Secretariat 
for their professional preparation of the Ministerial. Whilst we await confirmation of a new date, the 
United Kingdom  will continue to engage actively in all key negotiations. We are determined to see 
the WTO back in business and fit to meet the challenges of the 2020s. These uncertainties only 
underline the vital ongoing importance of innovat ion in the fight to contain, treat, and prevent 
COVID -19, given the existing international intellectual property  framework 's demonstrated ability to 
enable such action. Despite MC12 's postponement, our commitment to reaching a pragmatic and 
tangible outcom e remains. As we have stated in previous TRIPS Councils, the UK has made concerted 
efforts to engage bilaterally with Members on this file. We are committed to continue engaging with 
Members to find a solution acceptable to all.  
Collaboration by all is th e way forward. We are encouraged by the tone of the discussions we 
have had, and as we are still all agreed on the need for tangible outcomes, we remain hopeful this 
tone will continue in the discussions. It is clear that compromises will be needed from all to achieve 
an outcome acceptable to all.  Of course, efforts to increase global and diversified production and 
supply of vaccines will continue . So will further research and development, underpinned by the IP 
framework. That said, it is clear we mu st now particularly concentrate on equitable distribution and 
administration of available vaccines in order to contain, treat, and prevent COVID -19, in all its 
variants. Ensuring vaccines reach people 's arms is fundamental. We look forward to further pract ical 
discussions focused on areas of convergence in formats that are most suitable to that. To that end, 
we agree with keeping this session open and propose to reconvene when there is a solution at hand, 
not to reiterate known positions.  
Vanuatu  
Thank you for convening this afternoon discussion , and I thank the earlier speakers for their 
views . We associate ourselves with the statement made by South  Africa . We also want to express 
our support for the statement made by India. Listening to the other delegations , it seems that we 
are still continuing to state our non -positions . If we continue with this approach, I am very sorry , IP/C/M/103/Add.1  
 
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  but the WTO will find some difficulties in coming to a convergenc e of ideas.  From my side, it is 
unfortunate that we are not in text -based negotiations . I think it is imperative, it is incumbent on us 
to start those text -based negotiations.  
Why have we  not commen ced text-based negotiation s on the proposal ? The WTO Secretariat 
should be trying to help us : they listen to all the ideas, put things down on a document , and then 
we can work towards text -based negotiations and come to an agreement. I think that is a very 
important next step that we must take. As I ind icated during the informal session with the 
cancellation of MC12, it speaks very direct ly to us that we must make a decision as soon as possible. 
Let us not wait for the next MC12 . Let us make this  decision  and come to a resolution as soon as 
possible. It is our duty to do that. Thank you Chair . I am sure that you are listening and absorbing 
the other comments that have been and  will be made by other delegations.  
Indonesia  
We would l ike to align ourselves with South Africa and India , who have spoken on behalf of 
the co -sponsors , as well as all the other co -sponsors  before us . At the outset, Indonesia would like 
to express its sympathy and solidarity with Members who have been signific antly affected by the 
Omicron variant of COVID -19. The last couple of days have shown that the threat of the pandemic 
is far from ove r, and it highlights that the idea that "no one is safe, until everyone is  safe" is real. 
One cannot help to wonder if greater access to vaccines, therapeutics, and diagnostics had been 
agreed and available months ago, the current situation could have been avoided.   
Nevertheless, if nothing else, the current situation and the subsequent indefinite 
postponement of MC12 high light how relevant and essential our work is. Therefore, we share your 
view, Chair, that we need to maintain the momentum as the world still expects an outcome from 
this Organization, and rightly so. In this regard, our delegation supports your decision to  maintain 
these agenda items open. We need to keep all options open, particularly those that will allow this 
Council to deliver and decide quickly on a possible outcome.  Furthermore, keeping these agenda 
items open would  also give a positive signal to the world. Having said that, Chair, we must now 
move forward in our discussion. We must move beyond ideological and conceptual discussions. Our 
discussions from here  on must be targeted toward delivering a real outcome.  
It is regrettable that the TRIPS Waiver Proposal  that has been on the table for over a year has 
yet to be discussed properly. Despite numerous calls and warnings from world leaders and 
international organizations, we have failed to deliver a multilateral outcome on this very important 
issue. The  worsening situation also shows that the current flexibilities and intellectual property  
system are inadequate to end this pandemic. As such, we urge Members to engage in a text -based 
negotiation on the TRIPS  waiver. As stated by many previous delegations,  we do not need to wait 
for the next Ministerial  Conference to have an outcome.  With that, Chair, our delegation would like 
to reiterate its commitment to engage constructively and positively in the coming days, weeks, and 
months until we have an outcome o n this. It is our sincere hope that other Members will show the 
same level of commitment and flexibility by engaging in text -based negotiations of the TRIPS  waiver.  
Chad on behalf of the LDC Group  
On behalf of the LDC Group, I would like to say the following:  
Firstly, we align ourselves with the statements made by South Africa and India. Many 
delegations have raised this  issue. The postponement of MC12 shows how urgent it is to make 
progress on this fundamental issue and to find a collective solution that is realistic or pragmatic. In 
any case, there is an urgent need for the Council to move in the direction of a collecti ve solution. I 
fully share the position of our colleague from Vanuatu. The starting point for the negotiations must 
be a text. Lives must be saved and steps taken to ensure that the COVID -19 pandemic does not 
exacerbate the current situation by creating a large number of victims. This will force States to 
reintroduce restrictions on the movement of people and goods. We are well aware of the 
consequences : a slowdown in global activity, slowing global demand, and economic disruption, which 
lead to unrest and uncertainty for economies and world trade. I would also say that, in the light of 
the current situation, they even cause violence in some countries.  IP/C/M/103/Add.1  
 
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A few months ago, Dr Tedros Adhanom Ghebreyesus, Director -General of the W orld Health 
Organization , warned that the world is on the brink of a catastrophic moral failure and the price of 
this failure will be paid with lives and livelihoods, particularly in the poorest countries, which are our 
countries. The trends we are seeing are deeply troubling. And we have  often reiterated that vaccine 
nationalism will, in any case, not work, as COVID -19 has returned with a new variant. New variants 
will also emerge in the weeks and months to come. The situation is therefore extremely worrying 
and alarming. Therefore, at th e level of the LDC Group, we believe that we must ensure that 
everyone will be able to have affordable access to the vaccines, medicines and other new technology 
needed to control the pandemic. This is a requirement for the safety of all and it is the equa lly vital 
challenge facing us today with the new variant. Multilateralism is the only way we can deliver an 
effective response to the global challenge. Our common interest depends heavily on that. The 
delegations ' proposal is an opportunity to take practic al steps to help prevent another tragic 
recurrence with regard to access to vital treatment or, at any rate, access to vaccines. The discussion 
that has taken place within the TRIPS Council must allow all Members to ensure that the barriers to 
access to th ese types of products and to their trade are minimized in order to foster the resilience 
of our economies and our peoples in the face of this pandemic, but also to build a fairer, more 
equitable and more inclusive system that truly responds to global publi c health needs.  
Since the outbreak of the COVID -19 pandemic many developing countries and LDCs have 
become more vulnerable and are finding it difficult to obtain basic medical supplies. The great 
disparity between countries raises serious concerns about th e availability and accessibility of the 
medical products needed to treat COVID -19. It is important to take all the necessary steps to allow 
everyone to be able to have access to vaccines.  
Lastly, in light of the significant health challenges to be met, as we currently see the worrying 
and urgent situation, the Group calls on all WTO Members to reach a quick decision in the 
TRIPS  Council and the General Council so that we can really resolve this issue, which affects , quite 
simply, all humankind.  
Bolivia, Plu rinational State of  
Bolivia, as a co -sponsor, aligns itself with the statements made by India and South Africa. The 
postponement of the Ministerial Conference is another si gn that we cannot let down our guard 
against this virus that has forced us to change our way of living. But beyond that, this postponement 
will not really give us more time to find a solution . In fact, that time has clearly already elapsed. 
This brings us back to reality : vaccine inequity, the lack of solidarity. Apparently, we must reiterate 
that restricting entry to countries is not the solution . The solution is to ensure and guarantee that 
all countries have adequate access to vaccines in order to, if not prevent, at least control more 
mutations of the virus.  
For a year we have heard countries commit to finding a response . Yet, despite these 
commitments, we have made no progress whatsoever and we remain stuck in a dead -end debate. 
The situation we curre ntly find ourselves in was precisely what the waiver would have avoided , or 
at least attenuated. While any flexibility in the agreement is welcome so that equal access to health 
care can be ensured, we are convinced that the solution that will boost produc tion of vaccines, 
treatments , etc. is the waiver and we will continue to work in this vein.  
We need every country to be able to find common ground in order to reach a balanced and 
acceptable solution, but in order to reach this we must show real commitment  and negotiate based 
on the text as a matter of urgency.  
Pakistan  
Pakistan wishes to recall all its previous statements on this issue in previous formal and 
informal meetings of the Council. We also align ourselves with and echo the statements made by 
South Africa and other co -sponsors on this issue. 
It is unfortunate th at our continued denial of the waiver has resulted in a situation which we 
had always feared. The lack of access to vaccines in developing countries and delayed immunity has 
resulted in the development of new variants, which would be more virulent and more  infectious. It 
is unfortunate that despite ample evidence, lengthy discussions, and extensive clarifications, the IP/C/M/103/Add.1  
 
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  waiver has continued to be blocked without engagement on the text by a mere handful of 
delegations. This denial, both of the waiver and its n eed, has meant that the proverbial chickens 
have now come home to roost. The new Omicron variant, within a few days of its detection has put 
an end, in the foreseeable future, to any ambition this Organization had of hosting a 
Ministerial  Conference. Restr ictions on travel and social mobility continue to abound, particularly in 
Europe.  
During the time we have spent debating the proposal, vaccine inequity has become more 
entrenched. Only to provide an example of the situation, the details of which have been highlighted 
by other co -sponsors and the worthy colleague from South Africa earlier, according to Dr Drobac, 
an Oxford University academic speciali zing in infectious diseases, there are still over 3 billion people 
around the world who have  not had access to a vaccine. In Africa only 5% of the population is fully 
vaccinated.  
Even with its revised estimates, COVAX is still falling short of its targets for 2021. Clearly, 
vaccine production shortages are real and staring us in the face.  This and the Ministerial Conference 
postponement are extremely unfortunate. It is also a sombre reminder to the membership that the 
most important and pressing negotiation can no longer be ignored merely by referring to it as the 
elephant in the room. This is now, if not from the beginning, the most important, if not the only 
negotiation, that the Organization must take forward with urgency and priority to find a solution.  To 
reiterate the questions posed by co -sponsor colleagues, the membership demands an answer to  how 
long the world ha s to wait for a few Members to engage meaningfully on the text of the waiver , 
which they had promised months ago. On our part, the co -sponsors wish to continue to engage in 
earnest in order to find a solution , as we have been over the  last work year .  
We welcome the statement made by the President of the United States, the resolutions 
adopted by the European Parliament, and the media reports arising from the high offices in Norway 
and Switzerland on their positivity towards this engage ment with the waiver. However, we only 
remain hopeful that those political messages will be translated into tangible engagements on the 
text of the waiver to find a solution the world is looking for. To reiterate, in the context of 
negotiations, and what t he world expects, the WTO might have to continue to cut a sorry figure on 
any response to the pandemic or any deliverable, if we are unable to ensure that we can contribute 
squarely to saving human lives.  We once again look forward to continuing our engage ment in 
whatever form possible to find a solution.  
Brazil  
Brazil remains fully engaged in working for an outcome in the TRIPS waiver discussions and in 
trade and health more broadly. We are open in terms of process, and we agree with you that we 
should not lose the momentum of discussions. We are looking forward to continuing negotiations on 
this file.  
Maldives  
Thank you , Chair, for convening this formal meeting of the TRIPS Council. It is an unfortunate 
but of course necessary decision to postpone MC12. Nevertheless we should look at this an 
opportunity to further engage with our partners to come to consensus on this proposed waiver . We 
align with the statement s delivered by South Africa  and India  on behalf of the co -sponsors of the 
waiver from certain provisions of the TRIPS  Agreement for the prevention, containment and 
treatment of COVID -19.  
The current situation with the Omicron variant identified further underlines the importance of 
enhancing equitable access to COVID -19 treatments. Failing to do so would  invariably result in 
further multiplication of variants which may prove to be more deadly than before. The only possible 
solution is to accelerate COVID -19 vaccination coverage as rapidly and as widely possible , especially 
among populations designated as high priority. To do that, we need to enhance manufacturing 
capacity of vaccines and their distribution. In order to achieve th at, we need to come to an 
understanding among the Members of the WTO to start text -based negotiations without delay on 
the TRIPS  Waiver Proposal . We echo previous speakers in calling for accelerated efforts to achieve 
substantive progress through textual d iscussions. This is the time for international solidarity and IP/C/M/103/Add.1  
 
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  multilateral cooperation and to make a concerted effort to address vaccine equity challenges facing 
the world today. As we know , no one is safe until everyone is safe.  
Switzerland  
Switzerland recognizes the challenges that the world faces in reaching our shared objective of 
ensuring global, equitable and timely access to vaccines and medicines against COVID -19. 
Switzerland is of the view that intellectual property protection contributes to this goal. Intellectual 
property rights work like bridge s over which partners can collaborate and share safely and efficiently  
techn ology and know -how to produce and develop vaccines and therapeutics against this virus . This 
was put to test in the first challenge to be mastered when th is pandemic broke out: to research and 
develop new and effective vaccines to fight the virus effective ly. IP w as instrumental in that respect. 
The second challenge  was ramping up manufacturing capacity from zero at the beginning of 2021 
to more than 1.5 bi llion per month today. With th e partnerships between developers and qualified 
manufacturers around the  world in a position to ramp up this production capacity , IP was again 
instrumental . 
And IP remain s instrumental to address a third  challenge , which is to respond t o mutations of 
variants like  Omicron and future pandemics. The focus of our attention must now be the key 
challenge that remains for the international community to achieve  successfully: fair and equitable 
distribution of the vaccines produced and available . But equitable distribution i s not an IP problem 
and cannot be solved  by suspending IP . Members must now undertake all that is necessary to ensure 
that we reach  fair and equitable global distribution of the vaccines produced. The  World Health 
Organization 's COVAX Facility is an import ant tool to help us to reach this goal. But this must not be 
prevented  from f ulfilling its role by measures such as export restrictions, vaccine nationalism or 
so-called "vaccine diplomacy ". Governments and companies must prioritize COVAX or vaccine 
deliver ies to be distribut ed to those who need them most. With this goal in mind, Switzerland has 
been the first country to respond to the call of trading its place with COVAX in manufacturers ' supply 
queues. We encourage other countries to do the same , who are capable  of doing so.  
Switzerland regrets that MC12 had to be postponed. Th is said, this delegation is willing  to 
continue to engage in finding pragmatic solutions and a mutually agreeable out come on th ese issues  
in this Council. On the one hand, such an outcome must preserve the said important role of 
intellectual property rights and the TRIPS Agreement. On the other hand, it must make a valuable 
contribution , assisting Members in overcoming t he challenges they face to address the COVID -19 
pandemic more efficiently.  
In order to find a mutually agreeable solution, we should focus on areas of possible 
convergence. Such an area could be how to clarify and simplify the use and implementation of TR IPS 
flexibilities on compulsory licen ces in the situation of a pandemic, so that Members can use those 
more effectively. Useful work has been accomplished over the last few weeks in this regard, 
particularly in bilateral consultations. We should continue t his work to get still better clarity on where 
a mutually agreeable outcome c an be found. Switzerland is committed to continue this work.  
Tanzania on behalf of the African Group  
I want to align myself with the observation made by the proponent South Africa. It would be 
recalled that the African Group, in several meetings, ha s insisted on the importance of making a 
strict move on the waiver. We indeed still think that the waiver would help to address the challenge 
of production and the supply of vaccines, therapeutics and diagnostics for COVID -19. We , however , 
have continued with the debate in the Council , which is merely a philosophical discussion . From the 
very beg inning, the proponents and co -sponsors in the express explained the problem was with 
using the current flexibilities embedded in the TRIPS Agreement.  
The proponents came up with this waiver and we believe that this waiver was a well -thought 
one, because i t was only to address this specific challenge , COVID -19. It would give the opportunity 
for at least perhaps three years , and then after we could review it in the General Council. But it 
seems that some Members are looking at who benefit s from the  business of vaccine s, diagnostic s 
and therapeutic s. We forget the big picture of the populations which are being sever ely affected . 
This is a human issue and we need to approach it in a way which is more sympathetic to the loss of 
people. And that  is why w e – Members – are here . We cannot waste this issue.  IP/C/M/103/Add.1  
 
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We are looked at as the ones who are holding a solution that could provide a way to deal with 
this matter and the vaccination of populations. We believe the numbers which have been proposed 
by the World Health Organization , that if around 80 % of the population were immune , that could 
contribute to stopping the continuation of the mutation of this virus . We are worried that if we 
continu e to give an opportunity to this virus to continue to mutate, it  might reach a point where the 
virus could not be addressed anymore. It would develop some form of resistance to any kind of 
vaccine and we will have failed an opportunity to address the challenge in which we could have 
stopped it. And we believe that we s till have an opportunity to do so, at this moment.  
Another challenge that we are looking at ahead is the population. If the population get s to 
understand that they can live with this virus and still survive in their own way, we have also missed 
the opport unity to stop the virus, because then the vaccination will be difficult. It has taken us some 
time to make our population understand the importance of vaccin ation and, at the moment when 
they have understood its importance, the vaccine i s not there. So the y have been disappointed, and 
they are finding their own way to live with it . At the moment they get to understand that they can 
live without a vaccination, the problem  is going to be exacerbated.  
It would be self -defeating to us , Members, and especially the World Trade Organization . A few 
days ago we had to stop , to cancel the Ministerial Conference, because of the new variant, which 
just came up . Some conclusion has been made that it came from the southern part of Africa . I am 
not convinced so far, but I  am not a scientist to stop that  from being said . But, of course, we do  not 
know yet, because information is not very clear so far. It might have started somewhere else, but 
the southern part of Africa has been keen enough and careful enough to know that there is a new 
variant. This is going to be repeated year after year if we are not careful to make sure that we 
cooperate and reach a consensual decision. Of course, I  am not saying the waiver is going to be a 
solution by itself, bu t, of course, cooperation will enhance the production and p erhaps w ill provide 
much of the solution to the problem.  
Having said that, we also have a great opportunity to ensure that we have a role in making 
sure that trade continues in terms of movement of people, and in terms of movement of goods and 
services . But these may not move i n the best way i f we do not address the challenge which we are 
facing now. So while some Members are looking at the bu siness of the vaccines and therapeutics at 
the moment, we should  not forget that also other products will need to move, and are perhaps of 
more importance than the single products of vaccine s and therapeutics.  
We are quite concerned and we want to support the continuation of the debate, like other 
Members have said . We will remain available to engage with Members until a final solution is solved . 
But, of course, it is the willingness of other Members to engage, especially those with bigger 
interests . For us, our interest and our preference is to adopt the waiver as it is . But we also want 
those who have had objections to agreeing to the waiver as it is to amend and exercise some 
flexibilities. Of course, these are national country positions . But we have an opportunity to reconsider 
and to engage, to take us further, so they can understand the bigger picture of the problem we  are 
having . We can result in a waiver, perhaps not as it is , but at least one which is going to provide 
some solutions to addre ss the challenge we  are having. Thank you , Chair,  for being ready and for 
convening this important meeting, so that we can exchange views towards continuing the work and 
discussion in the Council . We remain available for that , in any format .  
Resumption of  the Council for TRIPS on 16 December 2021  
 
Argentina  
Argentina appreciates the proposal submitted in 2020 and, from the outset, expressed its 
support therefor, on the understanding that the spe cial situation resulting from the pandemic 
requires us to consider tools other than those existing under the TRIPS Agreement.  
Argentina has also expressed its firm belief that intellectual property rights should not be an 
obstacle to the protection of publ ic health. In this regard, the Doha Declaration on the 
TRIPS  Agreement and Public Health states that the "Agreement can and should be interpreted and 
implemented in a manner supportive of WTO Members ' right to protect public health and, in 
particular, to promote access to medicines for all. " IP/C/M/103/Add.1  
 
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In Argentina 's view, the waiving of intellectual property rights should be considered an 
extraordinary measure of global solidarity – one that seeks to effectively  combat the COVID -19 
pandemic by scaling up the production and enhancing the diversification of countries that produce 
vaccines, treatments, and essential medical goods to tackle COVID -19. 
During this year of discussions, we have heard polarized opinions f rom Members, but firmly 
believe that, taking into account the impetus given to these discussions by the suspension of MC12 
for health reasons, this is an optimal time to find common ground to reach an agreement.  
Argentina therefore joins the co -sponsors of  document IP/C/W/669/Rev .1 and is fully 
supportive of the flexibility we need to find the common ground that will enable us to move forward 
in text -based negotiations. We will continue to work actively with the membership to reach this point 
as soon as possible.  
South  Africa  
Our delegation would like to congratulate and thank Argentina for becoming the latest 
co-sponsor of the TRIPS Waiver Proposal.  
The emergence of the Omicron variant is precisely the consequence th at the co -sponsors have 
warned of since document IP/C/W/669  was originally submitted in October 2020. This notion was 
echoed by Prof Stiglitz yesterday in The Guardian when he wrote, "imagine that the WTO waiver had 
been granted a year ago when it was first proposed: there would be fewer inf ected people, fewer 
hospital patients and fewer deaths today, especially in developing countries and emerging 
economies ". 
We call on all Members that have not already done so to join the co -sponsors in bringing about 
the only WTO measure that can contribut e to the much needed ramping up and geographical 
diversification of production.  
In the early 2000s, a small minority of Members chose to uphold intellectual property 
monopolies rather than prioritizing human lives. In the end, they came around to the growi ng global 
consensus that a waiver was required to ameliorate IP barriers to accessing HIV/AIDS treatments. 
However, they did so belatedly and for that, history has not looked favourably upon them. We urge 
all Members to heed the lessons of the past. Only 6 % of the African continent has been vaccinated. 
As long as the TRIPS waiver continues to be denied, augmentation of production will not happen in 
any significant way and vaccine inequity will result in new variants and strains of the virus that can 
have a devastating global impact on sustainable economic recovery.  
We remain ready and flexible to find a landing zone that fulfils the objectives of the waiver, 
including elements advanced by the European Union. We reiterate that overcoming the binary 
between th e two proposals is critical for any forward movement on this issue. Finally, on the way 
forward, we need to move to text -based negotiations. In our view, it is negotiations that lead to 
convergence and not the other way around.  
Mozambique  
Mozambique would like to echo what Argentina and South Africa announced.  
At this stage of the pandemic, we all are aware that the only way to stop it is to apply the full 
range of measures, including mass immun ization through mass vaccination. We think that we should 
start to discuss the text and negotiate the content.  
European Union  
The European Union continues to be strongly committed to achiev ing our common goal of 
ramping up and diversifying production of COVID -19 vaccines and medicines, and to ensure global 
equitable access to these products.  IP/C/M/103/Add.1  
 
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We consider that the WTO must find a consensus on the comprehensive trade response to the 
COVID -19 pa ndemic as soon as possible. The postponement of MC12 does not affect our efforts and 
the ongoing work with other Members to arrive at such a solution.  
The bottlenecks to COVID -19 vaccine production and its diversification have been long 
identified. Limited  manufacturing capacity, restricted access to raw materials and other inputs as 
well as complex supply chains are the main bottlenecks as regards the production and distribution 
of COVID -19 vaccines. Trade -related measures, if agreed swiftly, could address  some of these 
bottlenecks and make a real difference.  
Intellectual property is an element to be addressed as part of the comprehensive trade 
response. We believe that it is possible to find a solution on intellectual property that responds to 
the need to increase the production and diversification of production of COVID -19 products, but also 
maintains the protection required for incentivizing technology transfer and investment in research 
and innovation, which are key to combat the new variants of COVID -19, like the one we are dealing 
with currently, as well as other diseases.  
The EU will continue to engage in a solution -oriented manner to find an outcome that makes 
a real difference on the ground, just as we have been over the last couple of months. As dis cussed 
previously, there are areas of convergence that should be further explored to find a meaningful 
solution. We have signalled many times the way to address the concerns that have been voiced in 
this debate via the possibility that the TRIPS Agreement provides for all WTO Members, which is the 
possibility to authorize manufacturers to produce COVID -19 pharmaceutical products without the 
consent of the patent owner.  
This solution would allow WTO Members to authorize a company to manufacture and export 
COVID-19 pharmaceutical products without the authorization of the patent owners in a fast and 
simplified manner. It would also ensure that countries with no or insufficient manufacturing capacity 
do not face any obstacles or legal uncertainty when they impor t these products.  
Over the last week, the EU has participated at ministerial level in a couple of meetings 
facilitated by the WTO with India, South Africa, and the United States. These were followed up by a 
meeting among senior officials. The objective of these meetings was to explore the potential areas 
of convergence and find meaningful solutions that would make a difference on the ground. The EU 
is engaging in this debate in good faith, mostly with a view to help diversify production for the  
COVID -19 pandemic.  
At the same time, we would like to emphasize that non -IP elements of the trade response to 
the pandemic, those concerning matters such as export restrictions and trade facilitation, are crucial 
to reach the objective of equitable access  to COVID -19 vaccines and the diversification of production. 
The work on these elements must continue to address the identified bottlenecks.  
In the TRIPS Council, we currently have two very different texts on the table and still very 
divergent positions am ong Members. In order to advance, we first must find a common ground for 
everyone to work on. The EU has made an effort to identify such common ground, but so far we 
have no indication that it would be acceptable to all Members. This effort must continue u ntil we 
identify the areas of convergence.  
Colombia  
For more than a year we have discussed Members ' responses to the global health crisis and 
the economic consequences of the measures taken to co ntain the COVID -19 pandemic. However, 
we have not yet managed to reach agreement on temporary intellectual property provisions that 
underpin a prompt solution to the pandemic, because countries ' differences and positions have 
remained entrenched for more than one year.  
On this occasion Colombia would like to clarify its perspective and express its position with 
regard to the discussion.  
First, without prejudice to the enforcement of intellectual property rights protection and 
investments made and being made in this area, Colombia expresses its support for the temporary IP/C/M/103/Add.1  
 
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  lifting of patent protections for COVID -19 vaccines and their inputs. It is important to have a waiver 
for vaccine patents as part  of a set of tools that also includes the expansion and decentralization of 
manufacturing centres for biological products around the globe, and a technology transfer system 
that will enable us to effectively address this pandemic and the next crises.  
Colom bia will actively participate in the discussion and agreement on the mechanisms for the 
temporary patent waiver. We will urge all Members and will work to find a way for them to move 
past their entrenched positions and advance constructive dialogue, with f lexible positions, to seek a 
coordinated, satisfactory, timely and necessary response.  
Second, Colombia reiterates its well -known position against the imposition of restrictions on 
exports of vaccines and their inputs. These elements together are key to an  effective and coordinated 
response to the pandemic.  
Pakistan  
At the outset we wish to join others in welcoming Argentina and thanking them for 
co-sponsoring the TRIPS Waiver Proposal. We look f orward to working with them closely on this 
matter. We also wish to echo the statement made by South Africa and any others that will be made 
on behalf of the co -sponsors.  
We note that recent developments are further substantiating our fears about the pande mic, in 
that it is not relenting and will not do so unless we are able to provide vaccines and necessary 
products equitably to all across the globe. For years now we have been protecting through the 
TRIPS  Agreement the rights of private monopolies on such products, without any reciprocal 
obligations on the part of those monopolies to be accountable in times of such global emergencies. 
It is about time we placed the value of human lives ahead of exorbitant monopolistic profits.  
We understand that a high -level political engagement is taking place on the issue to find 
possible ways forward. So far, our delegation is still waiting to hear an outcome on that engagement, 
and we continue to await that news.  
In the meantime, at present, we reiterate our call for a m eaningful text -based negotiation, 
which is the only way to move forward on this issue, or any other, to find consensus. The text is 
there, and we have indicated that we are willing to engage on it. We have waited since May, when 
we received no objection to  such an engagement on that text, and we continue to await honest, 
solution -finding engagement on that text from a few delegations to find consensus. We have also 
indicated that we are willing to discuss, along with the waiver text, any other proposals tha t are 
complementary to that text. We look forward to fruitful discussions in the coming days.  
Brazil  
We want to thank the Chair and the delegations of South Africa and the European Union for 
report ing on their recent consultations. It has been reported in the press that the ministers of 
South  Africa, India, the United States, and the European Union met virtually late last week, following 
an invitation by the Director -General, to discuss a way forwar d in the TRIPS waiver discussions.  
I believe we all share the view that an open, inclusive, and transparent dialogue on this issue 
is the best policy to bring us closer to a solution. My delegation would kindly invite the delegations 
that participated in l ast week 's discussions to report on the conversations held, for the sake of 
transparency and inclusiveness. Considering the format of discussion, my delegation would also ask 
the participants if they are aiming for a plurilateral arrangement for the intell ectual property waiver. 
Brazil is profoundly committed to a result in the IP waiver discussions and is eager to contribute to 
that end.  
In that sense, we would like to echo the Chair 's perception that we need to put on the table a 
text that reflects the cu rrent state of informal consultations, clearly outlining the areas of 
convergence and what still drifts us apart. This would allow us to honour our collective commitment 
to engage in text -based negotiations, and, in my delegation 's view, bring us closer to  a decision on 
this urgent topic.  IP/C/M/103/Add.1  
 
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Australia  
While disappointed that MC12 has been postponed, Australia remains committed to delivering 
a meaningful outcome on the waiver. Finding a solution is v ital and urgent. It is Australia 's firm view 
that intellectual property must not amount to a barrier in the global response to COVID -19. 
A waiver would send a powerful signal of global solidarity and of the WTO 's ability to respond 
to a major global crisis . Australia reiterates our commitment to working constructively to find 
common ground on an outcome as soon as possible. We encourage others to do the same.  
Tanzania on behalf of the African Group  
On behalf of the African Group, I would like to express our gratitude for your continued 
commitment to up the progress on these important two agenda items of the TRIPS Council. We 
would like also to thank you, Chair, for th e updates you just provided on the new developments on 
the agenda items under discussion. Similarly, the African Group welcomes Argentina as a recently 
joined co -sponsor of the proposed waiver.  
The two agenda items are inseparable and must be taken in tand em for a meaningful outcome. 
However, the proposal for a TRIPS waiver for COVID -19 came first, and its discussions were not 
expected to last long, due to the compelling existing pandemic situation.  
The waiver was also not associated with MC12 expected outc omes but rather a decision that 
could have been taken by the General Council, due to its urgent requirement and since it could be 
a perfect contribution of the WTO in curbing the surmounting COVID -19 health challenges.  
Unfortunately, we failed to reach ear ly agreement on the waiver and to date are still engaged 
in philosophical discussions.  Our constituents are wondering what the WTO can deliver urgently and 
meaningfully to its people than a life -saving TRIPS waiver.  
The potential of the waiver to contribut e to the realization of equitable access to 
COVID -19-related therapeutics, vaccines and diagnostics is beyond doubt. As such, it has attracted 
the support of the international community globally, from the range of international organizations 
such as WHO, U NITAID, UNAIDS, UNCTAD, the civil society, trade unions, health workers, world 
leaders, faith leaders, academia, intellectual property and human rights experts and various state 
parliaments. However, with all of these calls and the trust that the waiver ha s gained, there are a 
few Members that still have concerning doubts on the waiver.  
The situation is quite worrying and apparently will not get better soon with the current inequity 
of production and distribution of vaccines, therapeutics, and diagnostics. While the average global 
vaccination rate currently stands around 50%, the reality on the ground in low -income countries is 
gloomy, as statistics stand around 7%, and in Africa much lower, around 6%. With these kinds of 
statistics, it will be impossible to  stop the mutation of the COVID -19 virus and its transmission across 
the globe.  
The emergent new variant, Omicron, is reminding all of us that the monopoly of production 
and distribution of COVID -19-related vaccines, therapeutics and diagnostics will not make any 
country better than others, and instead allows our common enemy, COVID -19, to thrive.  
The African Group once again reiterates its calls to Members with concerns on the proposal to 
reconsider their position and allow line -by-line negotiations t o take place, as agreed in June, with a 
view to finalizing it for adoption.  
To conclude, the African Group would like to once again assure the membership that it remains 
ready and flexible to engage with all Members in finding landing zones on the proposal . 
Bolivia, Plurinational State of  
Bolivia echoes South Africa and welcomes Argentina as a co -sponsor of this proposal.  IP/C/M/103/Add.1  
 
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After a brief period of in -person meetings we have co me back to virtual meetings; that should 
tell us something. It is essential that we reach substantial results. For this we must negotiate based 
on a text in order to find convergence.  
We must focus on proposals that are relevant to this Council instead of repeating mistakes of 
the past, and not allow intellectual property to be an obstacle. They should contribute to help 
increase the production of vaccines and medicines to address the pandemic.  
We reiterate that it is essential that all countries be capable  of finding this urgent solution 
based on the proposed text.  
Nigeria  
We also welcome Argentina as a co -sponsor of the Waiver Proposal . 
It is with great concern that we continue to witness the cont inuous mutations and emergence 
of the latest Omicron variant of the virus. Timely, efficacious and affordable access to quality 
COVID -19 vaccines and products continues to be an issue for more vulnerable countries like ours.  
The mutation capacities of the virus and the difficulties faced by one part of the world in 
combating its spread have further increased the urgency to scale up the production and distribution 
of therapeutics and diagnostics useful in combating the virus.  
Intellectual property rights rem ain a barrier to scaling up manufacturing capacities in 
developing countries of COVID -19 related products. The current vaccine inequity continues to result 
in higher infection rates all over the world.  
In our view, the Waiver Proposal  is sufficient in addr essing some of the concerns raised by 
Members. The duration contained in the Waiver Proposal  indicates that the proposal is not intended 
to apply in an unlimited manner and therefore is restricted to only COVID -19-related products in 
order to mitigate the effects of the pandemic. We urge Members to reach a middle ground with a 
view to attaining convergence.  
Finally, we would like to encourage Members to move to text -based negotiations towards 
finding a multilateral solution to ensure timely, affordable, and  equitable access to vaccines, 
therapeutics, and diagnostics. We remain open and will continue to engage on this issue until a 
mutually beneficial agreement is reached.  
China  
We appreciate the updates made by South Africa, the European Union, and others. We have 
also followed some media coverage on this important issue. It is good to know that recently there 
have been some small group discussions at ministerial level and betwee n experts, and the 
momentum is building for an urgent resolution on the TRIPS waiver.  
After over a year 's discussion on a TRIPS waiver, we have increasingly realized the fact that 
we are all living in a community with a shared future. As the pandemic and its variants keep raging 
across the world, it is vital to ensure that the majority of the global population be vaccinated. To 
that end, Chinese President Xi Jinping has reiterated China 's support to waive intellectual property 
rights on COVID -19 vaccines a t the opening ceremony of the eighth ministerial conference of the 
Forum on China -Africa Cooperation. President Xi also announced that China will provide another 
1 billion doses of vaccines to Africa, among which 400 million doses will be jointly produced by 
Chinese companies and relevant African countries.  
We believe the postponement of MC12 highlights the urgency and importance of this particular 
issue. We support the suggestion made by you, Chair, about putting a compromise text on the table 
as soon as p ossible. As always, China will continue to make our utmost efforts and due contributions 
in this regard.  IP/C/M/103/Add.1  
 
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United States  of America  
The United States continues to hold consultations , in capital. We are also meeting with other 
Members to listen to views and explore ways forward. We are continuing to engage with Members 
to look for areas of convergence that could lead to a solution.  
New Zealand  
The emergence of the Omicron variant has again highlighted the need for the WTO to 
effectively respond to the COVID -19 pandemic.  
The postponement of MC12 has prevented Members from being able to engage in person and 
agree on the pand emic response and the TRIPS Waiver Proposal. But the postponement serves to 
highlight the need for a robust and timely multilateral response, including the necessity of increased 
production and equitable distribution of COVID -19 vaccines, in addition to br oader supply chain 
issues.  
We support Members ' calls for increased engagement on the waiver in the coming months and 
are open to suggestions for the best means to achieve that. In pursuing progress, we welcome 
updates from those Members most actively engag ed in bilateral discussions on the waiver outcome.  
In order to progress discussions, all Members need to understand the proposed contours of 
potential outcomes explored in those bilateral discussions to be able to effectively engage with their 
domestic age ncies and Ministers. Doing so over the holiday period in the southern hemisphere 
summer will, inevitably, be more challenging, which only further necessitates the need for 
transparency as the discussions progress. New Zealand remains committed to the waive r discussion.  
Norway  
In our view, work should continue in all formats that can bring us closer to consensus between 
WTO Members on these points. We therefore welcome the ongoing talks.  
Although MC12 has been postponed, the COVID -19 pandemic continues and evolves. 
WTO Members need to demonstrate the relevance of the WTO rule book in responding to the current 
and future health crises. The response must be broad and should also address the role of intellectual 
property rights.  
Norway supports your suggestions for next steps as regards a compromise text to be put on 
the table.  
Switzerland  
Since the submission of the TRIPS Waiver Proposal in October 2020, the situation on the 
ground has changed significantly. The main challenges we face today are no longer the challenges 
we faced then. For a fact -based discussion, the TRIPS Council needs to take these developments 
into account. Onl y this way can our work make a meaningful contribution to this Organization 's 
agenda on trade and health.  
Today, manufacturing capacity is at more than 1.5 billion per month, and is still expanding to 
also cover new demand for booster vaccinations. The fou nder of BioNTech, the research and 
development (R&D) company of one of the most effective COVID -19 vaccines informed last week 
that Pfizer/BioNTech alone will increase its production to more than 4 billion per year.  
Today 's key challenges that remain are t he equitable distribution of vaccines produced; vaccine 
hesitancy, including in developing countries; but also ensuring that vaccines delivered will actually 
be brought to those willing to get vaccinated, including in Africa, where vaccination rates are st ill 
lowest compared to other regions of the world.  
In the short term now, the challenges on the ground are thus logistics to safely store and 
deliver vaccines – this was also mentioned by the head of Africa 's Disease Control Body. 
Furthermore, to enhance v accine confidence, human resources, data, and analytics as well as local IP/C/M/103/Add.1  
 
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  planning are key. This includes launching mobile vaccination sites for hard -to-reach and rural 
populations; assisting countries in vaccine policy making and planning for strategic hea lth care 
worker and resource deployment; and supporting the development of health information systems to 
better evaluate vaccine distribution equity and monitor vaccine safety.  
A TRIPS waiver and the suspension of the TRIPS Agreement, as proposed in 
docume nt IP/C/W/669/Rev.1 , will not assist us in mastering any of these challenges. On the 
contrary.  
We have heard that the underlying concern and goal of many delegations supporting the TRIPS 
Waiver Proposal is to improve and promote local and regional vaccines and therapeutics produc tion – 
to be better prepared for a next pandemic. This is a legitimate goal and one that my delegation 
shares. This goal, however, can only be achieved successfully within the existing WTO regulatory 
framework – and not by suspending it.  
Agreements reached  between Rwanda and Senegal and the company BioNTech, to start the 
production of mRNA vaccines as early as next year, as well as the mRNA tech transfer hub set up in 
South Africa by the World Health Organization, highlight the importance of partnerships to  develop 
vaccine production in all regions of the world. My delegation has pointed out earlier that the 
TRIPS  Agreement and intellectual property rights are bridge builders for such partnerships.  
This is where the WTO can provide and is providing support b ased on its reliable and safe legal 
framework – and not by suspending it. Hence, Switzerland remains convinced that the IP system is 
crucial to stimulate innovation, investment, industrial partnerships and technology transfer.  
Moving on to procedural comme nts: text -based negotiations can only bring us forward if they 
build upon a common basis. It requires a common understanding on the approach to follow, and on 
the result to achieve. Discussions since October 2020 have shown that the proposal in 
document  IP/C/W/669 , as revised in May 2021, ca nnot serve as a common basis.  
Text-based negotiations are only useful once a landing zone has been identified and agreed. 
This is not the case yet and we are thus not in a position to agree on text negotiations based on 
document IP/C/W/669/Rev.1 . 
We are a ware that high -level discussions are currently taking place among a very small group 
of Members. While we understand that small -circle exchanges may be helpful, we also believe that 
a transparent process, involving the broader membership, is key to finding  solutions on these 
matters.  
Let me reiterate that Switzerland remains committed to exploring possible solutions. We have 
heard the concerns from some Members that the TRIPS compulsory licensing system would be, from 
their point of view, too complicated fo r a pandemic where swift action is key. We are ready to discuss 
how to clarify or simplify the use of this tool, or the support that some Members may need in 
implementing it, so that it can provide an effective response to the COVID -19 pandemic.  
Switzerlan d is ready to be constructive and pragmatic, and to examine with an open mind any 
new proposal that may be made.  
Indonesia  
Indonesia aligns itself with the statement by South Africa and other co -sponsors of the 
TRIPS  waiver. We would also like to take this opportunity to welcome Argentina as the newest 
co-sponsor of the TRIPS waiver.  
It is regretful that MC12 has been postponed. However, we share the view of many Members 
that the work of the WTO,  particularly on the TRIPS waiver, must continue. Now, more than ever, 
we need to have an outcome to send a clear message to the world that the WTO is still relevant and 
can deliver a meaningful and credible outcome.  
At the risk of repeating ourselves, we would like to urge Members to show good faith and 
engage constructively on the TRIPS Waiver Proposal, which has been tabled for over a year. We IP/C/M/103/Add.1  
 
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  would like to emphasize that it is not necessary to have a consensus on a draft text from the 
beginning, as othe rwise we would not need to negotiate it at all. It has been the practice of this 
Organization, very much in line with other international organizations, that negotiations can take 
place on a draft text without prejudice to the outcome. Simply refusing to d iscuss a draft text goes 
against the principle of good faith.  
The reality is that vaccine inequities persist, and the fact that we are now back in full virtual 
mode shows that the situation is not improving. In the case of Indonesia, despite the fact that  we 
have obtained 243 million doses of COVID -19 vaccines, this only accounts for 36.7% of our total 
population, which is fully vaccinated.  
As such, we would like to once again urge Members to go into text -based negotiations involving 
the broader membership  so that this Organization can deliver on this very urgent issue for which 
the world is still struggling for a solution.  
India  
First let me extend a warm welcome to Argentina as our latest co -sponso r and thank them for 
joining us. With this, we have the strength of 65 co -sponsors behind the proposal. I also take this 
opportunity to thank Colombia and other Members who have been unequivocally supporting the 
proposal and would urge them to join as co -sponsors.  
It is highly unfortunate that over 5 million lives have been lost while we are still amidst 
discussions on the Waiver Proposal . The new Omicron variant that resulted in the postponement of 
the much -delayed MC12 tells us that unless the problem of inequity and access are resolved, we will 
continue losing more people. This will undo all the solutions that have been designed to combat the 
virus. Protection in the developed world too will wane, as uncertainties remain regarding the efficacy 
of existing  vaccines as well as booster doses against the new variant. Therefore, this has proved 
beyond doubt that a programme needs to be rolled out within the coming two quarters to vaccinate 
75% of the world 's population, and thereby reduce the risk of emerging v ariants and mutations.  
The economic recovery too will be impacted due to the new variant as new restrictions and 
measures are being put in place. This will further hit the services sector, which is yet to recover from 
the downslide due to the pandemic.  
It is therefore urgent that we enter text -based negotiations to be able to reach a decision on 
the waiver at the earliest. The co -sponsors have engaged constructively with the membership and 
remain committed to working towards finding an effective outcome on this proposal. In this regard, 
we are committed to work right until the winter break, even during the break if required, and beyond. 
Further, India has also proposed that a virtual Ministerial Conference on the TRIPS Waiver Proposal 
should be held as soon as possible to deliver an outcome on this issue. In these uncertain times, an 
outcome on the TRIPS waiver would provide the world with an effective response to the pandemic; 
it would also reinstate the credibility and relevance of this organization.  
South Africa  
Our delegation would like to apprise Members, as some delegations have asked us to do, and 
in the interest of transparency, that South Africa has been one of the Members that has been 
involved in the discussions at the political level which are aimed at identifying areas of convergence. 
The discussions are, as indicated, just of an exploratory nature in order to identify areas of 
convergence. Our delegation has yet to be debriefed on the content and outcome of these 
discussions and will apprise the membership at the appropriate time.  
One delegation asked specifically if there is an intention to arrive at a plurilateral instrument 
– certainly not. Our delegation has always remained c ommitted to multilateralism and that certainly 
has not changed. It is for this very reason, of course, that we have embarked upon a waiver, which 
is provided for under the Marrakesh Agreement, a multilateral instrument within the existing WTO 
framework. Ce rtainly there is no intention to depart from that.  IP/C/M/103/Add.1  
 
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European Union  
Just to follow up on this clarification that we heard from the distinguished delegate from 
South  Africa, I would like to al so clarify in response to the question from Brazil that there is no 
intention on our part to arrive at a plurilateral outcome. Of course we are working towards a 
multilateral outcome. This is what is important to the European Union, and it is in this conte xt that 
we have engaged in the discussions that South Africa also referred to.  
United Kingdom  
Throughout the pandemic our top priority has been to save lives. We firmly believe that the 
best way to do this is to support the world 's leading scientists to continue developing innovative 
products, especially vaccines, at an unprecedented pace, to help contain, treat, and prevent 
COVID -19 and to ensure the dissemination of that innovation.  
It is evident from the over 300 vaccines in clinical and pre -clinical development and the 
300 plus successful licensing partnerships that the continued innovation of health products and 
technologies and their dissemination across the world is enabled by the inte rnational intellectual 
property framework. This framework provides innovators the confidence to invest in developing 
health products and to form these collaborative partnerships, which benefit all.  
Ongoing uncertainties regarding emerging new variants only  underline the vital ongoing 
importance of innovation in the fight against this and future crises.  
Since the Waiver Proposal  was originally submitted in October 2020, when a COVID -19 vaccine 
did not exist and supply was the immediate issue, there has been a persisting divergence of views, 
which has continued, including after the proposal 's update in May 2021. In recent weeks, the 
United  Kingdom has held a series of bilateral engagements with a broad range of Members on this 
file to try to understand current  views.  
However, it remains evident that consensus does not yet exist on a way forward and certainly 
not on a broad scope IP rights waiver, as presented in document IP/C/W/669/Rev.1 . 
It was also evident in our consultations that there are a wide range of views as to the 
implement ation and effect of a TRIPS waiver, with many Members being convinced or acknowledging 
that a TRIPS waiver would not increase the number of vaccines reaching people 's arms. Further, 
many delegations point to the risks a TRIPS waiver would carry for this an d future pandemics. I 
would like to reiterate that the UK is one of those Members.  
On this basis, the UK does not see how text -based negotiations based on 
document  IP/C/W/669/Rev.1  could lead to consensus, solutions, or pragmatic outcomes. Until we 
achieve a meeting of minds on fundamental parameters, we are bound to continue our work to 
convince and persuade. As made clear in the G7 Trade Ministers ' communiqué, "we are determined 
to achieve a multifaceted outcome on trade and health as the response by the WTO to the COVID -19 
pandemic, including how the international IP framework can best support the pandemic response ". 
We must continue to engage on viable options, which have a hope of reaching consensus and that 
realistically reflect the current situation, as soon as possible. For the UK, these viable options include 
voluntary licensing and transfer of technology.  
We understand that a DG -lead process external to the TRIPS Council is currently ongoing with 
the involvement of a select group of Members. As we have listened to a wide range of positions and 
views expressed over the past months, we would caution against any process which omits taking 
such views into account or which discuss es elements previously not debated.  
We would like to thank Members for their sustained engagement. Whilst views may differ, 
there is a shared aim of preventing, treating, and containing COVID -19. The UK will continue to 
engage constructively to achieve thi s end.  IP/C/M/103/Add.1  
 
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  15  INFORMATION REQUEST UNDER ARTICLE 63.3 - REQUEST BY THE EUROPEAN UNION  
European Union  
We have asked for this point to be included in the agenda of today 's meeting in order to share 
information with all Members on the request we made under Article 63 .3 of the TRIPS Agreement to  
one of the core transparency provisions of this Agreement . The European Union attaches great 
importance to the role of the WTO in creating transparency as to world trade rules. Therefore,  the 
European Union on 6 July sent an Article 63, paragraph 3 TRIPS information request to China. The 
request asked for more information on Chinese courts judgements putting in place worldwide 
"anti-suit injunctions. "  
These injunctions instruct patent holders  not to assert their rights in any other court in or 
outside of China. Two judgements specifically barred a right holder from enforcing a European Union 
court decision relating to a European patent. Some of these decisions also contain measures relating 
to initiating court procedures on licence questions and royalty rates. These decisions appeared to 
give a new interpretation to existing laws and regulations.  
Based on its decision in Conversant v Huawei case the Supreme People 's Court published 
"adjudicati on guidelines " as a model for China 's approach to anti -suit injunctions and daily fines. The 
Supreme People 's Court 2020 annual report presented a decision in a case between OPPO Sharp as 
a "big" IP case, remarking this was a big step in "giving further im petus to China becoming a world 
leader in setting intellectual property rights rules. " 
The European Union considers it especially important that Members and right holders can 
acquaint themselves with those decisions that are identified as typical, example cases and the 
guidelines that follow from these. Therefore,  the European Union asked Ch ina questions for 
clarification on these measures, to understand better these decisions and the new approach.  
On 7 September the EU received China 's communication stating that it considers there is no 
obligation under the TRIPS Agreement to respond. The re sponse also stated that the Supreme 
People 's Court case and Guidelines, and the Court cases these referenced, which the EU had asked 
information on have "no legal effect of general application. " I quote. Apparently,  that was considered 
the ground for not p roviding further information.  
According to the European Union reading of the TRIPS Agreement there is an obligation to 
reply under Article 63 .3, which states explicitly a Member should  be prepared to supply the 
information requested. The first sentence of  Article 63 .3 makes clear this comprises regulations and 
judicial decisions of general application. The second sentence of Article 63 .3 makes clear a Member 
should  also be prepared to supply the information requested on specific judicial decisions.  
As any  Member can always direct a request to another Member, interpreting the Article as 
containing no obligation to respond would render the provision meaningless. This conclusion would 
not be in line with the rules on interpretation of the WTO Agreement as set  out by the Appellate 
Body. The European Union would therefore like to express its wish to still receive a written reply to 
the written request it has submitted under Article 63 .3.  
China  
China would like to thank the E uropean Union for the issue raised under Article 63.3 and is 
willing  to discuss relevant issues with Members through proper channels. After a thorough study, 
China has offered a reply on 7 September. Taking this opportunity, we would like to express three  
points:  
Firstly, as a responsible Member , China has always attached great importance to the protection 
of IP rights. We have been improving legislation and enforcement of intellectual property rights 
protection strictly in accordance with WTO rules and China 's com mitments on accession, and notify 
them to the WTO in a timely manner.  
Secondly, China attaches high value to transparency obligations and is constantly striving to 
improve this area. Article  63.3 requires Members to provide further information, but also sets IP/C/M/103/Add.1  
 
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  corresponding conditions. According to relevant rules, we believe the issue raised by the EU is 
beyond the scope of Article  63.3. Although China is not obliged to answer such questions in  
accordance with the rules, we still uphold the principles of good will and transparency and did our 
best to answer these questions.  
Thirdly, we maintain different forms and levels of communication channels with Members 
including the EU to share information  and strengthen cooperation in the field of intellectual property 
rights. In response to this issue, we have expressed our willing ness to continue exchanging views 
with EU through existing channels and would  continue to strengthen our efforts in this regar d. 
United States of America  
The United States supports efforts to promote transparency in the area of intellectual pr operty, 
particularly in judicial systems. The United States supports receiving a full respons e to the 
European  Union 's request for information pursuant to Article 63.3 of the TRIPS Agreement. The 
issuance of anti -suit injunctions in standard essential patent disputes is a new practice in Chinese 
court and not all the relevant legal documents appea r to be published online. It is important to 
increase transparency and predictability by providing information about how Chinese court approach 
and decides such anti -suit injunction cases.  
16  INTELLECTUAL PROPERTY AND INNOVATION: WOMEN AND INTELLECTUAL PROPER TY 
United States of America  
Thanks to the co -sponsors for your willing ness to discuss this  important issue. T he 
United  States looks forward to hearing interventions from other Members as to work being done to 
bring more women into the patent system. The United States recognizes that inclusion of women 
and other underrepresented communities is critical to achieving society 's full innovative and 
economic potential. Part of achieving that inclusion is making sure we have the right data so we can 
take effective action. To that end, the United States Patent and Trademark Office (USPTO)  has 
continued to study the characteristics and trends of patents granted to female inventors.  
In 2020, the USPTO 's Office of Chief Economist published a report entitled Progress and 
Potential: 2020 update on US women inventor -patentees. This report updated 2019 report profiling 
women inventors  on U S patents. The 2020 update improved our understanding of women 's 
participation as inventor -patentees. For the nation, women 's participation as inventor -patentees 
improved. The average women inventor rate for 2007 -2019 was 14.2%, up from 13.6% for 
2007-2016. However, national -level improvements in does not reveal  state level variation in 
women 's participation: about 41% of all US -based women inventor -patentees are located in four 
states: California, Massachusetts, New York, and Texas.  While we have seen impr ovements, it 's 
clear from US and global statistics that women 's innovative potential is underutilized.  
It has also been shown previously that the factors that prevent scientific professionals and 
entrepreneurs generally from becoming inventors disproporti onately affect women. For example, 
prior research has found that female scientists face more difficulty securing funding and are more 
likely to lack social networks that can be critical to patenting and commercializing innovations. There 
are efforts underw ay across the whole of our Government to advance gender equity and equality in 
all aspects of life under President Biden 's March 2021 Executive Order on Establishment of the White 
House Gender Policy Council, which is developing a Government -Wide Strategy to Advance Gender 
Equity and Equality (the "Gender Strategy "). The Gender Strategy would  include a number of pillars 
addressing gender policy issues ranging from education and leadership to economic security, health,  
and safety. The Gender Strategy would  encompass both domestic and foreign policy.  
USPTO, through a D epartment of Commerce  Women 's Economic Empowerment (WEE) working 
group, supports programming and policy development around Women 's Economic Empowerment 
both in the United States and abroad.  For example, the USPTO 's Office of Policy and International 
Affairs provides technical assistance and capacity -building  to developing countries, including 
intellectual property and trade education for women in science, technology, engineering, and math, 
and science, technology, engineering, the arts, and math (STEM/STEAM) and innovation. 
Program mes are executed in partners hip with sister capacity -building  donors in the Commercial Law 
Development Program and regional desks of the International Trade Administration.  IP/C/M/103/Add.1  
 
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Internally, USPTO 's Office of Equal Employment Opportunity & Diversity markets senior 
executive preparation programmes to women and Members  of other underrepresented groups. 
Domestically, the USPTO builds and supports the STEM/STEAM pipeline through its Offices of 
Innovation and Education, focusing on encouraging women and girls to pursue and advance in 
STEM/STEAM careers and holding an annual Women 's Entrepreneurship Symposium.  The USPTO 
holds an annual Women 's Entrepreneurship Symposium which offers attendees a chance to learn 
about innovation and business from public and private sector experts. At the symposium, attendees 
have the chance to learn about navigating today 's changing marketplace, explore ongoing efforts to 
bring women into the innovation ecosystem, hear from senior USPTO officials and other IP experts, 
and discover educational opportunities for girls and women in computer science, invention, and 
science, technology, engineering and math, other fields.  
USPTO looks to promote inventive activity to diverse and underserved audiences; design or 
modify resources for novice users and micro -entities; make int eractions with underserved users 
accessible and sustainable; and encourage patenting and trademarking by women and minorities at 
IP-intensive firms. The Small Business Administration (SBA), the Copyright Office, and USPTO work 
together to conduct domestic educational programmes about the importance of intellectual property 
in business for women and other underserved groups and welcomes additional cooperation 
opportunities.  
In conclusion, the United States understands that more needs to be done to encourage  the 
next generation of women inv entors and is committed to advancing equality for women in innovation 
for the benefit of all.  
European Union  
The EU delegation is pleased to co -sponsor this agenda item together with the delegations of 
Australia, Japan, Switzerland, Chinese Taipei, the United Kingdom, and the U nited States. We thank 
in particular the US for the active role in the drafting of the document submitted  this time to the 
TRIPS Council. For the EU, the promotion of gender equity and equality and women 's rights are not 
only a core value but smart economics. When women have access to resources and opportunities 
and participate on an equal footing in economic life, including inno vations, it both benefits women 
themselves, and also contributes to economic growth.  
The EU invests not only in research but also in gender -sensitive innovation systems to ensure 
that the benefits from research are available and accessible to both men and women. This means 
that men and women participate equally in the innovation systems in different capacities: as 
researchers, extension workers, decision makers and beneficiaries.  We know that gender diversity 
is essential for creativity and innovation but w hile more and more women are reaching senior levels 
in science and engineering, the aspiration of reaching gender equality is not yet fulfilled.  
There are still critical barriers and constraints to the recruitment, retention,  and advancement 
of women in t he European scientific system  and in the world as well . This gender segregation has 
its roots in the subject choices made by girls in secondary schools and in university, but also female 
graduates often opt out of science after they have completed a PhD. The "She Figures " publication 
is the main pan European source of comparable statistics on the state of gender equality in research 
and innovation.  As the US colleague mentioned, statistics are very important.  
"She Figures " highlight in 2020 that:  
a. women occupy only 24% of top academic positions ; 
b. women are still  under -represented in the STEM fields ; and  
c. women represent less than 10% of patent holders . 
On top of these figures, data shows also that only 15% of innovative start -ups are founded or 
co-founded by women, and a mere 6% have all -women founding teams. These women -led 
businesses raise less venture capital than their male -only counterparts, including at the vital 
early-stage investments and the amounts that they raise tend to be lower. Across Europe only 
around 5% of venture capital goes to mixed t eams and only 2% to all -female teams. Many structural 
barriers to gender equality in research and innovation persist which results in an 
under -representation of women among right holders . That is the observation we can make.  IP/C/M/103/Add.1  
 
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  EU Actions  
The EU works on find ing effective mechanisms to make science and technology more attractive 
to young women and to encourage workplace environment and institutional practices that value the 
participation of girls and young women in the field of science and technology jobs. The  European 
Commission addresses the barriers through  the main funding instrument Horizon 2020 and Horizon 
Europe, the next Framework Programme for Research and Innovation (2021 -2027) including the EU 
Prize for Women Innovators and,  within the European Resea rch Area in collaboration with Member  
countries (EU MS and other European countries, including EFTA) and research organisations  as well . 
The European Union Intellectual Property Office (EUIPO)  has also launched a Study on the role and 
involvement of women in the community -based industries related to IPR in ASEAN and Spain has 
developed programmes to promote female digital entrepreneurship and innovative entrepreneurship 
of women.  
Horizon Europe  
With Horizon Europe, the Commission reaffirms its commitment t o gender equality in research 
and innovation which results in more right -holders ' women. The legal base sets gender equality as 
a crosscutting priority and introduces strengthened provisions. There are three  main levels at which 
gender equality is consider ed in Horizon Europe  having a Gender Equality Plan (GEP) in place 
becomes an eligibility criterion for certain categories of legal entities from EU countries and 
associated countries  the integration of the gender dimension into research and innovation cont ent 
is a requirement by default, an award criterion evaluated under the excellence criterion, unless the 
topic description explicitly specifies otherwise  increasing gender balance throughout the programme 
is another objective, with a target of 50% women in  Horizon Europe related boards, expert groups 
and evaluation committees . 
Furthermore, specific funding is dedicated to gender and intersectional research, in particular 
in the programme Culture, Creativity and Inclusive Society, to developing inclusive gender equality 
policies in support of the new European Research Area.  Horizon Europe has recently launched a 
scheme 'Women TechEU ' which is currently open with a deadline next 10 November.28  
EU Prize for Women Innovators  
The EU Prize for Women Innovators celebrates the women entrepreneurs behind 
game -changing innovations. The prize is funded under Horizon 2020 , now Horizon Europe, the EU 
research and innovation programme.  In doing so, the EU seeks to raise awareness of the need for 
more women innovators and  create role models for women and girls everywhere. In 2020, 
Madiha  Derouazi (Switzerland), founder and CE O of Amal Therapeutics, a company developing 
therapeutic cancer vaccines and Maria Fátima Lucas (Portugal), co -founder and CEO of 
Zymvol  Biomodeling, a company developing computer -designed industrial enzymes by applying 
molecular modelling were awarded.  
European Research Area (ERA)  
Gender equality in research and innovation is a priority of the European Research Area (ERA). 
The recent communication on th is ERA includes a common action between the EU, EU countries and 
countries associated with Horizon 2020, to strengthen gender equality provisions. Action 12 asks 
the EU and EU countries to develop concrete plans to promote gender equality, diversity, and 
inclusiveness in science, research, and innovation . The European Commission has set three  
objectives to wo rk with EU countries and foster an institutional change : 
a. gender equality in scientific careers ; 
b. gender balance in decision making ; and  
c. integration of the gender dimension into the content of research and innovation . 
The ARISE Plus Intellectual Property Rig hts (ARISE+ IPR) programme is one of the components 
under the Enhanced ASEAN Regional Integration Support from the European Union.  
 
28 https://eic.ec.europa.eu/eic -funding -opportunities/european -innovation -ecosystems/women -
techeu_en  IP/C/M/103/Add.1  
 
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  Spanish Example  
One Spanish Programme consists in a new line of financing aimed at promoting innovative 
entrepreneurship by women. This measure is managed by the CDTI ( Centro para el Desarrollo 
Tecnológico Industrial ). Recently established companies, whose promoter team is made up of 
women in at least 51% and whose capital stock is in the hands of women in at least 51% at the end 
of the project, would  be able to access these grants.  Furthermore, ICEX España Exportaciones  e 
Inversiones  created a platform with the aim of providing female entrepreneurs, businesswomen  and 
managers with access to training, advisory services, information,  and other available resources to 
support their international project, including IP valoris ation.  
There are many examples in the EU from Germany, in France, in Poland and other countries. 
I am still available to explain more on the support, EU Member States and the EU brings to these 
problematic and issues.  
Chile  
Firstly, we would like to thank the co -sponsors for putting this important matter on this 
Council 's agenda . For Chile, it is important to reduce the gender gap in all areas of society, with the 
objective of incentivizing the country 's sustainable development, as well as innovation and social 
welfare.  In the area of intellectual property (IP), we recognize that men and women have the same 
potential for creativity and innovation, yet women continue to be under -represented in  a number of 
areas of IP. As a country, we are therefore seeking to integrate the gender perspective into all 
technical and institutional processes, with the aim of achieving gender equity so that women and 
men benefit equally and in order to prevent the c ontinued perpetuation of this inequality.  
With the aim of reducing this gap and showing how Chile has implemented the gender 
perspective in intellectual property and innovation, we must mention that the National Institute of 
Industrial Property (INAPI) has created the Gender and Industrial Property Strategic Committee. 
The purpose of this Committee is to position INAPI as a key player in promoting gender equality and 
as an instigator of the design of public policies that drive the increased parti cipation of women in 
the innovation ecosystem through the strategic use of industrial property.  
One of the activities of note is the creation of a public -private roundtable on gender in industrial 
property. In April this year, this initiative resulted in t he first lines of work being charted to promote 
the use of industrial property by female entrepreneurs and inventors and to increase the visibility of 
the contributions they are making in various fields of the national and international ecosystem. This 
is being achieved through numerous outreach and cooperation activities, such as the development 
of projects that promote the growth of advanced human capital through mentoring and training and 
through potential grants for strategic legal advice, especially de signed for female entrepreneurs 
seeking to scale up their businesses and enhance their respective brands.  
Moreover, INAPI has made valuable progress in collecting and analysing data relating to 
gender inclusion and industrial property matters, publishing t wo gender reports, one on trademarks 
and the other on patents. The first report was published in March 2021 and revealed an increase of 
101% in trademark applications filed by women in 2020, while the second report, published in 
November 2020, revealed tha t 67% of female inventors come from universities. Innovations linked 
to pharmaceuticals and biotechnology were the most common, which highlights the increasingly 
active role played by women in the patent system at the national level.  
In addition, in June 2021 saw the official launch of the Latin American Network of Intellectual 
Property and Gender, which is an initiative spearheaded by the IP offices of Peru, Costa Rica, 
Colombia and Chile with support from the World Intellectual Property Organization (WIPO ). 
In the area of copyright, the Intellectual Property Rights Department (DDI) has published two 
studies on this subject. The first one was aimed at shedding light on the historical registering 
behaviour of women in the country from the end of the 19th cen tury until 2010, with the objective 
of providing an overview of the presence of women in the national creative industry. This showed a 
gradual trend towards a proportional increase of 10% in the registrations carried out by a female 
right holder. The secon d study, prepared in collaboration with the Ministry of Culture, Arts and 
Heritage and the National Institute of Statistics, provided statistical information on various 
categories of cultural domains related to creative digital industries, which is an impo rtant input for IP/C/M/103/Add.1  
 
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  generating data that allows for an understanding of the current economic, social,  and cultural 
phenomena from a gender perspective.  
In the same context, with the objective of promoting a more progressive and inclusive 
international trade po licy in order to ensure that the benefits of trade and investment are more 
widely distributed, thereby having a positive impact on economic growth,  and reducing inequality, 
the Under -Secretariat for International Economic Relations has established the Depa rtment of 
Inclusive Trade. The aim of this is to promote international trade that addresses matters such as 
gender; micro, small and medium -sized enterprises (MSMEs); and indigenous peoples in 
international trade. In this context, public -private roundtable s are currently being held in order to 
comprehensively address issues relating to SMEs, gender,  and indigenous peoples, in which one of 
the key pillars under consideration in the discussion is intellectual property.  
We hope to continue hearing of the acti vities undertaken by other Members, with a view to 
learning about their experiences so as to identify new initiatives that can be adapted to Chile 's 
situation.  
United Kingdom  
The United Kingdom would like to thank the U nited States for their paper on Women and 
Intellectual Property. We are pleased to co -sponsor the paper as the UK acknowledges the 
importance of fostering opportunities for gender equality; empowering women and girls  as 
innovators and creators; incorporating a gender perspective into IP policies and promoting an 
inclusive IP system accessible to all including other underrepresented groups. We are also pleased 
to note WIPO 's work and ongoing commitment to promoting gen der equality and diversity.  As well 
as increasing women 's participation in the IP system we also recogni ze the valuable contribution, 
undertaken by women, particularly those working in science, technology, engineering, and 
mathematics (STEM) industries, an d the significance of this work to policymakers due to the current 
underrepresentation of women within science and technology.  
The representation of women within the STEM fields is of great importance to the UK 
Government. Bridging gender gaps in IP and in creasing the participation of women and girls can 
only enhance and increase innovation to tackle some of the major issues that humanity and the 
world face.  We have seen this demonstrated in recent times, as the pandemic has brought to the 
forefront many fe male inventors in particular, Professor Sarah Gilbert, who led the 
Oxford/AstraZeneca team of researchers in developing their vaccine.  In the UK, the Government 
Office for Science, supported by organisations such as Innovate UK and the Royal Academy of 
Engineering have for years worked hard to inspire girls and women to study and build careers in the 
STEM fields.  
Statistical surveys from these bodies highlight the impact of their work within the education 
sector with the number of females attaining STEM hig her level qualifications increasing. For the first 
time ever, there are more than one million women working in core STEM roles across the UK.  The 
UK Government has published a roadmap to improve gender equality that projects that reducing 
gender gaps in ov erall labour market participation, wages, and STEM qualifications could increase 
the size of the economy by as much as GBP 55 billion by 2030. Among their plans for change, they 
have invested in programmes to increase the participation of women in STEM sub jects.  
The Intellectual property office of the UK (IPO) also has an important role to play and is 
committed to increasing women 's participation in IP and improving gender equality within STEM, the 
IP profession,  and the IPO itself.  The IPO continues to fin d innovative ways to invest in the STEM 
pipeline and increase the number of girls taking STEM subjects in primary and secondary schools. 
As well as working in universities to increase awareness of the IPO as a diverse STEM employer.  The 
IPO is working with  "Code First Girls " to increase participation in the tech industry by providing cost 
free training to women and non -binary people, to improve the skills and space for them to become 
established developers and future leaders.  
The IPO has introduced a STEM R eturner 's scheme offering work placements at the IPO along 
with mentoring and training to help women return to STEM after time away.  The IPO works closely 
with the UK IP attorney profession as part of the "IP inclusive " network, including its Women in IP 
community, to raise the awareness and effectiveness of diversity and inclusion.  The IPO 's focus on IP/C/M/103/Add.1  
 
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  recruitment in our Patents areas has seen almost equal numbers of men and women securing 
permanency.  Over the last two years the IPO has received significant recognition for its inclusive 
culture including amongst others: top 10 placement in the UK -wide Top Employers for Working 
Families Index for two consecutive years; and silver standard in the gender equality charity Chwarae 
Teg's Fair Play Employer benchmar k which identifies barriers in recruiting, retaining and  progressing 
women in the workforce.  
The UK is keen to continue to work with others to promote and facilitate an inclusive IP system 
accessible to all. The UK would like to respond to the paper 's question asking, "What measures, if 
any, have proven useful for the support of women entrepreneurs in participating in the IP system? ". 
The UK scores highly in international indexes of female entrepreneurship which assess 
environment, ecosystem,  and aspi rations. An innovation -friendly business environment, universal 
education, small -and medium -enterprise (SME) training programmes and a high level of acceptance 
of women in business help contribute to high UK ratings.  
These positive results reflect a range of efforts over the past 15 years by the UK Government 
to foster female entrepreneurship, starting with its Strategic Framework for Women 's Enterprise in 
2003. More recently, in 2013 the Government launched its Women and the Economy action plan, 
which pled ged to improve advice and support for women entrepreneurs, including those with caring 
responsibilities. In 2014 the government 's Business is Great website was expanded to include advice 
for women looking to start, grow or accelerate their businesses. Furt her initiatives followed the 2015 
Burt report by the Ambassador for Women in Enterprise, including mentoring events aimed at 
women and extension of tax -free help with childcare costs to the self -employed.  
In conclusion, the UK hopes this discussion can imp rove and shape policy development and 
identify practical steps to advance the participation of women in all aspects of intellectual property, 
and by extension unlocking "access to " the commercial and economic successes of their innovations, 
designs,  and cr eations, and we look forward to hearing about other Members ' experiences.  
Chinese Taipei  
We would like to thank the United States for preparing the paper that we are happy to 
co-sponsor. Globally, female participation in the field of intellectual property is generally lower than 
that of men, with the gender gap in patenting being the largest. Our data shows similarity in the 
scale of gender disparities in IP. To illustrate, among our  new patent applications filed by natural 
person resident applicants in 2020, 83.78% were filed by men while 16.22% were filed by women, 
revealing a significant gender imbalance. However, although the number of female patent attorneys 
is substantially less  than that of male practitioners, the younger the age group, the smaller the 
gender gap. For example, the female percentage of patent attorneys over 51 years old is 6%, but 
that of the age group between 21 and 30 is 34%. In addition, the overall female per centage of 
patent attorneys has followed an upward trajectory in the past decade.  
To encourage the participation of outstanding female inventors in R&D and creative activities, 
teams with female participants are given extra points in written material revie ws at the Innotech 
Expo. Performance on the "gender -friendly index " is also a judging criterion. This evaluation criterion 
not only encourages the invention competition participants to create submissions that carry forth 
the spirit of gender equality but a lso aims to elevate the entries to a higher purpose of "gendered 
innovations. " In addition, in order to promote the concept of intellectual property rights protection, 
we have also actively invested in education and awareness activities by regularly holdin g various 
information sessions on intellectual property laws as well as talks of cultural and creative themes 
and continuously encouraging female participation through official websites and social media 
platforms, aiming to create a gender -friendly intelle ctual property environment.  
We are also actively promoting the concept of gender equality in education and committing to 
encourage inclusion of women in the technically oriented "STEM " occupational fields, including 
actively nurturing female talents and pushing for participation in research and technological 
innovation in the scientific field through establishing a foundation in education.  We endeavour  to 
effectively promote women 's par ticipation in the intellectual property field and facilitate female 
economic empowerment. This would  be the direction we strive to move towards in the future; all 
suggestions and experience sharing from Members  are welcome.  IP/C/M/103/Add.1  
 
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Japan  
The delegation of Japan appreciates the delegation of United States of America for introducing 
our concept paper. As stated in our concept paper,  document  IP/C/W/685 , encouraging women 's 
participation in the IP system can open doors to financing, growt h of a business, and further 
opportunities, and also benefits society in knowledge sharing and fostering innovation. Taking this 
opportunity, the delegation of Japan would like to briefly introduce  a branding project in Kenya, 
which was financing came from  Japan Funds -in-Trust as an effort relative to this  agenda  item, 
"Women and IP ". 
This is the project to support a community of women basket weavers in Kenya 's Taita Taveta 
County in acquiring a collective mark for basket which made of fibres  derived from s isal plant. This 
project was implemented from 2016 to 2017, and led by WIPO, in cooperation with the Japan Patent 
Office (JPO), the Japan International Cooperation Agency (JICA), the Kenya Industrial Property 
Institute (KIPI), the One Village One Product P rogram (OVOP) Kenya, and the Taita Taveta County 
Government.  A year of work with WIPO and partners is as follows: an association was formed by 
women basket weaving groups from different villages; quality standards were set, and training 
sessions organized; women creators learned about the intellectual property (IP) system, and legal 
and graphic design assistance was provided.  
In addition, the women basket weavers have obtained a collective mark, a tool for branding 
their baskets as an achievement of this project. The "Taita Basket " mark is a strategic IP tool for 
developing their regional brand, which would  allow the basket weavers to command higher prices, 
increase sales and improve their standards of living. Once the quality of the brand is well-known , it 
would  help to justify the fair prices that the baskets warran t, bring more profit to the women 
creators, and improve their quality of life.  In this project, not only did more than 400 women basket 
weavers in Taita Taveta County learn about the IP system, but they also became active users. We 
hope this project would  become a successful example of how to enhance the brand value of African 
products by leveraging IP.  Similar projects have been profiting in Ghana and Botswana that the 
delegation of Japan also looks forward to sharing experiences with other Members . 
The delegation of Japan also looks forward to sharing experiences with other Members . 
Australia  
 Australia would like to thank the United States for preparing this communication and reit erate 
its messages. For Australia, supporting women 's participation and leadership in IP intensive 
industries, as well as ensuring appropriate access for women to IP resources and entrepreneurship 
opportunities, is crucial to promoting the development of I P capacity and a dynamic economy. But 
as the document identifies, more can be done to ensure that we  are harnessing the full value of 
women 's participation in IP intensive industries.  As part of Australia 's commitment to promoting the 
rights of women and girls both domestically and internationally, Australia is already progressing a 
range of initiatives and programmes to promote the participation of women in IP -related industries.  
Domestically, Australia r uns a Women in Science Technology Engineering and Maths (STEM) 
and Entrepreneurship programme,  which supports investment in gender equity initiatives that aim 
for lasting systemic change by eliminating barriers for women 's participation in STEM education, 
careers,  and entrepreneurship, including in IP and innovation intensive industries. Australia also 
supports an Office of the Women in STEM Ambassador, which is a government initiative designed to 
address gender equity in STEM. The Office works with educato rs to challenge gender stereotypes 
and promote inclusive and engaging STEM education for all, as well as bringing cultural change to 
institutions and workplaces to increase participation by women in IP intensive industries . The 
Government also runs a Boost ing Female Founders Initiative, which helps female entrepreneurs and 
innovators overcome the disadvantages faced in getting access to finance and support to grow their 
start-ups, including through targeted financial support.  
Internationally, Australia has  invested AUD 5.8m in the WIPO -Australia Funds -in-Trust 
Program, which supports the development of IP systems and expertise in Indo -Pacific developing 
countries and LDCs. The overarching gender objectives of the programme are to help women become 
innovator s, owners, and users of IP in order to promote their economic empowerment. The 
programme aims to ensure women benefit from improved IP systems by ensuring they become IP/C/M/103/Add.1  
 
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  leaders of, and are active in, IP decision -making processes. Every individual training programme 
would  target a women 's participation rate of at least 40 %. Australia looks forward to further 
engagement in the WTO, including through existing initiatives like the Informal Working Group on 
Trade and Gender as well as in the TRIPS Council, to prom ote greater opportunities for women in IP 
and ensure we  are able to maximise the potential of our IP intensive industries.  
Canada  
Canada would like to thank the United States for drafting t he communication for this  agenda  
item, that Canada is pleased to co -sponsor, as well as other Members that are sharing their views 
on the topic of women and IP. Canada would also be pleased so share some of our recent experiences 
during today 's discussion.  The Government of Canada is committed to fostering gender equality and 
advancing women 's economic empowerment. Over the past several years, Canada has launched a 
number of national strategies to help fulfil those commitments, including the first ever Wome n 
Entrepreneurship Strategy, which is a comprehensive, whole -of government  plan to help women 
grow their businesses through access to financing, talent, networks,  and expertise.  
With respect to IP, Canada recognizes the importance of fostering gender  equality  and 
advancing  women 's economic empowerment in the IP system. Canada is committed to strengthening 
the evidence -base for gender equality and  recognizes the importance of gender equality analyses 
and sex -disaggregated data in responding to the speci fic needs, experiences,  and interests of diverse 
groups of women and girls, men , and boys, and fostering equal outcomes. In 2017, the Canadian 
Intellectual Property Office (CIPO) published a report titled Women 's Participation in Patenting  which 
examines i nternational patent applications filed under the Patent Cooperation Treaty by Canadian 
applicants. On methodology, the analysis leverages work produced by WIPO to develop a gender 
dictionary based on the inventor 's name data field. The report found that Ca nada has seen little 
change in the percentage of female inventors in the last 15 years, even while global percentages 
continue to grow. CIPO continues research in this area to develop a measure  focused on better 
understanding gender distribution in patent activity.  
More recently, in 2019, Statistics Canada, in collaboration with the Department of Innovation, 
Science and Economic Development and CIPO, conducted the IP Awareness and Use Survey. This 
was the first survey of its kind to examine IP in Canada  and would  help to better understand how 
Canadian businesses use IP for economic purposes. In the survey population, 85% of businesses 
reported that the primary decision maker was male, compared to 15% that reported a female 
primary decision maker. However, re latively speaking, there was little difference in behaviour with 
respect to the use of the IP system. For instance, 60% of enterprises with female primary decision 
makers were familiar with IP, in comparison with 57.5% of enterprises with male primary deci sion 
makers. Figures for familiarity with patents were also similar between enterprises with female versus 
male decision makers. In addition , 4.2% of enterprises with female primary decision makers have 
an IP strategy, in comparison with 3.8% of enterprise s with male primary decision makers. 
Moreover, 14.7% of enterprises with female primary decision makers engage in strategic activities 
related to IP, in comparison with 12% of enterprises with male primary decision makers.  
In collaboration with WIPO, CIPO  holds an annual Technical Assistance Executive Workshop to 
provide capacity -building  to IP officials as well as a forum for exchange between participants. The 
22nd annual workshop held in 2019 focused on women in IP. Training, forums,  and discussions were  
provided through the lens of women in the IP field. Furthermore, a full day was dedicated to 
discussing global efforts towards advancing gender equality and women empowerment in the global 
IP sphere, including in the Government of Canada 's Women Entrepren eurship Strategy.  
The Women Entrepreneurship Strategy also complements Canada 's national IP Strategy, which 
works to strengthen Canada 's innovation ecosystem to help Canadian companies grow to scale. A 
number of initiatives developed under the IP Strategy have been tailored towards assisting women 
innovators, including the IP Awareness and Education Program. Through this programme CIPO ha s 
hosted a variety of IP events specifically targeting women entrepreneurs in partnership with 
women -focused organizations. CIPO has also partnered with organizations that support women 
entrepreneurs in order to increase their knowledge and effective use o f IP.  
In 2020, through its IP Awareness and Education Program, CIPO also hosted a variety of IP 
events specifically focused on women entrepreneurs, in partnership with organizations such as IP/C/M/103/Add.1  
 
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  Women Enterprises Organization of Canada. CIPO also hosted three webinars in 2020, including as 
part of Start -up Canada 's International Women Day, and with the Indo Canadian Chamber of 
Commerce. CIPO also hosted mentorship programmes with Women in Communication and 
Technologies, the Business Development Canada team supp orting women entrepreneurs, and 
Women Business Enterprise. In addition,  CIPO is partnering  with various  business  and technology 
organizations that support women entrepreneurs across Canada. Through these collaborations, 
CIPO's regional IP advisors deliver seminars and webinars on IP -related topics such as IP foundations 
and IP strategy, and hold individual meetings with women entrepreneurs.  
With respect to international engagement on women and IP, Canada recently co -sponsored a 
WIPO Committee on Development  and IP project proposal entitled "Increasing the Role of Women 
in Innovation and Entrepreneurship: Encouraging Women in Developing Countries to Use the 
Intellectual Property System ", which focuses on assisting women in developing countries to utilize 
their innovative and entrepreneurial potential by encouraging and supporting them in using the IP 
system. In particular, the project assists and supports women innovators to broaden their awareness 
and knowledge of the IP system, and encourage their advancemen t as inventors and entrepreneurs 
by creating or expanding women inventor support programmes and other mentoring and networking 
opportunities and events.  
Canada would be pleased to discuss any of these projects and initiatives with any interested 
Member and  looks forward to a further exchange of views with TRIPS Council Members on this 
important topic.  
Singapore  
Singapore thanks the co -sponsors for including this agenda item and the United  States for 
preparing the communication on Women and Intellectual Property.  Women 's economic 
empowerment and relatedly, the participation of women in IP is a high priority and imperative for 
Singapore. In fact, we have dedicated 2021, this year, as the "Year of Celebrating Singapore Women " 
to recogni ze the importance of our women 's contributions. In the latest Global Innovation Index 
2021, Singapore ranked number 6 in the world, for females employed with advanced degrees.  On 
measures that have proven useful for the support of women entrepreneurs in participating in the IP 
system, Singapore has launched an interagency initiative called Growing with Resilience through 
Intangibles (GRIT) to partner businesses and communities t o better manage and monetise their 
intangible assets or IP in the COVID -19 environment, where many businesses have to transit and 
operate in the digital space, and beyond.  
GRIT provides resources such as information packs and case studies and information on 
Government grants and support schemes as well as IP training for various sectors such hospitality 
and F&B, tourism, and arts and entertainment.  An example of how this has helped women 
entrepreneurs is the experience of a Singaporean songwriter and vocal ist, Lou Peixin , who moved 
online and ran livestreams to connect with her audience and generate a new source of income, in a 
time when physical concerts were not possible.  The intellectual property office of Singapore or IPOS 
International, also provides d irect IP audit and strategy consultancy services to local businesses. An 
example of a company with female founders that IPOS International has worked with is Hegen, 
which was established to create sustainable, innovative, and high -quality products for nurs ing 
mothers. It has designed unique, award -winning square containers with interchangeable lids.  
Singapore believes that the participation of women in IP remains an important aspect of all IP 
systems and looks forward to hearing from other Members on their experiences and perspectives.  
Switzerland  
The Swiss delegation would like to thank the United States of America for the submission 
IP/C/W/685  and other Members for sharing their national experiences and initiatives. Swi tzerland is 
glad to co -sponsor this submission  and we would like also to thank different co -sponsors for sharing 
their national experiences and initiatives.  IP/C/M/103/Add.1  
 
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In 2020, women constituted slightly more than half of the Swiss population .29 Overall, women 
are fu lly participating and well engaged in the socio -economic life in Switzerland. Nevertheless, a 
number of efforts are still to be undertaken to provide equal opportunities for women and men across 
different social, cultural,  and economic fields to achieve better balance.  The intellectual property 
area is not an exception. WIPO 's IP Statistics Data Centre , which offers gender -based indicators in 
Patent Cooperation Treaty (PCT) applications highlights that, on average, there ar e less women 
inventors and only few countries reach a fair balance in the number of male and female patent 
applicants and inventors.  
According to this online service, the share of applications with at least one Swiss woman 
inventor has risen from 15% in 20 00 to 31.1% in 2020. These statistics show a correlation between 
the adopted measures to encourage more women to select technology -related studies and the 
increase in the number of women inventors. These efforts are ongoing.  
One reason mentioned in submission IP/C/W/685  for the low number of women inventors is 
that women are less likely to study technological, mechanical,  and scientific majors for their studies 
at high schools and universities. Therefore, one of the objectives of the Swiss 2030 gender equality 
strategy is increasing women 's representation in the science, technology, engineering, and 
mathematics (STEM) study paths in tertiary education .30 
There is an example of an outstanding Swiss female inventor, who contributes through her 
work to high -tech inn ovation and uses the IP system for this purpose. This woman is 
Dr Ursula  Keller. In 1993 ,31 this scientist and inventor became the first woman to teach physics at 
the Swiss Federal Institute of Technology in Zurich .32 Her research interests explore and pus h the 
frontiers in the field of laser, semiconductor science and measurement technology. In 2018, Dr Keller 
won the prestigious European Inventor Award awarded by the European Patent Office. With light 
bursts lasting less than a trillionth of a second thro ugh the successful conversion of laser light into 
ultra-fast laser pulses, Dr Keller 's patented inventions bring tremendous benefits to electronics and 
car industries as well as for medical diagnosis and surgery. For instance, in the field of eye surgery, 
Dr Keller 's laser technology delivers the precise amount of energy required to make thin incisions 
without causing damage to the surrounding tissue .33 
Last, but not least, in order to improve gender equality, Switzerland has implemented several 
policies in cluding in the field of education. For instance,  "Swissuniversities ", the umbrella 
organisation of the Swiss universities, has launched in 2017 a project called "The Equal Opportunities 
and University Development ". This programme aims to promote a balanced  gender ratio at all career 
levels and in other dimensions to further equal opportunities and diversity in higher education .34 
Moreover, the Swiss Innovation Agency, Innosuisse, has given for many years special support 
and responds to women 's specific needs by individual coaching.35 Innosuisse also runs a dedicated 
webpage on Women and Innovation36 with useful advice and testimonials of other female 
entrepreneurs.  
To sum up, my delegation is convinced that targeted, practical,  and effective p olicies and 
initiatives help increase women 's participation in the intellectual property system, and thus 
contribute not only to women 's economic empowerment, but also to more competitive economies 
and to more inclusive societies. From a broader perspectiv e, it is important that we continue working 
together in the WTO to remove barriers for women 's economic empowerment and increase their 
participation in trade, to share experiences and best practices and to strengthen the collection of 
 
29 https://www.bfs.admin.ch/bfs/en/home/statistics/population/effectif -change.html  
30 Federal Council adopts national gender equality strategy (admin.ch)  
31 https://www.phys.ethz.ch/de/das -departement/personen/person -
detail.Mjk4NDA=.TGlzdC84MzgsMTE3MjU5OTI5OQ==.html  
32 https://www.houseofswitzerland.org/swissstories/sc ience-education/ursula -keller -has-seen-light-end-
laser 
33 https://www.epo.org/news -events/events/european -inventor/finalists/2018/keller_de.html  
34 https://www.swissuniversities.ch/en/topics/equal -opportunities -and-diversity  
35 https://www.innosuisse.ch/inno/en/home/funding -business -information/women -and-
innovation/support/programmes/startup -initial -coaching -women.html  
36 https://www.innosuisse.ch/inno/en/home/funding -business -information/women -and-innovation.html  IP/C/M/103/Add.1  
 
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  gender -disaggregated data. Switzerland is a signatory of the 2017 Buenos Aires Declaration and an 
active Member  of the Informal Working Group on Trade and Gender.  
It is also important that we continue to include these issues into the regular work of WTO 
bodies, and thus that we draw attention to and discuss these issues in the TRIPS Council, in 
continuation from our past discussion in 2015, in order to ensure that intellectual property rights 
can benefit all the society. We are interested to hear other national experiences on how to promote 
the role of women in innovation and what measures they take in the field of intellectual property to 
support these efforts.  
Panama  
Panama would like to thank the United Stat es and co -sponsors for their document and for the 
various experiences that have been shared today. These are excellent ideas for future programmes 
which could be implemented in our countries in line with the proponents.  Panama considers that 
intellectual p roperty is an effective tool for economic development, which enables enterprises, 
irrespective of their size, to give value to their developments by protecting them by brand, patent,  
or industrial design, or through the rights granted by copyright protecti on. 
While Members have made efforts to close the gender gap in the participation of women in 
intellectual property and innovation, it is a fact that women continue to be underrepresented in many 
areas of intellectual property and innovation.  In the case of  Panama, the number of women 
innovators is higher than that of men: 70% women and 30% men. However, they do not turn to the 
intellectual property system for proper protection.  
The Ministry of Trade and Industry, through the Industrial Property Registry, wo rks on 
commending the work of creative women, and has developed a number of initiatives aimed at 
promoting women 's leadership through competitions on the design and craft of traditional clothing, 
molas (handmade textiles) competitions, produced by indigeno us peoples of Panama and Colombia, 
as well as training workshops on innovation with traditional designs. Programmes have also been 
set up to encourage the creation of works and/or productions, challenges and trends against 
counterfeiting, and leadership by  Panamanian women in respect of copyright.  
In addition, with the assistance of WIPO, awareness -raising and capacity -building programmes 
have been organized for indigenous women, who sometimes suffer from double discrimination on 
the basis of their gender a nd/or ethnicity, and who are marginalized when, in many communities, 
women are the main, if not only, producers of handicrafts and guardians of cultural heritage.  
Therefore, workshops and seminars have been held aimed at teaching indigenous women to use 
intellectual property tools to protect and increase the revenue -generating potential of their products.  
To conclude, we would like to mention that Panama is also in the process of training officials 
from various institutions and ministries, with a view to raising awareness so that the gender 
perspective is reflected in the formulation of the country 's public policies and that measures for the 
promotion of innovation and creativity, which take into account gender equality, are adopted. We 
are therefore worki ng to identify the main concerns about existing inequalities and incentivize 
continuing policies in order to meet the gender equality goals.  
South Africa  
We would like to thank the co -sponsors for introducing document IP/C/W/685 . I think it is 
appropriate that this agenda item is in the same week as the UN International Day of the Girl Child.  
Before dealing with the specific guiding questions  provided  in part 5 of  de document  IP/C/W/685 , I 
would  make some general observations on this topic. According to So uth Africa 's National Research 
Foundation (NRF), women constitute 35.5% of the NRF rated scientists. this is a national category 
accorded to the top scientists in the country. This phenomenon appears not be limited to 
South  Africa. The "UNESCO Science -Toward 2030 Report " suggests that women are generally 
underrepresented in doctoral and post-doctoral  research fields.  
The UNESCO report also provides that South African women were underrepresented in 
engineering (16%) and natural scientific professions (16%) in the early 2000 's. This trend has not 
changed significantly – a recent report by the National Advisory Council on Innovation indicated that IP/C/M/103/Add.1  
 
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  women constitute  9% of engineers that are registered with the Engineering Council of South Africa. 
Conversely, wom en made up a significant proportion employee  in the biotechnology - related entities 
(52%). The National Research Foundation has adopted a targeted approach to increase the 
percentage of female scientists funded, and these efforts have started to bear fruit.  
The local IP filing patterns still show a low participation of local South African individuals and 
entities in the formal IP registration system in general. As we seek to address this trend - the 
promotion of women participation in the formal IP registration system is being pursued in parallel to 
increase the utilisation of the formal IP system and indeed the promotion of women participation in 
the science and engineering fields.  I would  now address the specific questions put to the 
membership.  
1. Does your country have specific programmes to assist or promote women 's participation in the IP 
system?  
Yes, Companies and Intellectual Property Commission (CIPC) , the South African IP office 
conducts a number of events with a focus on women mostly in collaboration with Small Enterprise 
Development Agency (SEDA) focussed on raising awareness about the potential value of IP for 
women entrepreneurs.  
2. What measures, if any, have proven useful for the support of women entrepreneurs in 
participating in the IP system? Are there measures you h ave tried which have not been useful?  
a. Conducting awareness programmes ; 
b. Proving information on access to finance ;  
c. Mentoring and guiding ; and  
d. Education and training programmes focussed on IPR . 
3. How can the awareness of women entrepreneurs be raised regard ing the benefits of IP for their 
business activity?  
a. Conduct "women in business " Webinars, share best practices and teach the value IP. 
Focus on female students in STEM (Science Technology Engineering and Maths) ; 
b. Targeting women dominated sectors ; and  
c. Collaborate with agencies already having databases of women businesses.  
4. According to the experience of Members, what are the main challenges and specific barriers for 
women entrepreneurs in your country?  
a. Access to Finance ; 
b. Mentoring and guidance; and  
c. Women b usinesses are not taken as serious as their male counterparts. (breaking the 
men's club).  
5. According to the experience of Members, are there specific sectors where you have found women 
entrepreneurs are particularly active and could benefit from particip ating in the IP system?  
a. Fashion designers ; 
b. Traditional ware/ designs;  
c. Creative industries;  
d. Culinary, Tourism;  
e. Interior Designs; and  
f. Health and Wellness.  
The CIPC stands ready to share practical experiences and collaborate with IP offices of 
WTO Members.  IP/C/M/103/Add.1  
 
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World Intellectual Property Organization  
The World Intellectual Property Organization would like to thank the co -sponsors of the 
communication on Women and IP in document IP/C/W/685  for acknowledging the work of WIPO. 
We would also like to thank those Members  who made positive comments on our gender related 
work and partnership . 
There is a marked, and disconcerting, gender gap in the IP ecosystem, and WIPO is striving 
to address the some of the factors underlying this gap. WIPO undertakes a number of programmes 
to increase the involvement of women, especially women entrepreneurs in using the IP system by 
expanding knowledge and capacities. We are working to systematically mainstream gender equality 
considerations across our work programme.  More specifically, we are focusing on generating and 
analysing  disaggregated and gender specifi c data, collaborating on capacity development, and 
strengthening and replicating good practices. We are also working intensively with IP offices to 
mainstream gender consideration in their practices. Recently Daren Tang, Director -General of WIPO, 
has appoi nted Lisa Jorgenson as the Deputy -Director -General for Patents and Technology.  
This is a new role aimed at encouraging female engagement with intellectual property. We 
very much look forward to working with Members on these initiatives. If any Member wishe s to have 
more information on our work on gender and IP, we would be happy to provide further details.  
China  
We appreciate the submission , which pays attention to the topic of women and IP. As for the 
five guiding questions, we still need time to look into them. We hope to have opportunities to 
exchange information and share experience with Members in the future. In addition, as mentioned 
in the proposal, WIPO has been conducting much work related on women and IP. We recommend 
necessary cooperation and experience sharing between organizations in this regard.  
17  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
WTO Secretariat  
As in previous occasions and for Members ' information, the Secretariat would  provide a brief 
update on issues related to intellectual property policy that have come up in the most recent Trade 
Policy Reviews.   
Since the last TRIPS Council Meeting in July, the following three Trade Policy Reviews have 
taken place: Argentina, Singapore and the Republic of Korea. The latter is taking place this week. 
During these reviews, delegations engaged in the discussions an d sought further details on:  
a. The implementation of the TRIPS Agreement;  
b. Institutional arrangements for the administration and enforcement of intellectual 
property;  
c. Copyright and related -rights regimes;  
d. Trademark regime;  
e. Protection of geographical indications;  
f. Patent regime;  
g. Protection of new plant varieties;  
h. Enforcement, online and at the border; and  
i. Measures taken in response to the COVID -19 pandemic.  
The Secretariat has also contributed with the Chapter on Intellectual Property for t he G20 and 
WTO wide Director -General 's Monitoring Reports, to be circulated in November. The chapters are  
substance rice and take into account the IP -related measures communicated by Members and 
Observers. They also refer to the specific IP -related measure s implemented to facilitate the 
development and dissemination of COVID -19-related health technologies, as well as measures aimed IP/C/M/103/Add.1  
 
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  at relaxing procedural requirements and extending deadlines for administrative matters. The table 
outlining  these measures is r egularly updated and available on the WTO website, as indicated under 
agenda item 3.  
18  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
Bangladesh  
The delegation of Bangladesh supports that the South Centre should be accepted with observer 
status in the TRIPS Council.  
United States of America  
The US cannot join Members seeking to include South Centre a s an observer . The 
United  States values  the contribut ion of the Members and is  satisfied with the current set of ad hoc  
and permanent observers . 
South Africa  
South Africa would like to repeat its well-known  support for South Centre  to be granted 
observer status.  
China  
China maintains that the CBD Secretariat and the South Centre should be granted observe 
status, at least on an ad hoc  basis.  
Indonesia  
Indonesia would like to echo what others have said and support the granting of an observer 
status to the Secretariat of the CBD and the South Centre  in the TRIPS Council . 
Venezuela, Bolivarian Republic of  
My delegation reiterates the position expressed at previous meetings in this Council and 
supports granting the South Centre observer status to the TRIPS Council.  
19  ANNUAL REPORT  
No statements were made under this agenda item.  
20  OTHER BUSINESS  
No statements were made under this agenda item.  
__________