RESTRICTED  
  
IP/C/M/100/Add.1  
 
20 October 2021  
(21-7928) Page: 1/87 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 8, 9 AND 29 JUNE 2021  
Chair: H.E. Ambassador Dagfinn Sørli  (Norway)  
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held on 
8, 9 and 29 June 2021 . 
 
_______________  
 
 
Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  ................................ ........  5 
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)  ................................ ...................  12 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................  12 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ... 12 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ .......................  15 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1
 ................................ ................................ ................................ ................................ ...... 18 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ ....................  18 
10   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ............  18 
11   INTELLECTUAL PROPERTY AND INNOVATION: SUMMARY ON THE 2020 THEME – 
MAKING MICRO SMALL AND MEDIUM -SIZED ENTREPRISES (MSMES) COMPETITIVE 
THROUGH IP AND INNOVATION ................................ ................................ .....................  19 
12   INTELLECTUAL PROPERTY AND INNOVATION: INTELLECTUAL PROPERTY FOR 
INVESTMENT/FINANCING/ FUNDING  ................................ ................................ ............  23 
13   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 .........................  34 
14   EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS 
AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS  ................................ .............  64 
15   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  87 
16   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS
 ................................ ................................ ................................ ................................ ...... 87 
17   OTHER BUSINESS  ................................ ................................ ................................ .... 87  IP/C/M/100/Add.1  
 
- 2 - 
 
  INDEX OF THE STATEMENTS MADE  
AT THE MEETI NG OF COUNCIL FOR TRIPS 8, 9 AND 29 JUNE 2021 * 
 
 
Afghanistan  
Article 66.1 - Resumption on 29 June  ..... 82 
Angola  
Article 66.1  ................................ .........  71 
Waiver - COVID -19 ..............................  59 
Argentina  
Article 66.1  ................................ .........  74 
Non-violation and situation complaints  ... 17 
Waiver - COVID -19 ..............................  61 
Australia  
Article 66.1  ................................ .........  75 
Article 66.1 - Resumption on 29 June  ..... 87 
IP for funding  ................................ ...... 28 
MSMES  
IP and Innovation  .............................  21 
Non-violatio n and situation complaints  ... 17 
Waiver - COVID -19 ..............................  43 
Bangladesh  
Article 66.1  ................................ .... 66, 78  
Article 66.1 - Resumption on 29 June  ..... 79 
Biotech, Biodiversity, TK  .......................  14 
Non-violation and situation complaints  ... 16 
Technical Cooperation  ..........................  20 
Waiver - COVID -19 ..............................  43 
Bolivia, Plurinational State of  
Non-violation and situation complaints  ... 18 
Notifications  ................................ ..........  7 
Waiver - COVID -19 ..............................  44 
Brazil  
Article 66.1  ................................ .........  74 
Biotech, Biodiversity, TK  .......................  15 
IP for funding  ................................ ...... 33 
MSMES  
IP and Innovation  .............................  23 
Non-violation and situation complaints  ... 15 
Waiver - COVID -19 ..............................  54 
Canada  
Article 66.1  ................................ .........  76 
Article 66.1 - Resumption on 29 June  ..... 83 
IP for funding  ................................ ...... 30 
Non-violation and situation complaints  ... 18 
Notifications  ................................ ..........  8 
Waiver - COVID -19 ..............................  50 
Central African Republic  
Article 66.1 - Resumption on 29 June  ..... 87 
Notifications  ................................ ..........  7 
Chad on behalf of the LDC Group  
Article 66.1  ................................ .... 65, 77  
Article 66.1 - Resumption on 29 June  78, 87  
Waiver - COVID -19 ..............................  62 
Chile  
Article 66.1  ................................ .........  71 
Biotech, Biodiversity, TK  .......................  15 
COVID -19 ................................ .............  9 
Non-violation and situation complaints  ... 16 
Waiver - COVID -19 ..............................  50 China  
Article 66.1  ................................ .........  75 
Article 66.1 - Resumption on 29 June  ..... 84 
Biotech, Biodiversity, TK  .......................  14 
COVID -19 ................................ .............  9 
IP for funding  ................................ ...... 33 
Non-violation and situation complaints  ... 18 
Waiver - COVID -19 ..............................  53 
Côte d'Ivoire  
IP for funding  ................................ ...... 34 
Egypt  
Article 66.1 - Resumption on 29 J une ..... 87 
Biotech, Biodiversity, TK  .......................  15 
Non-violation and situation complaints  ... 16 
Waiver - COVID -19 ..............................  39 
El Salvador  
Waiver - COVID -19 ..............................  58 
European Union  
Article 66.1  ................................ .........  76 
Article 66.1 - Resumption on 29 June  ..... 84 
IP for funding  ................................ . 31, 34  
Non-violation and situation complaints  ... 18 
Notifications  ................................ ..........  8 
Waiver - COVID -19 .........................  45, 63  
Fiji 
Waiver - COVID -19 ..............................  38 
Hong Kong, China  
Waiver - COVID -19 ..............................  54 
India  
Article 66.1  ................................ .........  73 
Article 66.1 - Resumption on 29 June  ..... 85 
Biotech, Biodiversity, TK  .......................  15 
Non-violation and situation complain ts ... 19 
Waiver - COVID -19 ..............................  63 
Indonesia  
Biotech, Biodiversity, TK  .......................  15 
Non-violation and situation complaints  ... 18 
Waiver - COVID -19 ..............................  42 
Iran 
Waiver - COVID -19 ..............................  65 
Jamaica  
IP for funding  ................................ ...... 34 
Waiver - COVID -19 ..............................  60 
Japan  
Article 66.1  ................................ .........  76 
Article 66.1 - Resumption on 29 June  ..... 82 
IP for funding  ................................ ...... 29 
MSMES  
IP and Innovation  .............................  23 
Notifications  ................................ ..........  7 
Waiver - COVID -19 ..............................  57 
Jordan  
Waiver - COVID -19 ..............................  51 
Korea, Republic of  
Article 66.1 - Resumption on 29 June  ..... 85 
Notifications  ................................ ..........  6 
Waiver - COVID -19 ..............................  49 IP/C/M/100/Add.1  
 
- 3 - 
 
  Malawi  
Article 66.1  ................................ .........  72 
Article 66.1 - Resumption on 29 June  ..... 82 
Malaysia  
Waiver - COVID -19 ..............................  38 
Maldives  
Waiver - COVID -19 ..............................  48 
Mauritius  
Article 66.1 - Resumption on 29 June  ..... 84 
Mexico  
Waiver - COVID -19 ..............................  44 
Mongolia  
Article 66.1  ................................ .........  73 
Waiver - COVID -19 ..............................  37 
Mozambique  
Article 66.1  ................................ .........  74 
Article 66.1 - Resumption on 29 June  ..... 85 
Waiver - COVID -19 ..............................  59 
Myanmar  
Article 66.1  ................................ .........  73 
Article 66.1 - Resumption on 29 June  ..... 85 
Namibia  
Waiver - COVID -19 ..............................  62 
Nepal  
Article 66.1  ................................ .........  70 
Article 66.1 - Resumption on 29 June  ..... 80 
Waiver - COVID -19 ..............................  49 
New Zealand  
Waiver - COVID -19 ..............................  51 
Nigeria  
Biotech, Biodiversity, TK  .......................  14 
Non-violation and situation complaints  ... 18 
Norway  
Article 66.1  ................................ .........  75 
Waiver - COVID -19 ..............................  53 
Pakistan  
Article 66.1  ................................ .........  72 
Article 66.1 - Resumption on 29 June  ..... 87 
Waiver - COVID -19 ..............................  39 
Paraguay  
Waiver - COVID -19 ..............................  48 
Peru  
Waiver - COVID -19 ..............................  61 
Philippines  
Waiver - COVID -19 ..............................  59 
Russian Federation  
Non-violation and situation complaints  ... 17 
Waiver - COVID -19 ..............................  58 
Senegal  
Article 66.1  ................................ .........  71 
Singapore  
IP for funding  ................................ ...... 29 
MSMES  
IP and Innovation  .............................  22 
Waiver - COVID -19 ..............................  51 
South Africa  
Article 66.1  ................................ .........  75 
Article 66.1 - Resumption on 29 June  ..... 86 
Biotech, Biodiversity, TK  .......................  14 
COVID -19 ................................ ...........  13 
MSMES  
IP and Innovation  .............................  23 Non-violation and situation complaints  ... 17 
Notifications  ................................ ..........  8 
Waiver - COVID -19 .........................  35, 64  
Sri Lanka  
COVID -19 ................................ ...... 12, 13  
Non-violation and situati on complaints  ... 19 
Waiver - COVID -19 ..............................  40 
Switzerland  
Article 66.1  ................................ .........  76 
Article 66.1 - Resumption on 29 June  ..... 83 
IP for funding  ................................ ...... 25 
MSMES  
IP and Innovation  .............................  21 
Non-violation and situation complaints  ... 19 
Waiver - COVID -19 ..............................  56 
Chinese Taipei  
IP for funding  ................................ ...... 30 
Waiver - COVID -19 ..............................  49 
Tanzania on behalf of the African Group  
Article 66.1  ................................ .........  69 
Article 66.1 - Resumption on 29 June  ..... 81 
Biotech, Biodiversity, TK  .......................  13 
Non-violation and situation complaints  ... 16 
Waiver - COVID -19 ..............................  36 
Togo  
Article 66.1  ................................ .........  77 
Article 66.1 - Resumption on 29 June  ..... 83 
Turkey  
Article 66.1  ................................ .........  77 
Waiver - COVID -19 ..............................  49 
Uganda  
Article 66.1  ................................ .........  71 
Ukraine  
Waiver - COVID -19 ..............................  52 
United Kingdom  
Article 66.1  ................................ .........  77 
Article 66.1 - Resumption on 29 June  ..... 80 
IP for funding  ................................ . 24, 34  
MSMES  
IP and Innovation  .............................  21 
Notifications  ................................ ..........  8 
Waiver - COVID -19 ..............................  54 
United States of America  
Article 66.1  ................................ .........  75 
Article 66.1 - Resumption on 29 June  ..... 82 
Biotech, Biodiversity, TK  .......................  14 
COVID -19 ................................ .............  9 
IP for funding  ................................ ...... 26 
MSMES  
IP and Innovation  .............................  20 
Non-violation and situation complaints  ... 18 
Waiver - COVID -19 ..............................  60 
Vanuat u 
Article 66.1  ................................ .........  72 
Waiver - COVID -19 ..............................  52 
Venezuela, Bolivarian Republic of  
Waiver - COVID -19 ..............................  47 
Viet Nam  
Waiver - COVID -19 ..............................  62 
World Intellectual Property Organization  
Technical Cooperation  ..........................  20 IP/C/M/100/Add.1  
 
- 4 - 
 
  WTO Secretariat  
COVID -19 ................................ ...... 10, 12  
Information on Developments in WTO  .... 88 
Notifications  ................................ ..........  6 Technical Cooperation  ..........................  19 
Zambia  
Article 66.1  ................................ .........  70 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_______________  
* 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/100/Add.1  
 
- 5 - 
 
  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
1.1  WTO Secretariat  
1.  The Council has received the following notif ications from Members since its meeting in 
March  2021:  
Under Article 63.2  
2.  The Republic of Korea has notified consolidated versions of its Trademark Act, its Patent Act, and 
its Design Protection Act. It has also circulated a consolidated version of its Agr icultural and Fishery 
Products Quality Control Act, as well as the corresponding enforcement decree.  
3.  Viet Nam has notified its Criminal Code, its Civil Code, and a number of circulars and laws related 
to the implementation and administration of its intell ectual property system.  
4.  Slovenia  has notified new versions of its Copyright and Related Rights Act and its Industrial 
Property Act, transposing EU Directives into domestic law.  
5.  New Zealand has notified Amendments to its Copyright Act 1994, Patents Act 20 13 and 
Trademarks  Act 2002 to implement New Zealand 's commitments under the Comprehensive and 
Progressive Agreement for Trans -Pacific Partnership (CPTPP). It has also notified a revised 
Geographical Indications (Wine and Spirits) Registration Act, includin g associated legal instruments, 
and an amendment to the Copyright Act to implement the Marrakesh Treaty to Facilitate Access to 
Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.   
6.  Ukraine has notified minor correction s to already notified amendments regarding the law 
establishing its National Intellectual Property Authority.  
7.  The Kingdom of Saudi Arabia has notified licensing rules for providing intellectual property 
services, as well as a consolidated version of the r evised Designs Act.  
Under Article 69  
8.  Tonga has also notified its contact point for IP enforcement under Article 69.  
Notifications relating to the Special Compulsory Licensing System  
9.  Antigua and Barbuda has made a notification under Article 31 bis and para. 1(b) of the Annex to 
the TRIPS Agreement, indicating its intention to use the special compulsory licensing mechanism – 
also known as the 'paragraph 6 ' system - as an importing Member. Bolivia – following its notification 
in February of its genera l intent to use the system – has now notified its need to import an estimated 
15 million doses of COVID -19 vaccines under Article  31bis and para. 2(a) of eth Annex to the 
TRIPS  Agreement. This concludes the overview of notifications received since our meet ing in March.  
1.2  Korea, Republic of  
10.  It is a great honour for me to be present at the present  meeting as new Permanent 
Representative of the Republic of Korea. As this is my first statement at the TRIPS Council, I woul d 
like to take this opportunity to assure you, Chair, of my full support and cooperation.  
11.  As the Secretariat noted, since the previous  Council meeting, Korea has made a total of six 
notifications. The notifications are regarding the amendments of certain IP-related laws and 
implementation  regulations.  
12.  These amendments were made, among other things, in the general direction of further 
strengthening the implementation of the Intellectual Protection system in place in Korea. We believe 
that these efforts are  in line with the Korean government 's commitment to contribute to supporting 
the free, fair, and transparent multilateral trading system. The detailed contents of the amendments 
can be found in the explanation of aforementioned notifications. I would like to assure you that 
Korea will continue to faithfully implement the notification obligation under TRIPS Agreement.  IP/C/M/100/Add.1  
 
- 6 - 
 
  1.3  Japan  
13.  This delegation is pleased to inform the Council that Japan recently amended its Design Act. 
The amendments have been notified to this Council in accordance with Article 63.2. The reference 
number is  document  IP/N/1/JPN/55. Taking this opportunity we would like to briefly explain the 
major point about the amendment.  
14.  The Design Act was amended to introduce collective application for multiple designs, to 
eliminate the article classification table, and to expand remediable procedures. This enables 
applications to be filed with a single request for multiple designs. The "Table for Classification of 
Articles ", which defines the granularity of articles to be stated on request, has been abolished. 
Instead, criteria have been set forth the standard to be considered a "single design " in an Ordinance 
of the Ministry of Economy. In addition, documents can be submitted even after date which has 
elapsed the designated period or the submission period for the documents related to the priority 
documents and the like.  The Government of Japan will continuously fulfil its obligation to en sure the 
accessibility and the transparency of the Japanese intellectual property system.  
1.4  Bolivia, Plurinational State of  
15.  In accordance with the TRIPS Agreement my delegation notified the intention to u se the 
paragraph 6 system of the Agreement and in May 2021 we made the specific notification for the 
import of 15 millions  of COVID -19 vaccines as a result of an assessment of my country 's public 
health needs that we need to import in the next two years. H owever, because it is not possible to 
predict with certainty the extent of the country 's public health needs, we reserve the right to modify 
the above estimate as necessary or appropriate.  
1.5  Central African Republic  
16.  This is the first time we have taken the floor at the TRIPS Council meeting and would like to 
express our appreciation of your commitment to advancing TRIPS issues within the multilateral 
trading system.  We would like to inform Members that three tex ts issued by the Government of the 
Central African Republic have been notified in accordance with Article 63.2.  
17.  The texts are as follows:  
a. Order of 24 May 2005 establishing a National Committee for the Promotion and Protection 
of Goods by Means of Geographi cal Indications. The Committee 's functions include the 
following: (i) to identify agricultural, artisanal, fishery and livestock products that could 
benefit from geographical indication protection; (ii) to promote a policy whereby producers 
are organized into structures that are able to identify, produce and ensure the protection 
and defence of products recognized as having a geographical indication; (iii) to train and 
raise awareness among producers so as to enable them to take ownership of geog raphical 
indications; and (iv) to participate actively in WTO discussions on improving international 
protection for geographical indications.  
b. Order establishing the National Intellectual Property Council. The Council 's members hip 
includes public institutio ns, the private sector and civil society. Its objectives include the 
following: (i) to develop a national strategy for economic, social and cultural development 
based on intellectual property; (ii) to issue opinions on all matters concerning intellectual 
property at the national level; and (iii) to submit proposals to the Government for the 
promotion of intellectual property, the defence of related rights and the improved 
coordination of sectoral policies and strategies in this area.  
c. Decree of 3 February 20 17 on the protection of trade names. This Decree provides for the 
mandatory protection of the trade names of all commercial, artisanal, agricultural, 
industrial and service -providing establishments throughout the national territory. All 
natural or legal pe rsons engaged in an industrial, commercial, agricultural or 
service  -providing activity must register their trade name at the National Liaison Body for 
the African Intellectual Property Organization (OAPI) at the Ministry of Trade and Industry.  IP/C/M/100/Add.1  
 
- 7 - 
 
  18.  The Centra l African Republic has the honour to present these three texts within the framework 
of the implementation of the Agreement on Trade -Related Aspects of Intellectual Property Rights. 
We stand ready to provide Members with any further explanations or clarific ation.  
1.6  United Kingdom  
19.  As we have outlined at previous Council sessions, the UK has been undergoing a process of 
notifying all its applicable IP -related domestic legislation, in accordance with Article 63.2 of the 
TRIPS  Agreement. This is an essential exercise given our continued support for the multilateral 
rules-based  trading system, the WTO 's role in it, as well as the importance the United Kingdom 
attaches to TRIPS transparency arrangements and the benefits a transpar ent IP regime brings for 
the growth of IP intensive industries.  
20.  Since the previous formal Council session in March, Members  will have received reports of the 
last of these historic notifications, and we thank Members  for their patience in receiving our 
notifications over a number of months. We are pleased to announce we have now finalised updating 
our historic notifications and we encourage other WTO Members to notify the TRIPS Council of their 
domestic IP changes. The UK stands ready to assist any Member  who may require assistance in 
doing so.  We would like to thank the Secretariat again for their patience and support throughout 
this process, and for the efficiency of the e -TRIPS system.  
1.7  South Africa  
21.  South Africa would once again like to reiterate its support for this 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 inf orms Members regarding measures by other 
Members but can also be the basis for useful mutual dialogue. We note that Antigua and Barbuda 
as well as the Plurinational State of Bolivia have duly notified their intention to use the System set 
out in Article 31 bis of the TRIPS Agreement as importing countries. South Africa affirms the right of 
these Members to utilise this TRIPS flexibility and commends them on their decision to do so.  
22.  Specifically, Canada recently referred to the possibility of using Article 31 bis to export patented 
medical products to other WTO Member States. We understand that Biolyse has made an 
Article  31bis request for a compulsory licence L in early March 2021 to manufacture and export a 
generic version of the Johnson & Johnson ( "J&J") adenovirus vaccine to developing countries. 
Further, Bolivia has issued a notification of 10 May to import an estimated 15 million doses of 
COVID -19 vaccines. We would like to know the status of the compulsory license for purposes of 
export and when  will Bolivia be able to import the vaccines from Canada? Having said this, we note 
that in 18 years of existence, the system set out in Article 31 bis has only been used successfully on 
one occasion. This indicates that existing TRIPS flexibilities are ina dequate to deal with extremely 
urgent situations such as the COVID -19 pandemic. The TRIPS waiver is the only viable avenue at 
the disposal of this forum to facilitate timely and equitable access to critical technologies. Finally, 
South Africa would like to  reiterate its request for clarity from the EU on the application of the 
Implementing Regulation (2021/111).  
1.8  European Union  
23.  We thank South Africa for the question concerning the EU 's implementing regulation on export 
authorisation. We will come back with an answer as soon as possible.  
1.9  Canada  
24.  Canada is aware of Bolivia 's interest in importing COVID -19 vaccines and might be made 
pursuant to an authorization under Canada 's Access to Medicines Regime. The most of these 
discussions  on this matter  are ongoing . Federal government officials have met with the Canadian 
company by  all these to discuss their manufacturing capabilities t o process  resting under Schedule 
1 of the Patent Act and subsequent authorization requirements. Canada would be pleased to provide 
updates on  this matter in due course.  IP/C/M/100/Add.1  
 
- 8 - 
 
  2  REVIEW OF NATIONAL IMPLEMENTING  LEGISLATION  
25.  No statements were made under this agenda item.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
3.1  Chile  
26.  Once again, Chile wishes to thank the Secretariat for preparing a compilation of the measures 
notified to the WTO and maintains the view that this should be kept up to date. We also urge 
Members to continue notifying IP -related measures, thereby strengthening the transparency pillar 
of this Organization.  
3.2  United States of America  
27.  The previous interventions of the United States on 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 pand emic and in supporting economic 
recovery.  
28.  In past meetings, the United States highlighted the US Patent and Trademark Office COVID -19 
pilot programme which prioritizes examination of certain patent applications claiming a product or 
process subject to an a pplicable FDA approval for COVID –19 use. As a companion to the COVID -19 
prioritized examination program, the USPTO initiated on April 15 a Fast -Track Pilot Program for 
Appeals Related to COVID -19. Under this initiative, an appellant may have certain COVID -19-related 
ex parte  appeals before the Patent Trial and Appeal Board and will be accorded fast -track status 
without requiring a petition fee.   
29.  The aim is to issue a final decision of appeals in this programme within six months if the petition 
is granted and the COVID -19-related appeal is entered into the pilot program. Together , the 
COVID -19 prioritized examination and the Fast-Track  appeals programme will help avoid delays in  
the implementation of innovative tools for use against COVID -19. Furthe r information on the 
USPTO 's initiatives on life science technologies can be found on the COVID -19 Response Resource 
Center page of USPTO.gov.  
30.  Separately, the USPTO recently launched a category of its Patents for Humanity Program for 
inventions that address the COVID -19 pandemic. This  new category  will provide  business incentives 
for patent applicants, holders, and licensees whose inventions track, prevent, diagnose, or treat 
COVID -19.  
31.  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 innovation that benefits humanity. Award winners may also transfer their 
acceleration certificates to third parties, including for compensation, and can leverage th e 
acceleration certificate to obtain funds to help commercialize their inventions, transforming 
innovative ideas into deliverable goods and services.  
32.  For more information about the program, please visit the  Patents  for Humanity  page on the 
USPTO website.  
3.3  China  
33.  We thank  the Secretariat for compiling this information and welcome Members to continue 
sharing their pandemic response measures. The pandemic has proven the importance of global 
cooperation. We firmly believe that information sharing in an open and transparent way is  essential 
for Members to learn from each other so as to better control the pandemic worldwide. China has 
shared IP response measures in previous meetings. We are willing to continue to share the 
information with Members . IP/C/M/100/Add.1  
 
- 9 - 
 
  3.4  WTO Secretariat  
34.  I would like to express our appreciation to Members  for their close engagement on this issue 
and for the interest expressed in gathering together th ese important data. Indeed, in the light of the 
interest expressed by Members  in this Council  and in the General Council subsequently, and as part 
of the WTO Secretariat 's ongoing efforts to gather and compile data on the full array of trade and 
policy issues with a bearing on COVID -19 vaccines production and distribution, we had to put 
together w hat is, I have to say, a preliminary report on licensing activity relating to vaccine 
production over time and on the projected and observed volume of resulted production under those 
agreements. It is worth bearing in mind that there is no single authorita tive source for all such 
information. And we have taken some trouble to survey the range of currently available resources.  
35.  As a first step, at least, the report that we are sharing with you  in the present discussion  is, 
mostly, but not exclusively, based on the work of Airfinity. This is a private firm which maintains a 
database of information on science, production, and distribution of COVID -19 vaccines and 
therapeutics, on the basis of publicly available informatio n, announced development. A particular 
strength of this source, or one of its uses, in particular, is that it enables us to break down activity 
over time , as this is one of the specific areas of interest that was flagged in the discussion. It is also 
valua ble in its approach to forecasting expected future production based on continuing the recursive 
attention to matching the predictions with subsequently observed data. We also, however, consulted 
other sources which do pay close attention to vaccine licensi ng, and these include UNICEF and the 
Medicines Patent Pool, and we will, as part of our own efforts, continue to broaden this approach, in 
the interest of completeness and inclusiveness, so that we can be sure that any future updates are 
ever more precise and timely.  
36.  I should stress that we cannot  guarantee the accuracy or completeness of any particular source 
of data, or any particular report. Th ese are  not WTO data . It is material that we have sought to 
collect, and we are providing it in the interest of  background information and transparency, rather 
than presenting it  as an official finding of any sort . We are simply not in a position to do that at this 
stage. Considering the sources available, it is important to bear in mind that there is currently no 
single authoritative or definitive repository of licensing and production data  – and what data we have 
available are based on information culled from a very wide range of public sources. Moreover, there 
is active work underway on several fronts to strength en the gathering and compilation of data, to 
improve its accuracy , and to complete its coverage. So, this  is very much a preliminary report  
(RD/IP/44) , and it should be understood that there is a continuously dynamic picture which is 
progressively improving over time in terms of completeness, accuracy and timeliness.  
37.  Further, I would stress that there is no absolute distinction between some of the cate gories 
mentioned here, in particular between in -house production, which may be distributed geographically 
quite considerably , 'in-house ' not being literally in a single location  - and various forms of contracted 
production  or 'production under contract ', and licensed production , or 'production under license '. So, 
a range of different forms of technology transfer and diffusion can be identified across a spectrum. 
Accordingly, these data should be considered as a general overview rather than a water -tight or 
exhaustive analysis. I hope, at least, that this sets the following data in a realistic but, nonetheless, 
useful framework.  
38.  One valuable source  is the  UNICEF COVID Dashboard . This material , looking at manufacturing 
agreements , demonstrates  the very divers ity and the complexity of the data. It is important to bear 
in mind that these are necessarily, inevitably, complex, multifaceted arrangements, that do not 
necessarily slot into  any well-defined categories. This chart illustrates, on the left, the originat or or 
the original vaccine developer and , on the right, the licensees or contracted manufacturers  – and 
gives you some idea, top -down, of the complexity of the situation. This chart, also from the UNICEF 
Dashboard give s quite a useful picture of the different approaches taken for some , or all, of the lead 
vaccines. The blue bar represent s contracted manufacturing and the green bar show s technology 
transfer arrangements.  
39.  While o nce again stressing that these are not  absolute categories, this gives you  an overview 
of the different approaches taken. In terms of delivery, the UNICEF Dashboard also gives you an 
overview of the range of doses delivered. In this case , distinguishing between different categories 
of agreements, bilateral and multilateral  in the blue spheres here ; COVAX supplies, in the dark green 
colours ; donations as the light green , and others . Once again, we cannot be absolutely precise as to IP/C/M/100/Add.1  
 
- 10 - 
 
  these categories, but just to issue a sense of the different patterns of distribution of the doses, 
according to the distribution agreements.  
40.  Another source, at least at the moment relevant for treatments is the Medicines Patent Pool 
(MPP).  The MPP  has for years maintained a very useful database on patenting and licensing in the 
medicine space, but only recently has it turned to COVID matters. Nonetheless, Remdesevir, which 
is one of the candidate treatments, is on their database, and it is possible  to pull out this picture of 
Remdesivir 's licensing arrangements, those that are reported. Once again, nobody is viewing any of 
these as complete, but it is useful as the general picture of the situation.  
41.  I now would like to turn to the report that has bee n distributed to Members  in RD/IP/43 . This 
is the material that is contained in the Room Document , and which is prepared by a private firm, 
Airfinity . As I mentioned , there are  two particular strengths of these data  focus sing on vaccines, 
which are of the immediate interest . It has been possible to break down activity over time, together 
with a sense of the evolving situation. In addition, and I will mention this shortly, there is close 
attention to the forecasting of production based on announcements of ag reements, licensing 
arrangements, and this makes it a particularly useful tool . However, as I stress, it is one tool, one 
source, and we do not mean to endorse or guarantee this, but once again we hope that it provides 
a valuable general overview.  
42.  This slide contrasts the different forms of agreements that had been reached. What people are 
most interested in  in this context concern s the blue part, which represents agreements  that involve 
a transfer of technology, transferring the use of the technology, r ather than fill and finish, the final 
stage of preparing vaccines for distribution. The production of adjuvants, which are a vital ingredient 
for vaccines, and the other  categories , are self -explanatory : distribution, storage, and the source of 
materials. The blue columns here are of most interest  in the current context. The left -hand column, 
the large column, concerns in -house arrangements, and the right -hand column concerns those that 
are contracted out. So clearly, from this top -down approach, there  is a greater proportion of in -house 
arrangements.  
43.  This chart  brings us more or less up to date  from March  2020, and it shows the growth over 
time of production and supply chain agreements. Without getting too technical, it shows a regular, 
a linear increase i n the number of those agreements. This is a head count of announced agreements, 
I should stress. It does not relate to volume of production, but represents a simple head count of 
the agreements  which responds  to the query about the developments over time. Turning to the 
question of the forecasting , this is  not official in any sense , and it is not endorsed by the firms 
themselves or anybody else. It  is Airfinity 's own forecasting. The left -hand column, again, is in -
house production; the right -hand column  is contracted production, and it is broken down according 
to the  different vaccines. Just by way of illustration or contrast, on the left-hand column the largest 
block concerns the BioNTech vaccine, in partnership with Pfizer – still very much in th e in-house 
category. By contrast, the dark green colo ur on the right is the AstraZeneca vaccine, demonstrating 
that it has been produc ed more through contracts.  
44.  Regarding the  regional contrast s, the tendency in Europe, North America and Asia is towards 
in-house production, whereas in Latin America, Oceania and Africa  it is the reverse, a greater 
tendency towards contract production. Here is a description of the forecasting methodology  I 
mentioned before . I will not go through the details, but some key poin ts: there are obviously  and 
inevitably going to be differences between announced licensing deals and production level, and what 
is actually delivered, both in terms of numbers and in terms of time . This is one of the approaches 
that makes Airfinity data quite interesting, because they do work with great precision on both of 
those points. They are adjusting their predictions according to likely actual production, not just 
basing it on the announced pro duction, but basing it on feedback from actual production  and on the 
time lag involved between the announcement and the actual commencement of production or 
supply.  
45.  The working model has typically fixed a three  to four months period for production facilit y to 
reach capacity after an agreement is struck, but that is adjusted according to subsequently available 
data. Without going into further detail, this is why the forecast figures here, while not authoritative 
in any way, are nonetheless quite interesting  and give us some potential insights. This slide takes 
their forecast figures from February this year through to the present date. As you can see the 
observed production  tracks quite closely the forecast fig ures. So from that point of view, while not 
definitive in any way, it makes it  interesting at least to look at their forecasts until the end of this IP/C/M/100/Add.1  
 
- 11 - 
 
  year, for each of the currently available vaccines . Again, w e could  go into individual detail, but the 
overarching finding is that, if the current trends continue in terms of approval and production, then 
these data lead to an estimate of total production by the end of this year  of around ten point seven 
billion doses ove rall. Of the sites of manufacture, by their estimate, China,  followed by the European 
Union, the United States, and India, are expected to be the lead producers over this time.  
46.  This slide c ontrast s in-house production with contracted production, providing  again another 
forecast until the end of this year. You will see that , overall, the expected trend is for both in-house 
production and contract production  to increase , but while the in -house production remains the 
greater proportion, the share of contracte d production or arm 's length production is increasing over 
time. That becomes even clearer in this chart, which takes us up to the end of this year, leading to 
the total figure of ten point seven billion produced . Looking at the numbers underneath, you can see 
that the share of contract production is forecast to rise from 20%, in January this year, to 36% at 
the end of this year. That reinforces the point that the share of such contracted production is 
expected to increase progressively over time. Again, this is according to this one set of predictions  
and numbers that, as I keep stressing, are not endorsed or guaranteed in any way, but are at least 
one valuable source of insight.  
47.  To conclude, I would say that , as the various sources of data improv e and expand, and our 
capacity as the Secretariat to navigate and integrate the diverse sources of data  improves , we will 
be increasingly able to provide more granular and precise information on the situation relating to 
vaccine production and distribution , and draw from a wider range  of data sources. So , if there is a 
continuing interest, we can continue to provide successive updates in the coming months. Finally, I 
would stress that these are general,  top-down data. It is possible to mine the data in a mo re precise 
and granular analysis, so if there is a very specific interest on the part of any Member  or group of 
Members , we can certainly sit down and go through it in a more an informal and , I might say, more 
interactive arrangement. I hope that, at least , this provides  some idea of the possibilities and the 
data available.  
3.5  Sri Lanka  
48.  I would like to thank  the director of the IP Division for this very valuable presentation, for most 
of the countries who have been wanting to have th is information. I believe that the report and the 
study, which he referred to, will be circulated to Members . I have seen that the presentation is 
already available  on the Members ' website, but we'd like the study  that has been used, and for it to 
be made available to us.  
49.  We have a query in relation to the patents. We would like to know whether the study also 
focuses on the status of patents for some of the vaccines and other therapeutic formulas that ha ve 
been captured in the study. Because countri es like us, ha ve been trying to gather information on 
the type of vaccines and other correlated medicines and devices and whether these have been 
patented in various countries. This is the kind of information that is valuable to us . We would also 
like to know whether this study focuses on the aspect of patents, and whether these patents had 
become obstacles in arriving at the contractual obligations. Because sometimes these contractual 
obligation s can take the different forms of voluntary contract or compulsory licen ces. So we would 
inquire  whether this study makes a differentiation between  contractual obligations  due to voluntary 
or the compulsory licence s. We would like to hear back fr om the Secretariat, if not in the present 
meeting , then certainly at a later stage.   
3.6  WTO Secretariat  
50.  I thank  the Ambassador of Sri Lanka for the interest, and very simply note that the report we 
just delivered is purely on licensing arrangements and announcements that have been made 
publicly. The analysis of the patent situation is a parallel task, and I might s ay, a very challenging 
one, but I certainly agree with the expression of priority given to this by the delegation of the Sri 
Lanka, since this is a vital area of information. However, we do not have it today at our fingertips. 
It is a challenging task to g et complete, comprehensive, reliable landscaping of the patent situation 
for any of these vaccines. It includes the platform technologies, where in some cases there are  long-
standing patents in place, as well as more specific patents on COVID -related devel opments.  IP/C/M/100/Add.1  
 
- 12 - 
 
  51.  This is a constant and fast -evolving picture, however, and in the light of the interest expressed, 
we would certainly like to work with our colleagues  in this regard . This is something that would 
naturally fall into the category of our cooperatio n with WIPO and with the World Health Organization.  
We can certainly take up that interest and we would aim to keep Members  up-to-date on this with 
the usual caveat s. Despite it being  a challenging task to get complete up -to-date information on the 
broad s ituation, it may at least be possible in the coming months to develop at least an overview of 
the situation, if that is useful to Members . So, while we cannot offer anything immediately, we can 
certainly undertake to get back to interested delegations with  an update, in the next few months.  
3.7  Sri Lanka  
52.  I would like to thank the Secretariat for its responses. Since we have the benefit of the 
representative of WIPO in the present discussion , would it be possible for WIPO to at least guide us ? 
According to my understanding, if a patent application is submitted under the Patent Cooperation 
Treaty, it remains within the PCT system, and the applications and the details of the applications 
remain confidential until 12  or 18 months after launching the application. So , there is limited level 
of information that would be  made available to the public, to gather more information about the 
patents, the exact patents that have been presented through the P CT system. Sri Lanka is a Member , 
but I wanted to understand whether  some information will be made available to the public. If so, 
what are the websites and the links that we can refer to in order  to obtain information on th ese 
patent applications and who had submitted them. This information would also be very valuable i f 
available in the interim.  
3.8  South Africa  
53.  Let me join the delegation Sri Lanka in thanking the Secretariat for the useful presentati on on 
various dynamics around the COVID -19 pandemic, including various projections, reference to the 
UNICEF COVID platform, Airfinity , and so forth. Perhaps, I think it is good to emphasize, that the 
information is tentative and not necessarily verified.  
54.  However, just one very small comment that my delegation would like to make, and that is just 
to observe that in 2020 only 4% of projected vaccine production was delivered, and as of now we 
have projections, that range from between 9.5 billion to about 15 bi llion. As indicated also in this 
context, it is important to recall some of the discussions that were had, specifically, in respect of 
documents that were prepared by manufacturers themselves in March, where it is stated that these 
manufacturers would be a ble to supply up to 14 billion doses during the current calendar year. Chair, 
you know we were able to see other projections, ranging up to ten billion . Nonetheless, if we really 
look at the baseline as of 17 May, it is reported  that at one point, seven bi llion doses would have 
been produced. Now this is way below the projected figure for the end of the year. We are already 
six months into this year and the level of doses that have been produced and distributed lag s far 
behind the projections that are seen in these documents.  
55.  Moreover, we have said on many occasions that the distribution and administration of vaccines 
remain s inequitable , and we see that more than 75% of all vaccines  have been administered in only 
about ten countries. This remains one of the biggest problems that we face in the in the current 
situation. And if we look at some of the COVID dashboards, we see that even COVAX has only 
managed to deliver 72 million doses to -date, which is 3.6% of the tw o billion doses it was supposed 
to deliver in 2021. So , given all these particular factors here, I think we need to apply a good dose 
of reality when we look at these production figures .  
4  REVIEW 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  
6.1  Tanzania on behalf of the African Group  
56.  I deliver this stateme nt on behalf of the African  Group . Regarding agenda items 4, 5, and 6. I 
would like to reiterate the well -known position of the African Group  as follows:  IP/C/M/100/Add.1  
 
- 13 - 
 
  a. The TRIPS Agreement should incorporate provisions which will take into account the 
protection of genetic resources and tradition knowledge and folklore through reviewing 
Article 27.3(b).  
b. The reviewed  provision should stipulate clear obligations for Members to  prohibit 
misappropriation of genetic resources and traditional knowledge.  
c. The original owners or custodian of genetic resources and traditional Knowledge should 
acquire equitably benefits from right holders.  
d. The TRIPS Council should avail itself to coope rate with other institutions which are competent 
on this area such as the CBD Secretariat, in order to be able to advance a meaningful work 
on this subject matter.  
6.2  Bangladesh  
57.  On agenda items 4, 5 and 6, the posi tion of Bangladesh has not changed. In this regard, to 
avoid repetition, I refer to my delegation 's statement delivered during the previous TRIPS Council 
meetings, including on 6 February 2020. Bangladesh stands ready to engage constructively and 
discuss t hese issues with Members.  
6.3  South Africa  
58.  We take the floor merely to recall our previous statements on these agenda items. As indicated 
previously, in this discussion we often lose the relative importance of the individual components 
making up the 'Triplets '. The Doha Ministerial Declaration instructed the TRIPS Council as part of its 
work programme to review Article 27 .3(b) as well as examine the relationship between the 
TRIPS  Agreement and the Convention on Biological Diversity (CBD) and the protection of traditional 
knowledge and folklore. These are legitimate outstanding implementation issues which remain an 
integral  part of the Doha round single undertaking. In line with our previous statements, it would be 
useful for the CBD Secretariat to brief the TRIPS Council on the CBD and other implementation issues 
under the Nagoya Protocol as well as any new developments. We  wish to raise once more the issue 
of the update of the three technical notes contained in documents IP/C/W/368/Rev.1, 
IP/C/W/369/Rev.1 and IP/C/W/370/Rev.1. It would be appropriate for the Secretariat to update the 
information contained in these notes in a neutral manner to further facilitate discussions among 
Members.  
6.4  China  
59.  China 's position on this issue has not been changed. China hopes that Members  can involve in 
this discussion in a constructive and urgent manner . China will host 15th Meeting of the conference 
of the Parties to the Convention on Biological Diversity in Kunming this coming, October, the theme 
of the meeting is  "Ecological Civilization: Building a Shared Future for All Life on Earth ". The meeting 
will discuss on how to better achieve the three goals of the CBD, including promoting biodiversity 
conservation, enhancing sustainable using and benefit sharing.  The meeting will formulate the 
Post--2020 Global Biodiversity Framework which will set out globa l biodiversity conservation and 
sustainable development plans for the next ten years. It is of China 's hope that the discussion and 
possible outcomes of the conference will provide motivation and reference to the discussion of 
TRIPS -CBD issue in the WTO.  
6.5  United States of America  
60.  The US position is well-known , and in the interest of time, the US will not reiterate  it in the 
present discussion . We ask that our previously shared points on these three agenda  items are 
reflected in the report of the Council. With respect to the various requests made  in the present 
discussion , the United States is not in a position to support these requests, but re mains open to 
discussions, including bilaterally with delegations in between and at the margins of TRIPS Council 
meetings.  IP/C/M/100/Add.1  
 
- 14 - 
 
  6.6  Nigeria  
61.  I wish to recall previous information provided  by Nigeria on these subject matters of which our 
positions remain unchanged and we wish to underscore that in order to develop a sound and viable 
technological base in developing countries and LDCs, any utilization of genetic resources from these 
regions must involve sustainable use in order  to conserve biological diversity  and must show 
evidence of a fair and equitable sharing of benefits, as are the principles of the CBD.  
62.  As a concrete way forward, we call on Members  to move forward on the discussions in order to 
review the TRIPS Agreement  on the requirement for patent registration, to include traceability and 
a prior informed consent from the source, in respect of any product manufactured from the utilization 
of general components or traditional knowledge and folklore. We therefore urge Members to consider 
collaborating with each other both regionally and internationally, in other to achieve this mutually 
beneficial goal.  
6.7  Indonesia  
63.  We would like to reaffirm our position on the importance of the negotiation of relationship 
between TRIPS Agreement and the Convention on Biological Diversity, as well as the need to protect 
traditional knowledge and folklore. We believe that the TRIPS Agr eement d oes not provide any legal 
obligation for Members to take all necessary measures for fair and equitable sharing of benefits as 
required by the CBD and the Nagoya Protocol. This provides room for misappropriation and misuse 
of genetic resources and t raditional knowledge. Indonesia believes that it is paramount for the 
Council to give simultaneous and adequate attention to address this issue together with all Members.  
6.8  Brazil  
64.  I shall be brief, as these are longst anding agenda items. I just wanted to reiterate that Brazil 's 
position with regard to the relationship between the TRIPS Agreement and the Convention on 
Biological Diversity (CBD) remains unchanged.  
65.  Our concerns and views on this topic have been thoroughl y and repeatedly expressed in past 
TRIPS Council 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.  
6.9  Egypt  
66.  Egypt recalls  the expositions on the previous statements on these  agenda  items as its position 
remains unchanged. We would like also to align ourselves with the statement delivered by Tanzania 
on this agenda item and  we stand ready to engage in constructive discussions on issues on this 
agenda item.  
6.10  Chile  
67.  Our country 's position is well-known  and we therefore simply ask the Secretariat to reflect in 
the report of this meeting what our delegation has already mentioned under these  agenda  items at 
past meetings of the Council.  
6.11  India  
68.  India reiterates the nee d for an international enforceable regime to end the misappropriation of 
genetic resources and traditional knowledge. Discussions on three mandated issues, namely, 
TRIPS -CBD linkage , GI Register and GI Extension based on the modalities contained in the Doc ument 
TN/C/W/52 should be taken forward. We also support the two long -standing procedural issues that 
is the update of three factual notes and the request to invite CBD Secretariat to brief the 
TRIPS  Council on the Nagoya Protocol to CBD.  IP/C/M/100/Add.1  
 
- 15 - 
 
  7  NON-VIOLATION AND  SITUATION COMPLAINTS  
7.1  Brazil  
69.  As we are just a few months away from the Ministerial Conference, it has become clear that 
this Council will not be able to deliver a decision on scope and modalities of non -violation and 
situation complaints. This is a longstanding discussion, and priorities have understandably shifted to 
the combat of the COVID -19 pandemic.  
70.  With little time ahead and no proposal on the table, it is reasonable that we once more agree 
to post pone this discussion, renewing the current moratorium on the application of NVSC to TRIPS. 
We support discussions to continue in the near future and invite a thoughtful debate on any possible 
landing zones for this topic.  
7.2  Tanzania on behalf of the African  Group  
71.  I would like to deliver this statement on behalf of the African Group. On Non -Violation and 
Situation Complaints, the African Group  still hold s its long -standing group position that:   
a. The Moratorium on Non -Violation and Situation Complaints should be made permanent in 
the TRIPS Agreement, in order to ensure Members  are not threatened to utilize flexibilities 
enshrined in the Agreement.  
b. However, s hould Members  wish to implement the mandate stipulated in Article 64.3 of the 
TRIPS Agreement of examining the scope and modalities for the application of non-violation  
and situation complaints  in dispute settlement  as allowed in Articles XXIII of GATT 199 4, the 
group remains committed to work together with other Members  for amicable solution.  
c. Nevertheless, it is in the understanding of the group that the expiry of paragraph 2 of 
Article  64 of TRIPS Agreement (here referred as the moratorium), will not trigger an 
automatic application of Articles XXIII of GATT 1994 in the Dispute Settlement, as it is 
contingent to the outcome mandated in Article  64.3 of the TRIPS Agreement.  
7.3  Chile  
72.  Our delegation 's position is well-known  among Members. In the run -up to MC12, we consider 
that it is important to re cognize 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 m oratorium without 
affecting Members ' position on the matter.  
73.  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 
respo nsible and cautious manner. Our delegation will remain open to contributing and seeking 
solutions on this matter.  
7.4  Bangladesh  
74.  On this agenda item, to avoid repetition, I refer to my delegation 's statement delivered during 
the previous TRIPS Council meetings, including on 6 February 2020. Bangladesh is in favour  of 
establishing a permanent moratorium. My delegation is ready to constructively engage on this issue 
further.  
7.5  Egypt  
75.  We would like to align ourselves with the statement delivered by Tanzania on behalf of the 
African Group . We want to reiterate the following:  
76.  First, we believe that non-violation and situation complaints should not be applicable to the 
TRIPS Agreement due to the negative effects they can have on both the policy space of Members 
and on their ability to use TRIPS flexibilities to increase access to medicines and to enhance their 
capacities to better deal with curre nt and future public health crises.  IP/C/M/100/Add.1  
 
- 16 - 
 
  77.  Second, we strongly support the continuation of the NV SC moratorium and making it 
permanent, and we would like to refer in this regard to the reasons explained in document 
IP/C/W/385/Rev.1 , which Egypt co -sponsored toget her with a large number of other Members.  
7.6  Australia  
78.  Australia is pleased that the TRIPS moratorium remains in place until MC12. We expect MC12 
will be a good opportunity for Ministers to discuss the merits of applying non -violation complaints to 
the TRIPS Agreement, particularly as we collectively respond t o COVID -19.  
79.  As we grapple with the public health challenges posed by COVID -19, Australia has made clear 
our view that Members  must have flexibility to take measures to protect public health in accordance 
with the TRIPS Agreement 's exceptions and flexibili ties. But allowing for non -violation complaints 
may broaden the scope of potential disputes and legal challenges under the TRIPS Agreement. This 
may risk limiting the ability for Members  to take measures to protect public health free from legal 
challenge.  
80.  We therefore support continued efforts to find a consensus solution on this issue, or to otherwise 
provide more time for a consensus solution to emerge on this basis, there may be a need to again 
extend the moratorium, particularly as we continue to grapp le with the challenges posed by 
COVID19.  
7.7  Argentina  
81.  The Argentine Republic 's position on this issue is well-known  and, to date, remains unchanged. 
We believe that complaints of this type are not appl icable to the TRIPS Agreement for the reasons 
explained in document IP/C/W/385/Rev.1, which Argentina co -sponsored together with a large 
number of other Members.  
82.  Non-violation and situation complaints in the TRIPS context are unnecessary. They raise serio us 
systemic concerns, run counter to the long -term interests of the multilateral trading system and 
upset the delicate balance of rights and obligations in the Agreement.  
83.  We believe it is necessary to continue to explore this matter. Argentina is ready to pursue 
constructive discussions on this issue with a view to finding an acceptable and permanent solution.  
7.8  Russian Federation  
84.  The Russian Federation is a co -sponsor of the document IP/C/W/38 5/Rev.1. We want to 
reiterate our position in this matter. However , in the current situation our delegation supports the 
statement made by Brazil on possible prolongation of the existing moratorium on non -violation 
complains under the TRIPS Agreement durin g MC12.  
7.9  South Africa  
85.  South Africa is not a proponent of the application of NV SCs, and the proponents of the 
application of NV SCs under the TRIPS Agreement have not provided concrete examples of the kind 
of scenarios under which an otherwise 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 NV SC. We stand ready to work with other Members 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 cou ld be collated by the Secretariat. This can build on previous 
discussions on what NV SCs should not be applicable 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 NV SCs. Given the very busy 
multilateral schedule it has been difficult to get traction on any sort of discussion. However, as we 
move to MC12 we should be able to find a moment to decide how we take this very important matter 
forward. South Africa would like to reiterate its view that the traditional linkage between the 
moratorium on NV SCs and the E -commerce moratorium cannot hold. The linkage is artificial and no 
longer sustainable.  IP/C/M/100/Add.1  
 
- 17 - 
 
  7.10  European Union  
86.  The European Union supported extending the moratorium on not using TRIPS non -violation and 
situation complaints  in the past . However, the EU remains open to hear and discuss any p ossible 
solutions for the future.  
7.11  Nigeria  
87.  We wish to recall our previous statements under this agenda item. We look forward to the 
proposal and suggestions by any Member  on the examination of scope and  modalities of application 
of NV SC under the TRIPS Council  and as provided under the TRIPS Agreement. We are in support 
of identifying ways to escape this deadlock. However, in the meantime, we believe that non -violation 
and situation complaints should not  be applicable under the TRIPS Agreement and we urge the 
TRIPS  Council  to make this recommendation to the upcoming Ministerial Council . 
7.12  China  
88.  China 's position on this issue remains unchanged. Like many other Members , China believes 
that non -violation and situation complaints should not be applicable to the TRIPS Agreement. We 
are also willing to continue the discussion.  
7.13  Canada  
89.  Canada 's longstanding position on this issue remains unchanged: the availability of NVNI claims 
under TRIPS would create legal uncertainty for Members. Canada recognizes that the current 
moratorium exists thanks to consensus, and we trust that Members can continue to discuss these 
issues in a collegial manner, especially in view of the high concentration of Members with concerns 
in this area , we wish to express our continued interest in participating in any consultations that t ake 
place on this issue amongst other interested Members. With respect to the proposed options on the 
way forward, Canada will need to consult internally, and will revert back after further reflection.  
7.14  Indonesia  
90.  I would like to reiterate our position in supporting the permanent moratorium of non -violation 
and situation complaints. We would also like to reaffirm our view concerning NVSC as stated in the 
document IP/C/W/385/Rev.1. We share the view that  we need to cautiously approach this issue in 
MC12. However, we do not see that this moratorium should be linked to any moratorium in this 
house as we believe that we need to consider each moratorium based on its own nature and merit.  
7.15  Bolivia, Plurinationa l State of  
91.  Bolivia maintains its position in considering that non -violation and situation complaints do not 
apply in the context of the TRIPS Agreement. The benefits derived from the Agreement can be 
adequately protected by applying the text of the Agreement in accor dance with the principles of 
international law and without introducing this legally uncertain notion. Its absence in no way 
threatens flexibility and TRIPS -related rights and obligations. Likewise, there is no precedent for the 
application of this type of claim and there are no concrete examples where an otherwise 
TRIPS -consistent measure would impair or nullify benefits beyond the obligations set out in the 
Agreement. In this respect we agree with some delegations present in supporting the extension of 
the moratorium. This delegation stands ready to continue discussions and to find a permanent 
solution.  
7.16  United States of America  
92.  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. As we have detailed in past interventions, NVNI claims have a long lineage in the 
WTO and in international tra de law generally. The applicability of such claims to the WTO Agreements 
is the rule , their non -application is the exception. The TRIPS Agreement moratori um is the exception. 
While we remain of the view that the text of the WTO Agreements and dispute settl ement reports 
provide Members with sufficient guidance on the application of NVNI disputes to the IP/C/M/100/Add.1  
 
- 18 - 
 
  TRIPS  Agreement . The United States remains open to considering specific proposal from Members 
wishing to further examine the scope and modalities for complain ts of these types.  
7.17  Sri Lanka  
93.  Sri Lanka also share s the same position as expressed by many other delegations who said that 
there is no relevan ce of these non -violation and situation complaints in relation to the 
TRIPS  Agreement . We continue to believe that the moratorium  should remain , and we are open to 
work with Members on such proposals as to the scope of  this moratorium . We also  share  the view  
that this mo ratorium  should not be linked to any other moratorium in any other area. It is something  
that we can discuss , and arrive at some decision  by MC 12, particularly in view of the COVID -19 
pandemic where many countries , without their knowledge , may be infringing certain IP  rights . It is 
time, we believ e, for an ex tension of this moratorium , so that the countries who are taking such 
measures will have a legal protection from those relevant articles.  
7.18  Switzerland  
94.  In this delegation 's view, the DSU provides sufficient guidance for the DSB to deal with a case 
of non -violation complaints in the TRIPS context. We thus see no necessity for the Council to work 
out TR IPS-specific modalities. However, should other Members see this differently, my delegation is 
ready to look at and discuss any such proposal for additional modalities. This , with a view to arrive 
at a consensus in time for the Council 's recommendation to t he Ministerial Conference at the end of 
this year , when the moratorium is set to expire or would need a further extension.  
7.19  India  
95.  India believes that such complaints in TRIPS can have a negative impact on  the regulatory 
policy space of Members  and on the implementation of TRIPS flexibilities. That will not only introduce 
legal uncertainty , but also immensely restrict the ability of Members to achieve legitimate public 
policy objectives. We look forward to engaging with like -minded Members in making such complaints 
inapplicable to TRIPS.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
96.  No statements were made under this agenda item.  
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  
97.  No statements were made under this agenda item.  
10  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
10.1  WTO Secretariat  
98.  The Council usually conducts such review at th e Council 's previous meeting of the year . 
Developed country Members are invited to submit information on their activities pursuant to 
Article  67 of the TRIPS Agreement. Other Members who also engage in technical cooperation are, of 
course, encouraged to sh are information if they so wish . Intergovernmental organizations with 
observer status in the TRIPS Council, as well as the WTO Secretariat, are also invited to report on 
their relevant activities  and in the past , we have had good returns in this regard . The requested 
written information should be made available four weeks prior to our next meeting in order to allow 
timely circulation before the meeting. In view of the dates of the next TRIPS Council meeting – 
13-14 October 2021 – this would mean that writte n information on technical assistance activities 
would be requested by 15 September 202 1. 
99.  Once again, we invite Members to use the e-TRIPS Submission System. As pointed out in the 
past, much of the value of this information relates to its searchability. Th e searchability of the 
information is vastly improved if the information is submitted through the e -TRIPS Submission 
System. You may still, of course, send us a paper version . However , the only search availability for 
such submissions will be full -text search, whereas submissions made in the e -TRIPS Submission IP/C/M/100/Add.1  
 
- 19 - 
 
  System are searchable , for instance , by beneficiary Members, date spans  or topics that may have 
been indicated. It is vastly pre ferential to use the e -TRIPS Submission System, and we encourage 
Members to do that.  
10.2  Bangladesh  
100.   The delegation of Bangladesh acknowledges the contribution of the developed country 
Members for extending capacity bui lding support to the developing countries and particularly the 
LDCs under TRIPS Article 67 through a wide range of programmes . These programmes  are critically 
important for the LDCs. My delegation also thanks the Secretariat for the briefing on the e -TRIPS  
Gateway related to TRIPS -related data and information.  Bangladesh sincerely thanks the developed 
country Members for their help and would like to request them to continue their valuable supports 
for the developing countries and particularly the LDCs and t he graduating LDCs.  
10.3  World Intellectual Property Organization  
101.  We would like to announce the dates of the trilateral distance learning course. The WHO, WIPO 
and WTO have prepared an executive course on promoting access to medical technologies and 
innovation , which is administered by the WIPO Academy. The purpose of this course is to give an 
overview of the factors that shape access to , and influence , the innovation of medical technolo gies. 
The cour se describes  how these two  objectives are shaped by a diver se range of factors that can be 
found in the policy fields of public health , IP and international trade . The target audience primarily 
includes  technical professionals, such as patent  examiners, health policymakers, drug procurement 
specialists, IP specialists and senior students. The dates for the next non -tutored session in Arabic, 
English, French, Portuguese, Russian and Spanish from 15  September to 31 October 2021 and the 
next tuto red session in English is scheduled from 12 November to 20  December 20 21. Registration 
for these two sessions will be announced on the WIPO Academy webpage in the end of August and 
in early October , respectively . 
11  INTELLECTUAL PROPERTY AND INNOVATION: SUMMARY ON THE 2020 THEME – 
MAKING MICRO SMALL AND MEDIUM -SIZED ENTREPRISES (MSMES) COMPETITIVE 
THROUGH IP AND INNOVATION  
11.1  United States of America  
102.  Before discus sing the new IP and Innovation topic under agenda item 12, the United States 
wanted to take a step back and summarize what we discussed over the past year under the theme  
"Making MSMEs Competitive through Intellectual Property (IP) and Innovation " as note d in the 
submission IP/C/W/678 /Rev.1. 
103.  First, under the sub -theme "Making MSMEs Competitive Through Trademarks " several 
Members  shared information about best practices that their governments and IP offices have 
employed to build the awareness of MSMEs and p rovide them with tools to protect their trademarks 
and maximize their commercial potential in the global marketplace.  Although, trademarks are the 
most widespread form of registered IP rights, they offer benefits such as product distinction and 
protection against unfair competition, and are a critical element of branding and marketing, many 
MSMEs still have not taken steps to apply for trademark protection because they lacked awareness 
and understanding of trademark protection.  
104.  Second, under the sub -theme "Making MSMEs Competitive Through Inclusive Protection of 
Various IPRs " the Council discussed how MSMEs often lack the awareness and understanding of how 
to develop their businesses through building and achieving a high -quality multi-layered  IP portfolio 
composed of various types of IP.  Members noted efforts to more effectively support MSMEs  in 
expanding their operations through the strategic growth and diversification of their IP assets, 
including programmes  and initiatives offered by national IP offices designed to assist individual 
inventors and MSMEs with protecting and commercializing th eir inventions, such as through fee 
discount policies for small and micro entities for IP registration  applications; a programme for 
cross-sectional "collective examination for IP portfolios " to grant multiple IP rights in a timely and 
coordinated basis; a nd development of "IP for business " audit and assessment tools and other IP 
pre-diagnostic services.  IP/C/M/100/Add.1  
 
- 20 - 
 
  105.  Lastly, under the sub -theme "Making MSMEs Competitive in Green Tech " Members  discussed 
how governments are increasingly building green tech innovation into  national strategic planning, 
including by establishing programmes  and tools that aim to encourage and reward green inventions 
and their diffusion. Several Members  shared their national IP offices ' positive experiences with 
programmes  such as providing per sonalized assistance with patent searches for green tech MSME 
inventors as well as prioritizing or accelerating application proceedings for patent applications 
directed toward green technologies.  Members also discussed the WIPO GREEN platform and its role 
in facilitating the development and dissemination of green technologies by promoting matchmaking 
between environmentally sustainable technology providers and seekers.  I will come back to share 
the United States ' experience with how businesses are using IP as a tool for attracting investment 
and financing.  
11.2  Switzerland  
106.  We thank the US delegate for briefly introducing document IP/C/W/678 which Switzerland is 
pleased to co -sponsor. Considering the importance of micr o-, small and medium sized companies 
for all national economies, the topic of making MSMEs Competitive through Intellectual Property and 
Innovation is relevant for all WTO Members independently from their status of development. To have 
at disposal this sum mary of the experience shared by Members, the challenges and lessons learned, 
is particularly useful and we thank the US as its author for it.  
11.3  Australia  
107.  Australia would first like to thank the US for drafting com munication IP/C/W/678 and is pleased 
to co-sponsor the paper. We would also like to take this opportunity to thank all Friends of IP and 
Innovation Members  who drafted communications to support the TRIPS Council discussions on 
Making MSMEs Competitive through IP and innovation throughout 2020 and 2021.  
108.  These communications have provided valuable opportunities to exchange views and explore 
the positive role of intellectual property rights in supporting small and medium sized enterprises 
grow and expand their businesses and we look forward to engaging in the final sub -theme for 2021 
focused on investment, financing,  and funding, under agenda item 12.  
11.4  United Kingdom  
109.  The United Kingdom would like to thank the US and the co -sponsors for preparing this paper, 
summarising the previous year's activity from the Friends of IP and Innovation Group, focused on 
IP and MSMEs. We are pleased to co -sponsor and to have the opportunity in past sessions and in 
the present discussion  to add our voice to those delegations that see this work and MSMEs as 
important in the overall innovation ecosystem. The UK considers that cr eative and innovative 
enterprises are vital to a strong economy, and MSMEs often represent the most innovative and agile 
businesses.  
110.  It is undeniably vital that these businesses ' success is complimented by an enabling and 
effective intellectual property fr amework. Over the previous year we have listened with interest to 
other Members ' experiences in this area, from how critical MSMEs are, to how IP can support and 
foster their success, and how governments can create an environment to aid this.  A key aspect for 
the UK was the theme of building awareness among MSMEs of the benefits of IP to their business, 
notably the example that some MSMEs may not have sought protections due to a lack of awareness 
or assumptions that processes to achieve this would be expens ive or difficult. Therefore, hearing 
examples of Members ' experiences relating to outreach and education efforts form Members , and 
the encouragement of the development of IP strategies as a core business function were especially 
helpful.  
111.  We also noted with  interest the increasing focus on green tech innovation, how both businesses 
and governments see this as a vital area of significance, and how MSMEs can benefit from a range 
of initiatives and tools that Members  have been putting in place encourage innovat ion in the green 
space.  We fully agree that MSMEs are critical to bringing innovative solutions to real -world 
challenges, as well as overall economic health, and would like to reiterate that while the significance 
of MSMES to economies is increasingly reco gnized, it is now more important than ever that we look 
at ways to bolster the capacity and health of MSMEs. The UK would again like to thank the US and IP/C/M/100/Add.1  
 
- 21 - 
 
  other Members  of the Group for presenting this paper, as well as for their contributions throughout 
this fascinating theme.  
11.5  Singapore  
112.  Singapore is pleased to co -sponsor agenda items 11 and 12 and will address them together. I 
would first like to thank the US for drafting the paper to wrap up and summarise the frui tful 
discussions that the membership had in 2020 and early 2021 on "Making MSMEs Competitive 
Through IP and Innovation ", in relation to Trademarks, Inclusive Protection of Various IPRs  and 
Green Technology. Various Members ' national policies, initiatives and platforms were showcased, 
which provided food for thought for us on how governments, business, academia and other key 
stakeholders can come together to synergise and identify the be st ways to ensure IP can benefit our 
citizens, businesses and the whole world at large. Singapore was happy to have contributed to these 
discussions in a substantive manner, and we are heartened to note that engagement on this topic 
was high throughout the  year.  
113.  We would also like to thank the UK for submitting the discussion paper on "IP for 
Investment/Financing/Funding ", which touches on how Members could tap on the potential in 
financing from the innovation process to bring benefits to more people. The UK's paper is useful in 
stimulating discussions on understanding how businesses can overcome difficulties in using their 
existing or potential IP assets to unlock funding and improve cash flow, and how various Members 
can support such efforts. Allow me to now share two recent projects that Singapore launched on IP 
financing, and the lessons we learnt from our experience.  
IP Financing Scheme (IPFS)  
114.  Singapore launched the IP Financing Scheme (IPFS) in April 2014 to help IP -rich (but physical 
asset -light) com panies to increase access to IP financing. Under this scheme, the Singapore 
Government shared the risk of the IP loan with the Participating Financial Institution (PFI) to 
encourage financial institutions to accept IP assets (namely patents, trademarks, an d copyright) as 
collateral in support of the loan. A valuation report by a panel of valuers (appointed based on their 
experience in IP valuation) was required for the application. PFIs will undertake the due diligence 
process in assessing the credit worthi ness and the business case of the applicants. The scheme was 
retired in 2018, after a total loan amount of SGD 12 million was disbursed from the PFIs. Three 
companies from various sectors successfully collateralised their IP assets1 to obtain funding 
necessary to support their working capital needs, and research and development  and expansion 
plans.  
Intangible Disclosure Evaluation and Audit Scheme (IDEAS)  
115.  In 2020, the Intellectual Property Office of Singapore (IPOS) and Singapore Exchange (SGX) 
jointly la unched the Intangible Disclosure Evaluation and Audit Scheme (IDEAS) programme 
exclusively for SGX -listed companies and companies preparing for a listing.2 The programme aimed 
to raise awareness and encourage companies to undergo intangible assets (IA) ev aluations and 
promote a more robust IA disclosure environment. This will help investors better appreciate the 
value of intangible assets and support companies in capital raising. The IDEAS programme provided 
companies with government support to undergo an IA evaluation and audit process. The process 
enabled companies to identify important IA information that are key drivers to their businesses and 
make recommendations on disclosing such important information to communicate business value to 
the market. Grea ter transparency and clarity in IA disclosures will help companies build investor 
trust and enhance the effectiveness of the Singapore capital market in helping IA -rich business raise 
capital, as the knowledge economy shifts away from the traditional indic ators of performance 
grounded in intangible asset values.  
Learning Points and Future Plans  
116.  Singapore 's effort in developing our IP financing sector has helped create market awareness 
that IP is a valuable asset. We remain committed to supporting our enterp rises' growth and 
 
1 https://www.straitstimes.com/business/companies -markets/ip -backed -loan-to-help-shoe-firm-make -
strides  
2 SGX and IPOS launch pilot programme to help companies identify and communicate intangible assets 
information - Singapore Exc hange (SGX)  IP/C/M/100/Add.1  
 
- 22 - 
 
  profitability through leveraging their intangible assets for commercialisation. Our experience has 
shown that a number of factors, such as cost of financing, market familiarity with the value of IP/IA 
assets, and a vibrant IP marketplace,  are important in driving the development of IP financing. As 
outlined in the Singapore IP Strategy (SIPS) 2030 launched on World IP Day 2021, going forward, 
Singapore aims to build an enabling infrastructure for IA/IP financing and transactions by:  
a. devel oping a credible and trusted IA/IP valuation ecosystem;  
b. enhancing financial institutions ' appreciation and assessment of IA/IP so the underlying 
risks and rewards of financing innovation -driven businesses are reflected accurately; and  
c. providing platforms  and connections to facilitate transactions.  
117.  We look forward to hearing from other Members on their national experiences.  
11.6  Japan  
118.  Japan would like to express our gratitude to the delegation of the US for comprehensive ly 
summarizing our discussion of the previous year and the first part of this year. Throughout 2020 
and in the first part of 2021, we shared experiences and policies regarding making MSMEs  
competitive through IP and Innovation. In addition, a number of WTO Members provided statistics 
and case studies showing the positive effects that IP has on driving innovation. This delegation 
believes that Members  also, by having valuable discussions, ga ined a better understanding of the 
role that IP plays in encouraging innovation.  
11.7  Brazil  
119.  We would like to thank the proponents for their submission, which summarizes discussions 
held under the macro topic of "Making MSMEs competitive through IP and Innovation ". Discussions 
have shed light not only on the difficulties many MSMEs have faced in using IP as tool for their 
businesses but also on the several program mes developed by Members to support their MSMEs.  
120.   These wer e very insightful discussions. It was very interesting to learn other Members 
experiences and share a bit of what Brazil has been doing to help MSMEs benefit from the IP system. 
We look forward to more discussions on this issue in the near future.  
11.8  South Africa  
121.  South Africa is currently implementing two flagship programmes aimed at assisting small 
businesses to benefit more meaningfully from the IP system. They are the Inventor Assistance 
Program (IAP) a nd the IP for Small, Micro and Medium Enterprises (SMMEs) project (IP4SMMEs). 
The IAP is an innovative programme administered by the World Intellectual Property Organi zation 
(WIPO). In South Africa it is implemented by the Companies and Intellectual Proper ty Commission 
(CIPC). It aims to make the IP system more accessible to under resourced inventors, whether they 
apply for patent protection as individuals or as a part of a Small Micro and Medium Entity (SMME). 
The principal goal of IAP is to bring as many under -resourced inventors as possible into their local 
IP systems by giving them the knowledge, tools and means that they need to file complete 
applications, undergo substantive examination and ultimately enjoy benefits of a duly issued patent. 
This is ach ieved through the provision of an online course on the importance of IP protection and 
finally, pairing of inventors with pro bono Patent Attorneys.  
122.  The IAP was launched in South African in November 2017 and commenced operations in 
November 2018. Turning to our second flagship programme, IP4SMMEs; the project has two 
overarching objectives:  
a. Enhancing SMME competitiveness through effective management of IP assets; and  
b. Strengthening the institutional capacity of SMME support institutions (SMME 
intermediari es) in delivering IP -related services to their stakeholders.  
123.  Furthermore, the SWISS -SA IP project (SSAIP), a collaborative programme between the CIPC 
and Swiss IP Institute supports the IP4SMME project. These programmes will be implemented over IP/C/M/100/Add.1  
 
- 23 - 
 
  the next three years. These initiatives, among others demonstrate South Africa 's commitment to 
ensuring that the IP system benefits SMMEs, which in many developing countries have been 
marginalized.  
124.  In crafting such initiatives, due regard must be given to the growi ng body of economic 
literature which suggests that the relationship between IPRs and development is a contested one. 
South Africa 's IP Policy was approved by Cabinet in 2018. It acknowledges the important role that 
IP can play in incentivizing innovation w hile engaging with the emerging consensus in the economic 
literature that the best outcomes are achieved when a given country 's IP regime is calibrated to its 
level of development. Our delegation remains amenable to engaging constructively on this theme.  
12  INTELLECTUAL PROPERTY AND INNOVATION: INTELLECTUAL PROPERTY FOR 
INVESTMENT/FINANCING/ FUNDING  
12.1  United Kingdom  
125.  The UK delegation expresses gratitude to the co -sponsors of this agenda item and the 
accompanying document. We are grateful to see this Council discussing a topic of high importance 
to businesses, especially MSMEs, and to the innovation and creativity ecos ystem as a whole.  We 
would like to thank the co -sponsors for entrusting us with giving an introduction, which we will do 
together with sharing experiences of the United Kingdom. We hope it serves as a catalyst for 
interesting conversation around the area o f finance and intellectual property. The paper seeks to 
explore, in the context of the importance of financing to businesses, the different ways IP can be 
leveraged for growth and sustainability. It covers different forms of financing available, as well as  
potential support governments can provide.  
126.  Given this somewhat uncharted territory, the exploration in this paper poses a number of 
questions, and we look to others ' experiences to perhaps provide some of the answers. These 
questions include: what are the  experiences of businesses using IP to raise finance internationally; 
measures taken by Members  that have supported businesses in their commercialization of IP; and 
how awareness of the benefits of IP could be raised with finance providers.  Intellectual pr operty 
assets have long been recognized as just that - assets. But valuing IP is not an easy task. For 
example, how much is your brand name worth after years of marketing. Valuing IP assets can be 
especially difficult if they are innovative - and therefore  novel and untested.  
127.  Further, intellectual property rights may change in value over time. For example, a patent may 
become less valuable as other solutions to the problem may be found, or a trademark gain value as 
it becomes more widely recogni zed. These s hifting values mean businesses will benefit from regularly 
taking stock of their IP assets - an 'IP Audit ' - that will allow them to:  
a. Identify the products and services that are crucial to business.  
b. Identify IP assets and the legal rights associated with t hem. 
c. Identify what market advantage these rights give.  
128.  …and thereby value IP assets as they would physical assets.  
129.  The world 's five most valuable companies are worth GBP 3.5 trillion together,  but their balance 
sheets report just GBP 172 billion of tangibl e assets - so 95% of their value is in the form of intangible 
assets, including intellectual property, data and other knowledge assets.  Too often, IP -rich firms find 
it difficult to collateralize their investments to unlock future growth funding, especiall y when 
compared with those firms holding more conventional assets.  So, we have to ask if there is a 
mismatch between the potential value created by companies with strong intellectual property 
portfolios and the investment opportunities afforded by investor s. 
130.  In the UK, evidence suggests that there are fewer than 5000 IP valuation reports 
commissioned per annum, and the market is somewhat underdeveloped versus what might be 
considered optimal.  It should be possible to bring more clarity to the subject of IP asset valuation 
so that investors and innovators can benefit from asset value as collateral for innovation.  IP/C/M/100/Add.1  
 
- 24 - 
 
  131.  The focus of government support should be to make it easier to maximize the return on IP 
through better knowledge, information flows, access to fina nce, insurance, and trading mechanisms, 
such as the UK government 's IP for Investment toolkit and IP Audit programmes , for businesses 
seeking equity finance to grow : supporting identifying IP assets and their relationship to growth and 
providing guidance o n 'investor readiness '. This could incentivise the creation of new ideas, increase 
the share that is commercialised, and thus contribute to innovative activity, which will benefit the 
wider economy through further innovation where firms are able to collate ralise their intellectual 
property.  
132.  Whilst there are no easy solutions within this complex set of interactions between businesses 
and financial institutions, it 's valuable to identify where potential obstacles lie and improving our 
understanding and use of  IP assets as a fundamental driver of economic growth.  For the UK, the 
growth in investment in intangibles, such as those protected by intellectual property, has been 
substantial. Between 1997 and 2016, investments in intangibles increased by 87% from GBP 71.91 
billion to GBP 134.29 billion.  
133.  In 2016, almost half of the assets UK firms invested in were intangible knowledge assets, 
rather than tangible assets.  There is no single market -wide or agreed methodology for valuing IP. 
Without a consensus approach, i t is difficult to independently verify the value attributed to a piece 
of IP. Unsurprisingly, one survey [a 2010 survey] showed that only 3% to 4% of SMEs had ever 
tried to assess the value of their IP.  
134.  However, some innovative, independent companies in the UK are bridging the gap between 
financial and intellectual assets by developing their own expertise in valuation and its realisation - 
such as the UK -based commercialisation company, IP Group, which ha s focused on linking 
university -originated research with investors through carefully considered IP asset valuation and 
development.  IP represents a global growth area, and those who are prepared to invest can prosper 
from this . We hope that others can join  the conversation on how to further enable this for the future.  
Again, we thank other Members  for their support, and look forward to hearing the views of other co-
sponsor s on their national experiences in this area.  
12.2  Switzerland  
135.  The Swiss delegation would like to thank the UK for introducing document  IP/C/W/679  for the 
Council 's present discussion. Switzerland is pleased to co -sponsor the agenda item, as well as the 
written submission. This document shows that financial capital can originate from various sources 
and take different forms, ranging from debt to equity. Some types of financing may be mor e 
appropriate than others depending on the stage of development of the IP protected innovations and 
creations. Nevertheless, financial capital is generally an important component at each stage of the 
innovation cycle, as it influences not only the transiti on from an idea to an innovative project, but 
also the creation of an IP asset and the commercialization of the finished project.  
136.  The interplay between IP and financial capital is already evident at the very beginning. To turn 
an idea into an innovative pr oject, financial capital is not only desirable but often a prerequisite for 
this to happen, as the inventors/creators often lack own funds.3 This is especially true for micro, 
small & medium enterprises (MSMEs). In order to tap investment opportunities, i t is therefore of 
utmost importance to convince investors that their financial contribution will not be in vain or fall 
into the wrong hands. Thus, the fact that an innovative project is eligible for IPR protection and that 
a company is able to secure this  protection is a signal to potential investors that an investment could 
be worthwhile.4 
137.  Once an innovative project is accomplished, it is important to have it protected in order that 
the full benefits accrue to the inventor/creator. However, small compani es often shy away from this 
step, not only because of a lack of awareness regarding the importance of IP but sometimes simply 
shy away from the initial administrative effort required to apply for an IPR or the costs involved in 
 
3 Worldbank (retrieved from: World Bank SME Finance , 31.05.21).  
4 SME Info (retrieved from: SMEinfo | IP for SMEs , 31.05.21).  IP/C/M/100/Add.1  
 
- 25 - 
 
  the granting procedures.5 Consequently, financial capital plays a role not only in the elaboration of 
an innovative project, but also in protecting its continued existence.  
138.  Established IP assets can signal quality, productivity and commercial potential to investors .6 
This is partic ularly so in the case of MSMEs, as the investor is provided with evidence that the 
company 's business plan is backed up by a possibly valuable asset. This finding was confirmed by 
Bloom Bio -renewables, a Swiss start-up that our delegation featured at the M arch 2021 TRIPS 
Council for the IP and Innovation topic "Making MSMEs Competitive in Green Tech ". This young 
innovative business explained that in its own case, IP was necessary to assure investors that the 
company is able to defend itself against potentia l illegitimate free  riders. Thus, the interplay between 
IP and financial capital becomes clear once again, this time with IP serving as a trigger for the 
acquisition of financial capital.  
139.  Finally, the ultimate objective in developing IP is to generate pos itive returns, including 
through licensing agreements, for both the inventor/creator and the investor. Thus, financial capital 
again is essential to exploit the possibilities at hand to finance market research, pilot testing and the 
full commercialization of IP assets.  
140.  Financial capital is therefore an important consideration in the innovation cycle as it affects 
each stage of the innovative process and is directly linked to the development of the IP protected 
innovations and creations. This topic is parti cularly relevant for small businesses and there is much 
room for further analysis. Therefore, Switzerland is currently cooperating with WIPO for a project to 
explore the possibilities for SMEs to use IP assets to access funding to shed further light on thi s 
important subject.  
12.3  United States of America  
141.  The United States is pleased to co -sponsor this agenda item on IP and Innovation and 
contribute to the discussion of "IP for Investment/Financing/Funding. " I would like to thank the 
United Kingdom  for introducing this  agenda  item and the co -sponsors for this item and all of the 
other Friends of IP and Innovation items.  The United States welcomes this opportunity to discuss 
how a company 's IP assets can be us ed to attract follow -on investment and financing, leading to 
further opportunities for innovation and growth of the business.  
Introduction  
142.  The impact of the implications of the COVID -19 pandemic has led to many companies seeking 
ways to preserve cash to i mprove their financial position while simultaneously raising funds to ensure 
a continuation of operations.  One option to consider is using the company 's intellectual property (IP) 
portfolio as collateral for funding or to gain access to credit – also known  as "IP-backed financing ". 
143.  Intangible assets account for trillions of dollars in value in the US economy and as a result, 
billions of dollars have been injected into IP finance. It  is critical that both business owners and their 
advisors understand not onl y where intangible asset value is found, but also how to access it.  
Effective IP financing can be a competitive advantage and a tool for growth.  
144.  According to data from the US Patent and Trademark Office, the number of patents recorded 
by the USPTO as havin g ties to a "security interest " or "security agreement " almost doubled to 
400,000 during the four years ending in 2019 when compared with the prior four years.7 
145.  In the case of lenders who are otherwise on the fence about whether to put forth a loan to a 
company in need, an IP portfolio can be a hidden source of collateral, especially when the IP rights 
are generating revenue through licensing, patent assertion, or sales.  
 
5 EUIPO 2021 (retrieved from: 2021_IP_Rights_and_firm_performance_in_the_EU_en.pdf (europa.eu) , 
31.05.21).  
6 Sahli, M.; Die Rolle des Geistigen Eigentums für Start -Ups, p. 6.  
7 https://www.ft.com/content/0b0e09b0 -9362-11ea-899a-f62a20d54625  IP/C/M/100/Add.1  
 
- 26 - 
 
  Definitions and examples  
146.  There are various financial practices in which IP assets can  function as a source of financing.  
These include securing venture capital, using IP as a collateral (i.e., to secure a loan), or IP 
securitization, which is still relatively rare, but refers to when IP assets are pooled together and 
packaged into an inter est-bearing security.   
147.  In recent years, IP asset -backed securitizations are most common in the film and music 
industries, but the practice is increasing in the biotechnology and software industries. Licensing 
revenues associated with clothing designs and s ports and film broadcastings, patents and 
trademarks, including the goodwill tied to them, have all been successfully leveraged.8 
148.  With respect to IP -leveraging in the biotech field, small and medium -sized enterprises (SMEs) 
and university entrepreneurs in  the United States are increasingly at the forefront of innovation in 
medicines, but as relatively small companies or start -ups, they often require external investment to 
help them fund their research and in turn generate significant licensing cash flow. A  number of 
economic studies over the past 20 years have shown that patenting activity by a start -up significantly 
increases the likelihood that that start -up will obtain venture capital funding or other types of 
investment.  Further, a 2018 study which analysed  venture capital backed start -ups, found that more 
than 25% of the patents awarded were then used to secure loans.  
149.  Recent conversations with SMEs and investors supported these trends. For example, in 
speaking with a VC a t Techstars Berlin who has invested in start -ups in the UK, EU and US markets, 
he confirmed that more than 50% of the biotech start -ups he has worked with already had some 
sort of IP or were taking active steps to secure IP protection to help enhance their  reputation and to 
secure external funding.  The importance of IP grows, he added, as a company matures and is 
seeking additional investment for growth or acquisition.  He noted that the other half of biotech 
start-ups that do not seek IP protection have str uggled with lack of IP awareness, concerns over 
cross border patent prosecution inefficiencies, and theft of IP.  The VC 's comments are a reminder of 
the need for governments to continue providing tools and resources that build awareness for 
start-ups and S MEs on the importance of IP protection, international registration, and how to report 
and prevent infringement.   
150.  A telecom SME CEO further explained in a recent call that without using their IP portfolio, they 
not only would have been unable to finance the development and growth of their company, they 
also would have been unable to pay for litigation in the US to enf orce against the infringement of 
their technology by much larger telecom companies.  In another example of how to leverage an IP 
portfolio, the telecom SME was able to use their patent to finance their patent infringement case. 
"Litigation funding ", also kn own as "litigation finance " or "third party funding, " is an alternative 
means for a claimant to fund the costs of a legal dispute. Rather than paying litigation costs out -of-
pocket, a commercial litigation funder finances the cost of the patent litigation in return for a share 
of any award or licensing revenue.  The SME CEO noted that better awareness of IP financing options 
for SMEs will incentivize greater use of national and international patent systems, and without patent 
protection, it would have been i mpossible for his company to succeed.  
Assessing IP and its Value  
151.  To leverage financing through IP, a business must understand the value of its IP assets.  
Valuing IP assets requires that a company first identify its IP assets, and second, assign a justifia ble 
value to the identified IP assets; both steps require careful consideration. IP assets are more easily 
identified by a company in those instances where IP rights are embodied in a granting document, 
such as an issued patent or a registered trademark, a lso known as formal IP.  However, non -
formal/non -registered IP assets that may also qualify as a company 's IP can be easily overlooked, 
such as: trade secrets; know how; business confidential information; and R&D. To ensure companies 
are confident that they  are aware of all of their IP assets, an IP audit should be performed. A 
comprehensive IP audit generally includes an evaluation of a company 's assets to identify its IP 
assets that it possesses, whether registered or unregistered IP.  
152.  In the United States,  the USPTO 's hub for start -up resources helps start -ups to address their 
specific IP challenges, including assessing IP portfolios and securing funding.  Information can be 
 
8 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3275999  IP/C/M/100/Add.1  
 
- 27 - 
 
  found on USPTO 's website for start -ups.9 In addition, the USPTO has partnered with the US Small 
Business Administration (SBA) to provide services to businesses seeking IP -leveraged funding, 
including loans, venture capital and SBA investment programmes . For those interested in 
intergovernmental organization support, WIPO has launched a new initiative for SMEs to undertake 
a basic identification and diagnosis of their IP assets. WIPO 's online "IP Diagnostic Tool " can assist 
a company with an assessment of the IP assets that a business may have and  how it may consider 
protecting and exploiting them, as well as the risks to the business of not managing these assets.   
153.  The second consideration for a business when pursuing IP -backed financing is IP valuation. 
Businesses must take steps to understand the  commercial value of their IP, and ensure their proper 
valuation by professionals.  However, valuing IP assets is often a difficult task because their true 
value may not be readily apparent A further obstacle is that there are no standard IP valuation 
metho dologies developed that are generally applicable to all IP rights big or small. For the purpose 
of securitization, technical valuations of IP rights are required and support for companies, including 
those in developing countries, is very much needed.   
Conclusion — The Intersection of IP Laws and Secured Transaction Laws  
154.  WIPO recognizes more should be done in this area, and as part of its emphasis on SMEs, the 
IP for Business Division within WIPO 's IP and Innovation Ecosystems Sector is developing several 
new resources, including comparative country reports to better landscape the current situation; 
promoting  discussions on IP and finance, such as the organization of expert meetings and the 
preparation of additional longer -term sustainable plans; and continuin g to develop new programmes  
to explore the evolving area of IP and financing.  
155.  Despite the ongoing policy and legal gaps that exist at the national and international levels 
concerning the intersection of IP laws and IP financing laws, businesses and lendin g institutions 
increasingly need to understand both fields, and governments and intergovernmental organizations 
should do more to link IP to business strategies in order to facilitate the rise of IP assets as a 
full-fledged asset class. While this process may be largely driven by the market, policy makers can 
design and deliver awareness campaigns and contribute to increased reliability in valuation 
standards and IP audit of assets to support the shared goal of ensuring that access to capital is 
eased for t hose economic units with the greatest growth potential, namely start -ups and SMEs.  
12.4  Australia  
156.  Australia would first like to thank the UK for drafting communication IP/C/W/679 and is pleased 
to co-sponsor the paper. As an innovation economy, Australia recogni zes the crucial role of financing 
in helping to commercialise new business ideas. As countries respond to the ongoing challenges 
posed by COVID -19, the role of private and public financing is going to play a fundamental  role in 
enabling economic recovery and supporting the business community to return to health.  
157.  Australia recogni zes that SMEs have been particularly impacted by the global pandemic, 
domestically and globally, and initiatives designed to target and support  MSMEs in the current 
climate are particularly important. MSMEs have worked hard to continue and in many cases 
transform their operations, whether through online deliveries, virtual events or the adoption of new 
digital platforms. This readiness to innovat e continues to be a key factor in Australia 's response to 
the immediate challenges resulting from the COVID -19 crisis and will be central to helping all 
businesses and the global economy bounce back.  
158.  As communication IP/C/W/679 explains, innovative busine sses can find it difficult to use their 
IP assets to unlock funding, particularly when compared to businesses that hold more conventional, 
tangible assets. To address this challenge, Australia is focused on ensuring that the IP system is 
accessible, well -understood and fit for purpose to support SMEs to commercialise their ideas and 
raise finance. For example, the Government commissioned a review of Australia 's patent system for 
SMEs. The Patent Accessibility Review was tabled in Parliament on 27 May 2021 . The review involved 
a number of recommendations to support SMEs to raise finance and use the IP system to 
commercialise their ideas and we look forward to engaging further with Members  on its findings once 
the Government 's response has been prepared.  
 
9 https://www.uspto.gov/learning -and-resour ces/startup -resources  IP/C/M/100/Add.1  
 
- 28 - 
 
  159.  Comm unication IP/C/W/679 recogni zes that beyond grant financing, there are ways IP offices 
can provide further tools to help SMEs access financing and commercialise their ideas. IP Australia, 
our specialised Government IP agency also offers a range of tools fo r SMEs to understand how the 
IP system can support them commercialise their ideas and raise finance. For example, the online 
SME Portal provides a single landing page for SMEs allowing access to a range of products and 
services designed to help SMEs naviga te the patent process SMEs are able to fast track their standard 
patent applications by requesting expedited examination. Expedited examination is also available if 
an invention is in the field of green technology. We look forward to further exchanges with  Members 
on how to use IP -related tools to support MSMEs in the green tech industry.  
12.5  Singapore  
160.  Presented under agenda item 11.  
12.6  Japan  
161.  The delegation of Japan appreciates the delegation of UK for  introducing our concept paper. 
Taking this opportunity, we would like to share our experience and national policies regarding this 
agenda item. As stated in our concept paper, financing affects every stage of the innovation cycle, 
from commercialization of ideas to expanding and sustaining business. Start -ups and SMEs are 
facing a wide variety of business challenges, of which financing is one of the most important 
elements. For SMEs, which do not have a large number of tangible assets, f inancing that focuses on 
the value and potential of their IP is invaluable. However, in general, financial institutions are not 
usually very good at understanding the technological capabilities, meaning IP, which are the source 
of sales and business growth . If financial institutions understand the background of their clients ' IP, 
they will be better informed to provide proper business support and management support to their 
clients.  
162.  In response to this situation, the Japan Patent Office (JPO) formed the IP finance promotion 
project. This project offers support to financial institutions by helping them focus on the potential of 
their clients ' IP and enable them to provide business and management support.  Specific examples 
of initiatives include writing and su bmitting two kinds of reports to financial institutions by affiliate 
research firms. The first reports are "IP business valuation reports ", which evaluate the IP -based 
businesses of SMEs. The second reports are "IP business proposal reports, " which include  strategies 
on and solutions for management issues. In FY2019, the research firms made a total of 167 reports.  
163.  Also, under the program, IP experts are sent to financial institutions so that they can 
understand SMEs ' businesses and create growth support sc heme within financial institution based 
on an IP -based perspective. Furthermore, a web portal was created,  and seminars are being 
conducted to raise public awareness and develop human resources in this field.  Another initiative is 
the accelerated -examinati on system. This is also mentioned in the concept paper, as one of the 
initiatives that IP Offices can implement to enable SMEs to obtain financial support as soon as 
possible. The JPO offers accelerated examination under certain conditions, and start -ups a nd SMEs 
are also eligible for this system. In 2020, first action pendency from request for accelerated 
examination was 2.7 months on average, which is a significantly shorter amount of time compared 
to applications that do  not undergo accelerated examinati on. 
164.  Furthermore, as a means to support start -up companies ' applications during patent 
examination, the JPO implemented the following two programmes : "Accelerated Examination Using 
Interviews for start -ups" and "Super Accelerated Examination ". These program mes are aimed at 
"working -related applications " of start -ups. The first programme includes interview examinations 
that are conducted prior to the first actions of examination results. The second program, super 
accelerated examination, provides first action s within one month from the request in principle. These 
two programmes  meet the needs of start -ups in terms of their obtaining patent rights much sooner, 
as well as speeding up the process so start -ups can strategically obtain high -quality patents.  
165.  In summ ary, IP assets can contribute to financing. This is crucial to SMEs ' business activities. 
Initiatives that support SMEs in acquiring more IP will ultimately help them financially. Japan would 
like to continue to support the activities of financial institut ions and companies through implementing 
various initiatives and programmes . Japan also looks forward to sharing experiences with other 
Members.  IP/C/M/100/Add.1  
 
- 29 - 
 
  12.7  Canada  
166.  Canada would like to thank the United Kingdom for drafting the communicatio n for this agenda 
item as well as other Members that are sharing their views and information on this topic.  Canada 
sees clear connections between the development and protection of IPRs by MSMEs  and the ability 
to secure investment and financing, enhance their growth, conduct additional innovation, and 
expand further into domestic and international markets. Canada has also identified some 
opportunities to facilitate the capacity of businesses in this area, particularly MSMEs, and will present 
on several related initiatives.  
167.  As noted at a past meeting of the TRIPS Council, as part of its IP Awareness and Education 
program me, the Canadian Intellectual Property Office has launched an online IP Academy, featuring 
a suite of information materials and interactive learning resources for businesses and entrepreneurs. 
The IP Academy includes a recently -developed "massive open online  course " developed by the 
Canada -based Center for International Governance Innovation on "Foundations of IP Strategy " that 
offers particular value for MSMEs. The IP Academy also includes an online self -assessment IP 
strategy tool for MSMEs which generates a tailored guide with information on what to consider when 
developing their IP strategies. One of many areas covered by this resource is IP -based financing, an 
area of growing importance and potential for innovative companies. As noted in the tool, IP -based 
financing strategies include IP -backed loans, IP royalty securitization, which involves the pooling 
and selling of future IP -related income streams in exchange for immediate financing, and IP sale 
and license -back arrangements which can involve the sale of IP assets in exchange for immediate 
financing, while retaining the option of using the IP assets through a license -back arrangement and 
potential option of to buy back the ownership of the IP assets at a fixed price at the end of the 
license period. The  IP Academy materials are available online should any other Member wish to 
consult them, share with their own stakeholders, or have questions or feedback to share with 
Canada.  
168.  Additionally, in 2020 the Business Development Bank of Canada launched an IP -backed 
financing programme for businesses ; the first of its kind in Canada to provide capital to 
high-potential companies in knowledge -based industries, particularly those who have monetized 
their IP portfolios through product commercialization or licensing a rrangements, or both.  If other 
Members with similar programmes  – or with an interest in pursuing similar programmes  – would 
have an interest in further discussions with Canada, we would be pleased to follow up and arrange 
conversations involving our respec tive authorities in this area, in the spirit of continuing to leverage 
the TRIPS Council as a venue for collective policy exchange and learning.  
12.8  Chinese Taipei  
169.  In the knowledge economy era, IP plays a vital role in cre ating value and competitive 
advantages for enterprises. Not only can IP generate revenues through commercialization, but also 
it can provide funds for enterprises through licensing and being used as collateral for a loan to name 
a few. To encourage start -ups and SEMs to utilize their intangible assets for accessing finance, the 
"Statute for Industrial Innovation " was amended in 2017 to introduce a legal framework for the 
valuation of intangible assets.  
170.  Since 2019, with the support of the government, throug h patented technology valuation (in 
terms of market analysis, technology assessment, legal issues, etc.) conducted by the Industrial 
Technology Research Institute (ITRI) as well as credit guarantees provided by the "SME Credit 
Guarantee Fund (SMEG) ", more than ten intangible assets financing cases have been facilitated. To 
continue promoting IP financing, starting from 2020, the ITRI has further cooperated with the SMEG 
to assist SMEs or start -ups that have already had or will have technical cooperation wit h the IRTI to 
have financial access. If approved by the board of experts, the SMEG can provide an over 80% 
guarantee for the loan. Currently, 26 banks are participating in this program.  
171.  We strive to provide better measures to effectively assist start -ups and SMEs to obtain funding 
through IP investment/ financing/ funding so that they can maintain business operations and 
continuous R&D. We therefore welcome Members ' related measures and experiences in this area.  IP/C/M/100/Add.1  
 
- 30 - 
 
  12.9  European Union  
172.  The EU delegation is pleased to co -sponsor this agenda item together with the delegations of 
the UK, the US, Canada, Japan, Switzerland, Chile, Australia a nd Singapore.  We thank in particular 
the UK for the active role in the drafting of the document submitted in the present discussion  to the 
TRIPS Council. Intellectual property rights play an increasingly important role in corporate strategy 
and the intangi ble assets created through innovation represent a major share of the value of today 's 
businesses. The IP rights associated with intangible assets are the legal guarantee for potential 
returns on investment in innovation.  Innovation is a complex activity us ually with the involvement 
of many inventors. It is rare that there is a single inventor for any given innovative product or 
service, and hence there is a need to exchange and bundle inventions and intellectual assets that 
stem from different sources.  
173.  The world is becoming increasingly ingenious overall, although certain regions experience 
more intensive growth. For example, the total number of researchers in Asia is now larger than that 
of the US and EU combined. A well -functioning IP asset market makes a  greater number of valuable 
inventions available for the market.  In this respect, in finance, the securitization  is an important 
instrument supporting IP valuation.  Securitisation is a process through which a n asset, especially a 
loan, is converted into ma rketable securities, typically for the purpose of raising cash by selling them 
to other investors.  A solid new asset class in the market energizes the securitisation market. 
However, a number of obstacles currently preclude IP exchange platforms from worki ng optimally. 
These include the difficulty for sellers and buyers to swiftly identify each another, the contract 
negotiation is a difficult process and there is a lack of agreed standards and terms.  
IP valuation  
174.  As intellectual property (IP) and intellectual property rights (IPRs) play an increasingly 
important role in corporate strategy, the accurate valuation of IP remains a major obstacle to their 
emergence as a tradable asset class. Though there are several generally accepted ways to measure 
the value of IP, the introduction of more transparency in IP valuation procedures may render the 
trading of IP rights significantly more efficient and profitable.  IP valuation is a complex process, 
rather than an automatic calculation. Therefore, there is a  need to create a pool of IP valuation 
professionals and standardised methods that would be recogni zed by both the investors and the 
business partners. Existing ISO standards of IP valuation methods are a worthy starting point but 
more should be done in th is regard.  
175.  There is also a need to work on the accounting frameworks to improve the way companies can 
report on their intangible assets, as currently it is mostly limited to optional descriptive reporting or 
reporting of assets that have been traded. A Re port was prepared by the European Expert Group10 
on Intellectual Property Valuation in 2013. The report covered the commercialisation of innovative 
ideas, with the value of the IP asset acting as collateral. The report looked especially at small and 
medium -sized enterprises. The report found that the role of IP in the financing process is often an 
indirect one. IP plays a supporting part in the bigger picture for the provision of loans and equity 
investments. In the regular banking, venture capital or priva te equity sectors, IP is generally 
evaluated but not formally valued.  Equity investors typically invest into companies as a unit, but not 
into IP assets as such.  
176.  In return for their investments, investors receive an equity stake of a company, which owns 
IP and intends to exploit the IP. However, low quality IP can be a deal breaker for investors. An IP 
audit is considered by some Venture Capitalists as an important tool to assist the investment process 
by signalling  the quality of the IP in possession of t he investee. The Expert Group noted that an 
issue that influences a company 's decision to protect its IP, especially in the case of SMEs, is to what 
extent such rights are enforceable, the time and costs involved in litigation, and the foreseeable 
economic  results. The quality of the enforcement system has also an important impact on IP 
protection. SMEs, and large companies, need to be assured by an accessible justice system against 
infringements.  
177.  Large investment banks and private equity firms alike have r aised and invested funds in IP 
and other intangible assets. Rather than looking for entrepreneurs and start -up companies, these 
 
10 https://op.europa.eu/en/publication -detail/ -/publication/797124c6 -08cb-4ffb-a867-13dd8a129282  
 IP/C/M/100/Add.1  
 
- 31 - 
 
  firms are looking to invest in IP and Intangible Assets for development and commercialisation 
purposes. These firms work with co mpanies to either buy the IP and the Intangible Assets or invest 
in the company for commercialisation of the IP and the Intangible Assets.  
Trade mark Valuation  
178.  The valuation of IP rights has mostly focused on patent rights so far. But valuation of other IP 
rights is also possible. The EUIPO is looking to the IP valuation as one of the component to raise IP 
awareness and support businesses to access to finance.  The EUIPO 's work is at an early stage, 
looking into the opportunities and benefits that IP valuatio n could bring to EU SMEs. The EUIPO 
focuses on the valuation of trademarks and more specifically, EU TMs.  
179.  The EUIPO has started consultations with professional IP valuators and SMEs. The aim is to 
identify business cases where the understanding of the val ue of an intangible asset could help SMEs 
in various business stages and situations.  The EUIPO is analysing the feedback received from IP 
valuators and SMEs and looking into some preliminary data modelling related to the valuation of EU 
trademarks. If the feedback is positive, the EUIPO will share the results and continue the work 
towards an IP assess valuation method.   
COSME and Innovfin  
180.  The EU is very interested in exploring ways to promote the use of IP as collateral in debt 
financing. COSME is Europe 's programme for SMEs.  COSME aims to make it easier for SMEs to access 
finance in all phases of their lifecycle – including the creation, expansion, or business transfer. hanks 
to the EU 's support, businesses have easier access to guarantees, loans and equity  capital. EU 
'financial instruments ' are channelled  through local financial institutions in EU Members.  
181.  As regards the COSME Loan Guarantee Facility and the InnovFin SME guarantee facility, these 
are instruments that are managed by the European Investment Fund and deployed by eligible local 
banks, leasing companies and guarantee institutions. Within the assessment of the quality of the 
applications received by financial intermediaries to benefit from the guarantee, one aspect that is 
assessed is the ability  of the applicant to finance SMEs, or facilitate finance to SMEs. Here is where 
a financial intermediary could indicate its expertise in assessing IP assets and their potential use as 
collateral. The Innovfin guarantee refers more directly to IP rights. Th is guarantee scheme financed 
by Horizon 2020 supports innovative SMEs. One of the eligibility criteria for such companies to obtain 
a preferential credit based on this guarantee scheme is the ownership of an IP right related to 
technical inventions and the  aim of the loan is to enable the direct or indirect use of this technology 
right.  
Cultural and Creative Sectors (CCS)  
182.  The culture and creative sectors perform various tasks for the economy and society. However, 
there are still structural problems, which are holding these sectors back from achieving their full 
growth potential. The Creative FLIP project – co-funded by the European Union – is aiming to resolve 
this situation. Its main objective is to establish constructive and sustainable framework conditio ns 
in the fields of finance, learning, innovation and patenting for the cultural and creative sectors in 
Europe.  
183.  Over the course of the 28 -month project term, the project partners will develop various 
research and pilot measures to improve the use of the f inance and patent system and to ensure 
greater integration of the cultural and creative sectors into the European competence and 
qualifications framework. The project also seeks to strengthen the relationship between players in 
this sector and formal and i nformal education through Peer2Peer exchanges and innovative Learning 
Laboratories.  
184.  Exploring this aspect seems quite relevant for the creative sectors, which rely on IP assets and 
where notably SMEs may find it hard to obtain financing general. However, in a context where IP 
assets prevailing in the creative sectors are protected by copyright or other non -registered IP (e.g. 
unregistered design), harnessing such use can be extremely challenging. With regards to debt 
financing, a better connection between the Cultural and Creative Sectors and financial intermediaries 
is needed. The experience of the Cultural and Creative Sectors Guarantee Facility (CCS GF) managed 
by the European Investment Fund is relevant in this respect.  IP/C/M/100/Add.1  
 
- 32 - 
 
  185.  The Cultural and Creative Sectors Guarantee Facility benefits micro -businesses and SMEs in 
the cultural and creative sectors, which often face difficulties in accessing affordable debt financing 
for their projects. The guarantee aims to change that. Loans supported by the European Union under 
Cultural and Creative Sectors Guarantee Facility are now available for business in all of the 
participating countries, which include the EU Members, Iceland and Norway.  
12.10   Brazil  
186.  Brazil is pleased to join as a co-sponsor  of document IP/C/W/679, which proposes a timely 
information exchange on ways to improve IP -intensive enterprises ' access to funding. We see this 
discussion paper very much connected to the previous agenda item and somewhat a continuation of 
the topic of MSMEs and IP. It goes without saying that access to funding is the enabling condition 
for companies to be able to develop and bring their ideas to the market.  
187.  For small entrepreneurs, which most of the times have lit tle marketing expertise, receiving 
targeted assistance to find financing options might be crucial for the success of their businesses. In 
order to create an innovation prone environment, governments may play a role in providing 
assistance to new businesses  in that realm. Another promising path related to IP funding is the 
dissemination of IP marketplaces.  Governments may also help here, by not only promoting these 
marketplaces, through organizing IP business rounds, for example, but also creating programmes  
and sectoral studies to facilitate the matchmaking. Brazil 's IP Office is undergoing a profound 
transformation to go beyond the registration office paradigm and provide right holders with a diverse 
array of IP services.  
188.  The "INPI Negócios " programme (INPI  Business, in English) has financing strategies for IP as 
one of its main pillars. The current President of the INPI, Dr. Cláudio Furtado, is an economist with 
a history of working in the segment of financing start -ups. In his speeches, Dr. Furtado always 
highlights the positive role that IP offices, when registering property rights over intangible assets, 
can play in promoting investments in innovation. We are looking forward to hearing other Members ' 
experiences in this issue.  
12.11   China  
189.  In 2020 and the first part of 2021, Members actively participated in discussion on "Making 
MSMEs Competitive through Intellectual Property (IP) and Innovation " in TRIPS Council. The 
discussions have provided important references for Members  to use p ublic policies to help MSMEs to 
promote their innovation ability and better participate in global trade. China shared our experiences 
and happy to make contributions to the discussion.  
190.  On the topic IP for investment/Financing/Funding, China attaches great importance to helping 
technological companies to tackle their financing strain and has adopted a number of measures to 
assist technological companies to obtain financing through IPRs. One of the important measures is 
to promote intellectual property pledge  financing. Intellectual property pledge is a financing activity 
in which enterprises pledge their intangible assets including trademarks, patents and copyrights in 
order to obtain funding. Through intellectual property pledge, enterprises, especially tech nological 
MSMEs can better tackle their capital constraints, accelerate intellectual property transformation, 
and enhance competitiveness. Intellectual property pledge has produced positive outcomes, in 2020, 
financial institutions at national level have i ssued a total of more than 5 ,000 loans, amounting to 
CNY 59 billion.  
191.  In time of pandemic, in order to help companies to obtain rapid pledge financing, local 
intellectual property administrations in China have established a green channel for intellectual 
property pledge registration and improved the efficiency. This compress ed the paper processing time 
of patent pledges to three  working days and the electronic processing time to one working day.  
192.  Commercial banks in China also have improved the working mechanism of intellectual property 
pledge loans. For example, the Bank of C ommunications has launched a "Smart Financial Services " 
project in Beijing specifically for intellectual property pledge financing. This project has three 
advantages. Firstly, the project can save 2% -3% costs by reducing assets evaluation by asset 
appraisa l companies, legal reviews by law firms, insurance service by insurance companies. 
Secondly, the project establishes a credit approval system in line with the characteristics of IPR. IP/C/M/100/Add.1  
 
- 33 - 
 
  Nearly 40 indicators being set up serve as an important basis for evaluat ing intellectual property 
quality, intellectual property financing risks, and approving credit lines, which can be easily 
measured by bank staffs. Thirdly, the project establishes a form -based standardized process for 
credit approval, the loan approval can  be completed within three  working days when the materials 
are already . 
12.12   Côte d 'Ivoire  
193.  We followed this agenda item with great interest,  and we have appreciated the way Members 
have provided several examples of program mes and project s, including MSMEs funding to develop 
their intellectual property . The European  Union announced several programmes , including one that 
was dedicated to the cultural sector and creation . We would like to know what sector that is focusing 
on, that is our question . My delegation  would once again like to thank all the Members for this 
exchange of points of view s and  opinions on this highly important item.  
12.13   European Union  
194.  We thank Côte d 'Ivoire for the question. We will forward the question to the programme 
managers of this programme to get more details and then we are going to come back directly to 
Côte d 'Ivoire.  
12.14   United Kingdom  
195.  I would like to thank all of the delegations who have given a statement under this  agenda  
item. We have heard a lot of focus on MSMEs and this links well to the previous year's theme focusing 
on this category of businesses. The growing amount of knowledge in the space of IP and growing 
understanding of the functioning of the IP ecosystem is especially valuable together with the e -TRIPS 
platform and its searchable database.  
196.  We also agree with the delegations who noted the benefits of collaboration with the WIPO, 
particularly its relatively new IP and Innovations Ecosystems Sector. A number of additional 
questions have also been raised, for example elements around securitisation, the differences 
between IP evaluation and valuation, as well as the rol e of enforcement.  I would also like to thank  
delegations for sharing their specific national experience, projects and programmes in this area 
important and relevant to innovative and creative businesses. We think this was a useful discussion 
and look forwa rd to further conversations in the future.  
12.15   Jamaica  
197.  This statement is being delivered in our national capacity. At the outset, let me thank the 
proponents for their submission in document IP/C/W/679.  
198.  Jamaica has over the year s recognized and continues to place a high premium on the level of 
importance given to intellectual property (IP). As a nation which possesses a cadre of talented 
individuals including artists, musicians, performers and innovators there has always been a 
deliberate effort to ensure that there is an awareness of the ramifications of the legal framework 
involved in IP such as trademarks and copyright. While IP is vital for all creators , it is  becoming 
increasingly essential to the development of MSMEs. In Ja maica, it is estimated that MSMEs employ 
about 80% of the workforce. It is therefore critical that our MSMEs have a fundamental 
understanding of the advantages and the importance of greater IP protection to boost creativity, 
innovation and competi tiveness.   
199.  Allow me to briefly share efforts currently ongoing at national level aimed at supporting MSMEs 
in the area of IP. The Government of Jamaica through our local IP Office, is currently leading a 
project title "Strengthening the IP Ecosystem to Increase Inn ovation, Competi tiveness and Growth 
in MSMEs in Jamaica " funded by the Inter - American Development Bank (IDB) and the 
Caribbean  Development Bank (CDB). This project is geared towards strengthening the IP ecosystem 
in Jamaica so that MSMEs can leverage thei r IP assets and obtain financing. This will help to increase 
their competitiveness and foster innovation which will contribute to economic growth in Jamaica. 
The majority of Jamaica 's MSMEs are in the micro -sector and they usually have challenges in 
obtain ing financing as financial institutions or providers consider them to be risky borrowers and IP/C/M/100/Add.1  
 
- 34 - 
 
  they are the ones least likely to access funding even when resources are available. This project is 
part of the overall efforts of the Government to improve the lo cal business climate and increase 
support and access to finance for MSMEs. The ultimate aim of the project is to shift public and 
stakeholders ' perception and awareness of the benefits of IP creation, valuation and monetization.  
200.  My delegation wishes to co mmend the TRIPS Council for the discussion on "Making MSMEs 
Competitive through Intellectual Property (IP) and Innovation " held throughout the previous year 
and for the early parts of this year. Indeed , going forward priority must be given to MSMEs to ensure 
they are well equipped and well positioned to benefit from the intellectual property ecosystem.  
13  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
13.1  South Africa  
201.  We would like to recall the introduction that South Africa made regarding the revised 
TRIPS  Waiver Proposal (document IP/C/W/669/Rev.1)  at the informal TRIPS Council meeting of 
31 May 2021. As we speak, the pandemic continues to rage o ut of control . As co-sponsor s we have 
on many occasions called for our negotiations to be brought to an expeditious end. During the last 
session of the TRIPS Council, we heard many Member s favourably disposed to discussing the text 
which we presented. We heard that some Members were still studying the text or would revert during 
the today's meeting. Certainly , we are looking forward to hearing these particular views that are to 
be presented.  
202.  We want to remind Members that ending the pandemic everywhere in a timely manner is a 
public good and should be an overarching priority for the WTO  and its Members . Our exp ectation as 
co-sponsor s is that we get into a line -by-line discussion of the revised TRIPS Waiver Proposal . We 
have been in discussions for eight months now, given the time sensitivity of the situation, we cannot 
allow our discussion to go beyond July with out severe consequences not only for the WTO as such, 
but for the world at large. As a very quick check, as  of 7 June 2021, we are in excess of  3.7 million 
fatalities as reported to the WHO. As of 5 June, the number of vaccine doses administered  is around 
1.9 billion doses. The economic consequences unleashed by COVID -19 will continue for as long as 
inequitable access to health products and technologies persist, including vaccines, therapeutics and 
diagnostics.  
203.  Chair, on the process about which you asked v ery pointed questions , in order to achieve an 
outcome, it would be necessary to meet regularly during June and July in both plenary and 
open-ended small group settings. Chair we therefore call on you to ensure that an appropriate 
schedule of meetings is pr epared in various formats and settings. As co-sponsors we have been 
active and have racked up a prodigious number of bilaterals in the last two months, and in the last 
three  weeks we have reached out to several delegations to discuss the changes to our TRIPS Waiver 
Proposal . We would also need to prepare our recommendations  and report to the General Council  in 
July taking into account the latest developments in our discussion s. Given the time sensitivity of this 
discussion, we look forward to making substantial progress towards the next General Council 
meeting.  
204.  As co-sponsor s we remain flexible on the mode of interaction and would have already indicated 
three  elements in our 31 May statement that can be discussed with greater focus and granularity 
going forward. For ease of reference, let me  very quickly recall these points:  
a. In respect of t he operative paragraph 1 of the TRIPS Waiver Proposal , we have revised 
and added specif icity to the decision text, following some concern that the original decision 
text was reputedly too broad. From this perspective, t he revised text addresses these 
concerns by focusing the text on "health products and technologies ", noting that the 
prevent ion, treatment or containment of COVID -19 involves a range of products and 
technologies which includ e, inter alia , diagnostics, therapeutics, vaccines, medical devices 
and personal protective equipment. We further pointed out that intellectual property iss ues 
may arise with respect to the products and technologies, their materials or components, 
as well as their methods and means of manufacture. As we have explained , the continued 
surge of COVID -19 highlights the critical importance of meaningful access to personal 
protective equipment (PPE), tests, therapies, and vaccines to prevent the spread and to IP/C/M/100/Add.1  
 
- 35 - 
 
  reduce illness and death in high -risk populations and settings. These resources are acutely 
neede d in many communities, with documented shortages and access barriers across the 
continuum of care. It is clear that the prevention, containment and treatment of COVID -19 
involves a range of health products and technologies , which we have included in the Waiver 
Proposal . The same logic applies to diagnostics, for example. H ow will we know if we are 
winning the battle against COVID -19 if we do not have robust testing regimes in place ? 
Quick identification of cases, quick treatment of people and immediate isol ation to prevent 
the spread of the coronavirus is very important. As we have always said, t esting is also 
important in the bigger public health picture on mitigation efforts, helping investigators 
characterize the prevalence, spread and the contagiousness of the disease. Our 
preambular text also point s out the concern of continuous mutations and the emergence 
of new variants and consequently the many unknowns with respect to the COVID -19 virus.  
b. The second point that we made relates to the IP protections . As the text reads,  the 
proposal also calls for a waiver of the application, implementation, and enforcement of 
TRIPS provisions on copyright, industrial designs , patents and protection of undisclosed 
information. These categories of intellectual property ar e relevant to the production, 
supply, and access to COVID -19 health products and technologies. Very quickly once again 
to reiterate, p aragraph 3 of the revised text makes explicit that the waiver will not apply 
to the protection of performers, producers of  phonograms ( sound recordings ) and 
broadcasting organizations under Article 14 of the TRIPS Agreement. To underscore, 
during the course of our discussions, we have highlight ed in various documents the 
relevance of addressing existing and potential intellectual property issues in respect  of 
copyright, industrial designs, patents and the protection of undisclosed information , 
inter alia, in documents IP/C/W/670, IP/C/W/672 and IP/C/W/673.  
c. The last as pect that we introduced was the o perative part of paragraph 2 of the revised 
text, which deals with the issue of duration. In this regard, the revised text states that the 
Waiver shall be in force for at least three  years from the date of this decision. Th is clearly 
captures the temporary nature of the Waiver. Furthermore, to bring this point home, the 
General Council would have to determine a date of termination of the waiver, once the 
exceptional circumstances justifying the waiver actually cease to exist .  
205.  In moving to closing, we think in light of the above substantive elements, the co-sponsor s 
stand ready to deal with each of the se categories in a line -by-line discussion. As already indicated 
by you, Chair, we would be relying on your good offices to facilitate our discussion based on a 
schedule on which we can  agree so as to create predictability and to ensure that we have the best 
use of the months of June and July in order to make substantial progre ss in these negotiations. 
Furthermore, we look forward to the views that Members will express during this meeting and their 
contribution to our text -based discussions. We will continue to engage constructively and show the 
necessary flexibility towards fin ding a balanced outcome that has at its core the ramping -up and 
diversification of production across the world. This is critical in ensuring resilience against the current 
pandemic but more importantly,  it is critical to help us to  start to prepare for fut ure pandemics.  
13.2  Tanzania on behalf of the African Group  
206.  On behalf of the African Group , I want to thank the proponents and co-sponsor s of the proposal 
which the African Group  is also a co-sponsor. Our position remains the same as the one we shared 
during the consultative meeting on 31 May 2021 where we insisted the following  main points :  
a. COVID -19 has continued to be the biggest challenge of our time and continues to impair our 
social economic progress built over the decades.  
b. Africa , like other continents, is grappling to contain the pandemic since its outbreak in 2020. 
The prevention, treatment and containment of COVID -19 remains a top priority of our 
governments  until now .  
c. The current WHO statics on vaccination show s that Africa, developing countries and LDCs 
are not very satisfactory and therefore it should be our concern. This low pace of vaccination 
allows the virus to continue mutating and will lead to a point where it will be too complex to 
contain it in future. We also say that n o one country or one continent will win this battle 
alone.  IP/C/M/100/Add.1  
 
- 36 - 
 
  d. To achieve the broad objective of ending COVID -19 needs solidarity, a collectiv e approach , 
and collaborative efforts , particularly in scaling up the production and distribution of 
vaccines, therapeutics and diagnostic kits.  
e. We also mention that n umerous stakeholders and key groups of people across the globe, 
are acknowledging that th e current centralised production and distribution of vaccine s, 
contributes to the delay in reaching the 60% target  of vaccination in the population as a 
head immunity target.  
f. We believe that the proposed waiver will contribute to the scaling up of producti on and 
distribution of COVID -19 vaccine, therapeutics and diagnostic kits across the globe.  
g. Therefore, the Group would like to welcome and thank Members' flexibility and support 
shown so far. As we are embarking on a text -based negotiation, we would like t o insist that 
the envisioned waiver , to be meaningful , should not be a replica of the existing flexibilities 
enshrined in the TRIPS Agreement. That said, it will be important for Members to seriously 
consider the negotiation text as tabled by the proponents.  
h. We would like also to insist on the importance of r eaching an outcome as soon as possible, 
most preferably to be before the summer break. It has already taken us too long to start 
negotiation on this subject. We have heard too much in the question and answer  discussions, 
which were worthwhile to consider b ecause they will reduce the time to negotiate the line 
by line text . For the waiver to be meaningful in saving the lives of the people, we need to 
move swiftly , as the virus is ramping up and many lives are being lost . That said, the 
African  Group  would li ke to request the Chair  to hold numerous consultative meetings in 
various formats such as small group, informal and formal configurations.  
207.  Basically what the African Group is looking for is that during the General Council, the 
TRIPS  Council will be in a position to present the adopted waiver as its report. Chair, I want to also 
insist to Members that they remain as flexible as possible so that we can finalize this work as soon 
as possible.  
13.3  Mongolia  
208.  The delegation of Mongolia wishes to thank Chair for your tireless efforts of bringing 
delegations to a middle zone on this important matter. My country has benefitted receiving doses 
thanks to the international collaborative efforts, becoming  one of the highest vaccinating econom ies 
within the region. However, the economy and the livelihoods remain fragile due to ongoing economic 
strain, disruption in supply chain and transit traffic.  
209.  Although Mongolia alone might have succeeded in vaccinatin g the majority of its population, 
the situation remains unpredictable to many of the Members and economies. This current state 
undermines the efforts of tackling both health and economic crises. A recent IMF report analysed 
that pandemic policy is economic  policy and there is no foreseen end to the economic crisis without 
an end to the existing health crisis, which will rely on the success of the race against the virus. 
However, the virus is evolving and mutating in high speed without waiting for us to disc uss it, adding 
complexity to the control of SARS -COV-2.  
210.  The Council has been discussing the TRIPS Waiver proposal  for months ; whether it is necessary 
or sufficient. The proposal alone may not be sufficient to tackle the impediments caused by the 
pandemic.  But we believe that it is necessary for the Council to step forward and start discussing 
how to operationalize the TRIPS Waiver Proposal  and stewardship of the global economic reset.  
211.  Should the waiver fail to achieve its sole purpose of upscaling the pro duction of vaccine s, 
therapeutics and diagnosis, the revised text circulated under  document  IP/C/W/699/Rev.1 leaves a 
space for Members to review and take necessary actions at the General Council. With this, the 
Mongolian delegation urges Members to consid er prevention  and treatment of COVID -19 beyond 
vaccines in the proposed text. The delegation of Mongolia  echoes other co -sponsors in asking you 
to facilitate consultations and engage Members in discussions towards substantial progress in the 
interest of time.  IP/C/M/100/Add.1  
 
- 37 - 
 
  13.4  Malaysia  
212.  Malaysia wishes to thank the proponents and co -sponsors for th eir hard work and continued 
engagement in ensuring that multilateral efforts are taken to contain the global pandemic in order 
to end the human and economic suffering caused by it. We welcome the specificity contained in the 
revised text by the proponents on health products and technologies , including that the TRIPS Council 
assesses the need for continuing the waiver after three years.  
213.  As per our previous statement made in this Council, Malaysia had used compulsory licensing 
twice: once for the importation of HIV medication in 2003, and secondly in 2017 for the treatment 
of Hepatitis C. We remain cognizant of the role of intellectual property in research and development ; 
nonetheless, the urgency of this pandemic situations needs to be addressed now and can n o longer 
be suspended. Malaysia is entering its third wave and we are in total lockdown until 14 June 2021. 
As of 7 June 2021, we have recorded about 622,0 00 confirmed cases with 3,460 deaths. Vaccination 
is being rolled out, with only 3.47% of the populat ion having been administered second doses.  
214.  On this account, Malaysia attaches great importance to timely and affordable access to 
COVID -19 vaccines and related goods. We view that any effective multilateral cooperation is vital to 
overcome these global ch allenges. As vaccines are a global public good, Malaysia supports and looks 
forward to the commencement of text -based negotiations on the temporary waiver of certain 
provisions of the TRIPS Agreement.  
13.5  Fiji 
215.  Fiji expresses its support calling for the need to move forward and conclude this phase of 
negotiation for a decision on this IP Waiver Proposal . The wrath of the COVID -19 and its evolving 
mutation as well as the necessary tools to combat the continuous evasion of the pandemic into our 
society needs to be put to a halt through a means from the WTO. The continuous mutations and 
emergence of new variants of COVID -19 highlight the significant uncertainties and complexities of 
controlling this pandemic which un derscore the urgency of this decision paper to be reviewed and 
finalised sooner. The concern and urgency as mentioned has been reflected and accommodated in 
the preambular paragraph of this revised draft decision paper.  
216.  We have noted that the COVAX Facili ty, despite its critical role, still fall s far behind in terms of 
its perceived target of purchase and vaccination coverage. This is due to numerous factors , most of 
which are well-known  to Members,  which are closely related to production and supply chain 
limitations thus, it would be unwise for the global community to remain solely reliant on a single 
arm or entity to answer the global surge in demand especially so for the developing Members who 
are still far behind.  
217.  The rate of vaccine coverage remains u nequal for all societies , some of which are more 
fortunate than the others. This deficiency requires global and multilateral collaboration and efforts 
not only in funding the COVAX Facility but more so in other innovative measures to boost production 
and s upply of COVID -19 preventative tools to strengthen public health measures. Fiji is thankful to 
its neighbours Australia, New Zealand , the WHO and partners for their continued assistance to Fiji 
and the Pacific these recent weeks . However , we are equally mi ndful of our small island developing 
states community , likewise those developing countries , which are still far behind in their vaccination.  
218.  Further we are not only talking about vaccine ; we need to think of all other tools such as 
therapeutics, diagnostics, PPEs and so on which needs to be diversified and scale d-up to curb the 
evolving mutations and to sufficiently equip our various health centres and bring confidence back to 
our public h ealth facilities and economies. All these has been addressed amicably in the preambular 
section of the draft decision paper.  
219.  In terms of multilateral cooperation, we have heard in addition to the co -sponsors, the wide 
spectrum of support of the internation al organisations, and worldwide support from the general 
public ; thus, it is only fair that we give a chance to the WTO and all its Members  to progress forth 
together in solidarity.  
220.  This is global public good  and our economies are fragile and rely on the service sector , such 
as tourism , to revive the economy. Without which , reviving the economy would remain challenging IP/C/M/100/Add.1  
 
- 38 - 
 
  and it  is difficult for the travelling public, including investors , to find confidence in any economy. The 
proponents remain  flexible to co nsider views as we dwell on the text to materialise this long-standing  
discussion in light of the urgent need to act to ensure that no one is left behind.  
221.  Regarding the process, we have noted the indicative dates of upcoming meetings ; however , 
in view of the textual discussions that need to be pursued, we would welcome comments in any 
format by delegations. In addition , we would also welcome more regular consultations facilitated by 
the Chair in various predictable configurations to at least finalise this text to be presented to the 
July General Council. Beyond the summer break would be quite difficult , as we have various other 
competing priorities to address before the MC12. The two months before us , we believe , should be 
sufficient to gather comments and responses in view of the urgen t agenda.  
13.6  Egypt  
222.  Egypt aligns itself with the statement delivered by Tanzania on behalf of the African Group; 
we also would like to thank South Africa  for presenting the revised proposal. We would like to 
reiterate that the extraordinary circumstances caused by the COVID -19 pandemic require 
extraordinary measures to respond, and that the waiving of intellectual property on COVID -19 
medical tools is need ed to help end the pandemic. The Members  co-sponsoring the Waiver Proposal  
recently submitted a revised proposal to the WTO outlining its scope and duration, with the objective 
of progressing to formal text -based negotiations.  
223.  After almost 15 months since the beginning of the current crisis, it became evident that there 
are limitations on relying on using the TRIPS flexibilities , including compulsory licensing ; these 
flexibilities are not enough to address pandemic -level challenges. Countries need to have a ll options 
at their disposal to encourage the manufacturing of COVID -19 medical tools across the world and 
we believe that the revised TRIPS Waiver Proposal  would provide countries with a critical policy 
space to address intellectual property barriers to i ncrease collaboration in research and 
development, manufacturing, scale -up, and supply of COVID -19 medicines, vaccines and other 
health technologies in order to put an end to this pandemic.  Regarding the process , we reiterate our 
call for accelerated in -depth engagement on the text of the revised proposal in order to conclude 
discussions and reach agreement in advance of the General Council in July.  
13.7  Pakistan  
224.  Pakistan wishes to recall all its previous statements on this iss ue 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  item.  
225.  Well over a year into the pandemic and almost eight months since we started discussing this 
proposal, we are now entering a defining stage, and not with a moment to lose. The last several 
months have had intensive debate and have presented a revised text f or the proposal which is 
specific, comprehensive and addresses the most immediate and critical elements in our fight to 
overcome the pandemic. The scope of the waiver is designed to cover those elements without which 
an effective response to the pandemic w ould not be possible. This includes diagnostics and 
therapeutics. Similarly, the scope of intellectual property for all these aspects includes patents, 
copyright, industrial designs and trade secret protection. The duration of the proposal is also justifie d 
and gives a minimum period for fulfilling the objectives even though the situation remains 
unpredictable and uncertain.  
226.  We wish to welcome the recent developments including the increasing number of co-sponsor s, 
the expression of support from many Members  including those earlier opposed to the waiver, and 
most recently the commitment by APEC Members  to take this text forward, and the support of the 
DG. These developments with the support of the entire members hip have set us up perfectly for 
text-based nego tiations .  
227.  We are now in the final phase with a conceivable finish line. Constructive engagement on this 
text by all Members  is the only way forward to deliver on the most crucial issue confronting us today. 
Time is of the essence now. This proposal cannot  and should not wait till MC12. We must seek to 
conclude these textual discussions before the General Council in July and deliver on this waiver. For IP/C/M/100/Add.1  
 
- 39 - 
 
  that, Chair, we thank you for your coordination so far, and urge you to convene as many meetings 
and in wh ichever format, as may be necessary to arrive at a consensus on the revised text.   
228.  This is our moment of truth. The world has all eyes on the WTO to deliver on this opportunity 
to save precious lives and  address the global inequities in access to the cruci al elements for 
overcoming the pandemic. Let us not fail in our duty, especially when a comprehensive text sits 
before us to be accepted.  
13.8  Sri Lanka  
229.  Though not a co -sponsor, Sri Lanka has been strongly supporting the Waiver Proposal  since 
its inception and spoken at great length on the imperative need for Members  to take the proposals 
presented by the proponents seriously for finding an urgent solution , so that the WTO can deliver 
one of the most crucial solution s towards addressing the global health crisis of unimaginable 
magnitude. It is needless to emphasize the imperative need for Sri Lanka to secure the required 
amount of vaccines on an urgent basi s, as the country is undergoing a very complex and challenging 
pace with the emergence of the third wave which has already created an unimaginable impact on 
our population. The country is currently on a long lockdown and is trying to stop the spread of the  
disease desperately. We are thankful to many countries, such as the United States of America, 
European Union, China, Russian Federation, Australia, India, and other numerous countries , which  
came forward to support us at this very crucial time in numerous  ways.  
230.  In the same vein, we welcome the revised decision text for the TRIPS Waiver (contained in 
document IP/C/W/669/Rev.1) submitted by the 63 co -sponsors and focused comments by 
WTO Members on the revised decision text.  
231.  We have heard with great interest  the explanations provided by the South African Ambassador 
in presenting the revised decision text for the TRIPS waiver on 31 May and today b y the delegate of 
South Africa . We are of the view that the revised decision text brings greater specificity and cl arity 
as to the objectives, the scope and the duration of the waiver which the proponents and Sri Lanka 
are seeking for. The preamble text captures well the challenges the international community is facing 
with respect to the SARS -COV-2 as well as the resu lting uncertainties and complexities.  
232.  With respect to the scope, the range of interventions governments have deployed to control 
COVID -19 underscores the need for a much broader scope beyond vaccines. It is important for the 
scope of the revised decision text to include therapeutics, diagnostics and others COVID -19 health 
products and technologies. These categories of intellectual property are relevant to the production, 
supply, and access to COVID health products and technologies.  
233.  The continued surge of C OVID -19 highlights the critical importance of meaningful access to 
personal protective equipment, tests, therapies, vaccines and medical devices to prevent the spread 
and reduce illness and death in high -risk populations and settings. Accordingly, many  countries ' 
national COVID response strategies acknowledge the need to ensure equitable access to critical 
COVID -19 PPE, tests, therapies, vaccines and essential medical devices. These resources are acutely 
needed in many communities, with documented shortages  and access barriers across the countries.  
234.  One of the examples, which I wish to highlight here  today , is a specific type of a medical device 
that measures the oxygen saturation of blood, which is in great demand in many countries, including 
mine, due to the COVID -19 pandemic. We never thought that this device could be in such demand 
in any of our lives . Since the early months of the pandemic, doctors have been aware of an alarming 
subgroup of COVID -19 patients who develop "silent hypoxia " – where t hey show no obvious 
symptoms of being severely ill, despite having worryingly low oxygen levels. According to 
information currently available, the phenomenon is difficult to detect without monitoring blood 
oxygen levels, and it is dangerous because these p atients can rapidly deteriorate and require urgent 
access to machines that can support their breathing.  
235.  Pulse oximeters cannot diagnose COVID -19, but they can alert patients who are already 
infected with coronavirus when levels of oxygen in the blood are f alling. They are therefore most 
appropriate for use by those at high risk of developing serious symptoms, such as the older 
population , and those with medical conditions that put them in a higher risk category, such as serious 
heart or lung conditions. When we look at the data on the amount of deaths recorded in Sri Lanka, IP/C/M/100/Add.1  
 
- 40 - 
 
  we are sad to state that the aged population constitutes a better portion . This is not unique to Sri 
Lanka. It is the case in many developing countries. For instance, the UK 's National He alth Service  is 
currently offering pulse oximeters to COVID -19 patients who are aged 65 years and older and/or 
are regarded as clinically extremely vulnerable.  
236.  According to information currently available, the devices work by shining two different 
waveleng ths of light through people 's skin to measure how much oxygen is being carried by their 
blood. Blood containing plenty of oxygen absorbs different ratios of these wavelengths compared to 
deoxygenated blood. This  is a non-invasive device that clips to a fin gertip or earlobe and measures 
how much oxygen is being carried by the blood, as well as heart rate. This information, alongside 
other health data, can help healthcare workers decide if someone needs extra breathing support and 
should therefore be transfer red to hospital.  
237.  This prior testing on acute patients will reveal whether those patients should require to be 
transferred to hospitals for urgent medical treatment, including treatment at ICU rooms, so their 
lives could be saved. We in Sri Lanka, the hospi tals and other medical professionals , are using pulse 
oximeters to segregate those patients who require urgent medical treatment at hospitals, so the 
health infrastructure in S ri Lanka will not be overwhelmed and can be well managed during this 
vigorous th ird waive, and certain segments of COVID -19 affected population can be easily treated 
in other care centres established for the same purpose.   
238.  In view of such benefits, the sales of pulse oximeters are booming in some countries as both 
individuals and heal th systems invest in them to monitor the symptoms of discharged COVID -19 
patients at home. We also note that there is a scarcity of supplies , not having availab ility in abundant 
quantities and at an affordable price, making this essential device not accessible to many developing 
countries such as mine.  
239.  When one looks at this medical device alone, it reveals that it entails most of the IP regimes 
such as, patents, industrial design, possibly trademark s, integrated circuits and trade secrets. Also 
the data reveals that this medical device has been patented in many countries around the world by 
many private companies. A commercial prototype of medical grade pulse oximeter as a competitive 
product on par with other similar products in the local market (which have been imported from 
foreign countries) has been developed by a team of researchers by a university in Sri Lanka  with 
the financial support under the Technology Grant Scheme.  
240.  If Sri Lanka wants to p roduce them locally using the available manufacturing capacity through 
compulsory licences, there may be a need to issue compulsory licences not only on patents but on 
an array of related IP regimes. Sri Lanka has also assessed local manufacturing capacity  of producing 
certain vaccines in Sri Lanka which are based on viral vector technology or messenger RNA 
technology , and have approached many patent holders for securing  voluntary licenses  assuming 
that their vaccines have not yet been panted  in Sri Lanka. Responses from certain pharmaceutical 
companies are still being pursued with a view to obtaining know -how transfer programmes to ensure 
the expeditious commencement of their production in Sri Lanka.  
241.  Such classical examples demonstrate the scope of intelle ctual property under the waiver must 
include aspects that are relevant to the COVID -19 health products and technologies that are patents, 
copyright, industrial designs and trade secret protection.  
242.  In relation to the duration  contained in the proposal , we have read the justification for the 
proposed duration provided in the introduction of document IP/C/W/669/Rev .1. Operative paragraph 
2 of the revised text adds a paragraph on the proposed duration and the revision states that the 
Waiver shall be in force f or at least three years from the date of this decision. This clearly captures 
the temporary nature of the Waiver. We agree that the duration has to be flexible and practical in 
view of the fickle situation we are in. Every day we are learning something new  about the pathogen 
and the new variants and the mutations that emerge, their effectiveness against vaccines, 
therapeutics and diagnostics. The situation with respect to production is also unreliable. We are 
looking forward to continue even further in -depth engagement on the text.  
243.  We call on you Chair to hold a series of informal and formal meetings with the aim to conclude 
discussions and reach agreement in advance of the General Council  to be held in July this year . We 
also urge you to hold and organise these discussions and consultation s with Members  in different IP/C/M/100/Add.1  
 
- 41 - 
 
  configurations while preserving the three key principles of openness, transparency and 
inconclusiveness, so that collectively we will be able to engage in good faith, solution -oriented 
discussio n that will result in a balanced outcome that addresses the concerns of all.  
244.  Every  day counts . We have been discussing this proposal for eight months ; we need to 
accelerate the discussion on the text and reach an agreement that can deliver equitable access. The 
world is waiting for the WTO to deliver a fair outcome and we must not disappoint. My delegation 
assures its fullest desire to engage constructi vely to find a sustainable solution to this pandemic, 
which requires sharing of new COVID -19 technologies with producers having local manufacturing 
capacities, such as mine, accompanied by know -how transfer programmes  to ensure the rapid 
uptake of quality high volume production.  
13.9  Indonesia  
245.  We would like to support the statement of South Africa and other co -sponsors. As the pandemic 
is still progressing in many parts of the world, we should not wait any longer in finalizing  this 
proposal. This waiver is critical in ensuring that we tackle one of the key barriers to the global access 
of health products and technologies for prevention, containment, and treatment of the COVID -19 
pandemic. We are heartened to listen, during the last informal meeting, a broader view to accelerate 
the negotiation pace of this Waiver Proposal . 
246.  We have stated during the previous meeting that the revised proposal provides more clarity, 
especially in terms of objectives, scope, and duration of the waiv er. We would like to elaborate 
further on this. The revised preambular provision specifically underlined continuous challenges that 
we are all facing, especially from the threat of virus mutation that are now spreading unabated. This 
mutation is particular ly dangerous as scientific data shows that some strains are more immune to 
particular vaccines. This situation has also posed challenges in COVAX distribution where few 
Members  have returned or redirected vaccines donation.  
247.  These challenges require our immediate response. And this proposal shows how we should 
apply coordinated responses to ensure global action for unimpeded, timely, and secure access to 
quality, safe, efficacio us and affordable health products and technologies for all. The scope of the 
products reflects  the specific need for prevention, treatment, and containment of COVID -19. We are 
of the view that all the health products and technologies listed are necessary g iven the severity of 
this pandemic and serious shortages of those products in many Members . 
248.  The WHO specifically urges countries to adopt contact tracing mechanisms as key components 
of public health tools to interrupt transmission of COVID -19 and control the virus. However, many 
Members , especially developing countries and LDCs, still have signi ficant difficulty to access this 
technology because of the shortages or unaffordable price of the technologies.  
249.  Moreover, diagnosis should also follow with an effective treatment that is widely available and 
affordable to ensure no patients are left untrea ted. At the same time, protections  of our medical 
practitioners are also of critical importance . Alongside with the rollout of safe and effective vaccines, 
diagnosis and treatment are indispensable elements to stop this pandemic. Indonesia as one of the 
co-sponsors is also of the view that the materials or components of the products, as well as their 
method and means of manufacture are equally important to ensure an efficient transfer of 
technologies and know -how.  
250.  On the duration, Indonesia is  acutely awar e of the epidemiology analysis of the WHO. In light 
of this, the proposal offered a restricted time for the application of the Waiver. However, as there 
are many things that are still unclear concerning the course of this pandemic, there is an immense 
possibility that this pandemic and inequality of access to health products and technologies would 
last longer than predicted. Hence, the review to determine the existence of the exceptional 
circumstance s for the waiver is needed after the three years. We are e ncouraged that delegations 
are and will provide views to the revised proposal. We are ready to engage positively with all 
Members  for the conclusion of this proposal.  
251.  Concerning the modalities , we share the views that we can start discussion from preambul ar 
provision and continue paragraph by paragraph of the operative provision. In this regard, we call on 
the Chair to facilitate further in -depth engagement on the text by holding as many meetings as IP/C/M/100/Add.1  
 
- 42 - 
 
  needed. These meetings can also be dedicated to specific issues in the proposal. By providing 
adequate meeting time, we are hopeful to conclude discussions and reach agreement prior to the 
General Council meeting in July.  
13.10   Bangladesh  
252.  The delegation of Bangladesh appreciates yo ur sincere efforts to facilitate discussions on this 
issue. With all the co-sponsor ing Members , including the LDC Group , Bangladesh attaches high 
importance on the issue of immediate access to vaccine against the ongoing pandemic. Bangladesh 
also aligns with the statement to be delivered by Chad on behalf of the LDCs.  
253.  The ongoing pandemic has already done enough damages a nd the LDCs particularly are the 
hardest hit.  The priority now is to ensure unconditional, affordable, equitable and timely access to 
vaccine, required medical equipment and other curative measures to stop the pandemic. Members 
that have local manufacturin g capacities should be allowed and supported by all means to produce 
vaccines and therapeutics to address supply constraints in developing countries and LDCs . It is also 
essential that they get an unhindered supply of materials and components as well as th e transfer of 
technology, methods and means of manufacture.  
254.  As promised, the proponents have already circulated a revised version of the submission 
(document IP/C/W/669/Rev.1) to define a suggested period for this temporary waiver and make an 
indicative l ist of the products that would be required for the treatment and containment of COVID -19 
pandemic. The revised decision text provides greater specificity and clarity as to the objectives, the 
scope and the duration.  My delegation also commends the U nited States of America  for its decision 
to extend support to this Waiver proposal on COVID -19 vaccine to help end the pandemic and their 
willingness to actively participate in text -based discussions. Several other Members are following 
the US initiative.   
255.  As the  way forward, Bangladesh supports that a text -based discussion should begin without 
further delay based on the revised submission as proposed by the proponents. My delegation looks 
forward to engaging constructively on this important proposal.   
13.11   Australia  
256.  Securing equitable and widespread access to COVID -19 vaccines and other health products is 
a key priority for the Australian Government. For that reason, w e are interested in, and open to, all 
proposals in the WTO that may support this objective, including proposals for a waiver of 
TRIPS  Agreement obligations. Given our shared interests in finding a consensus outcome, we are 
ready to engage in text -based discussions on proposals for a waiver, as well as any other pr actical 
and tangible proposals . In that regard, we also thank the European Union for putting forward its 
proposal to the TRIPS Council. We look forward to negotiations in the TRIPS Council and the WTO 
more broadly on how we might find a practical and mutua lly agreed outcome as soon as possible . 
Of course  this will require a great deal of compromise from all WTO Members . 
257.  There are still a range of views among WTO Members about how best the multilateral IP system 
can support the increased production of COVID -19 vaccine s, so any outcome will need to fairly 
accommodate these views, and not lose sight of our shared objective of ensuring timely, equitable 
and widespread access to COVID -19 health products.  
258.  Alongside these important IP -related discussions, we look forward to further exploring what 
other tangible outcomes the WTO can deliver . I know that is not the matter at issue here, but it is 
important to take that wider view  as well , and think about issues such as tariffs, export restrictions 
and trade facilitat ion, and any role that the WTO can play as a matchmaker between vaccine 
developers and manufacturers. Finally, we want to take this opportunity to thank the Secretariat for 
its very informative presentation this morning on vaccine production and agreements . This is exactly 
the sort of information that is  helpful as we  work together to look for the policy responses that were 
made to  drive vaccine doses globally  into arms . IP/C/M/100/Add.1  
 
- 43 - 
 
  13.12   Mexico  
259.  Mexico recognizes that in order to effectively move towards economic recovery, the COVID -19 
pandemic needs to be brought to an end, which, in turn, can only be achieved by ensuring access 
to vaccines in all countries  because as we know,  the virus does not respect borders. Mexico thanks 
the co -sponsors of document IP/C/W/669 and for the revised version, which was circulated on 
21 May 2021. The Mexican authorities are continuing to examine the scope and impact of the 
proposal.  
260.  In this connection, we acknowled ge the work put into providing clarity regarding the scope , 
implementation  and duration. However, we are concerned by the breadth of the list of health 
technology and products indicated in the proposal. Similarly, as has been pointed out by other 
delegatio ns, we are struck by the fact that the mechanism for reviewing the duration of the waiver 
could lead to it being extended indefinitely, since the consensus of the General Council is required 
for its termination.  Likewise, we thank the European Union for it s recently circulated proposal, which 
is also being examined by our authorities. We welcome the fact that this proposal is based on and 
clarifies the flexibilities contained in Articles 31 and 31 bis of the TRIPS Agreement.  
261.  As we have already stated, this delegation considers that we must strike a balance between 
finding solutions to the COVID -19 health crisis and protecting intellectual property rights, which, in 
our view, have been a driver of innovation and technological progress to the benefit of both 
consumers and producers. In this connection, Mexico expresses its intention to proactively 
participate in the discussions held in order to reach an agreement on this important matter.  
13.13   Bolivia, Plurinational State of  
262.  We consider this forum, the TRIPS Council, an important platform for seeking consensus on 
how to address the current crisis resulting from the shortage of vaccines in most countries as a 
consequence of vaccine hoarding carried out by a sma ll number of countries . We appreciate and 
welcome the presentation of the revised document by its sponsors working with 63 co -sponsors, 
which we believe reflects the needs and priorities identified by our governments with a view to 
ramping up the global ef fort to tackle COVID -19. The revised text is more specific and clearer in 
terms of its objectives, scope and duration  and includes a few aspects that were of concern to a 
certain number of countries . 
263.  We salute the good offices of the Chair of the Council to advance discussions on the text. It is 
clear that the revised text places the focus on prevention, treatment and containment of COVID -19. 
Since 20 October 2020, when India and South Africa presented the waiver proposal, the re was a 
long discussi on, followed by a series of questions and answers which, in fact, prevented us from 
making genuine progress on the proposal in a situation where every minute counts for us to save 
lives. In the last eight months, we have lost over 2 million people worldwid e and today we have 
crossed the 3 -million mark since the start of the pandemic. If we continue down this path, in a few 
months we will be mourning the loss of several millions more.  
264.  While we acknowledge that intellectual property is not the only obstacle to increased vaccine 
production, but it is the  most important one. We need to work on these intellectual property barriers 
so that we can increase production. Only then will we have the necessary number of vaccines 
available. The scientific evidence is une quivocal: the virus will continue to mutate, thus becoming 
increasingly dangerous and unpredictable  and prevent us from winning the fight . The goal of 
achieving 70% global immunity will only be possible if we can provide for equitable, timely and 
affordabl e access to vaccines and other medicines.  
265.  Bolivia has implemented the TRIPS flexibilities, which are designed to or should be to serve 
governments at times of extreme emergency such as this, an unprecedented situation in modern 
history. Yet, we are noting the huge deficiencies in the current system under the WTO. Public health  
is affected by the  pandemic, and we see that the mechanisms put in place at the WTO are not 
ineffective, but are accompanied by  genuine political disinterest .  
266.  In an interdependent world, only a collective, effective and timely response would allow us to 
halt this pandemic, a pandemic which is wreaking havoc at a social and economic level. We believe 
that t he current text submitted reflects the COVID -19 challenge s facing the international community, IP/C/M/100/Add.1  
 
- 44 - 
 
  the unprecedented and multifaceted aspects of the pandemic, which has altered life as we know it 
as well as trade, the economy and tourism and the huge gap between developed and developing 
countries. The challenge is t o be able to w ork together to develop generic versions of the vaccines 
so that they can reach all people and all nations of the world. We cannot continue to postpone and 
prolong the discussion. This is why we ask that consultations start in small meetings using all 
mechanisms available so that we can reach the General Council with a consensus text and that once 
and for all we can respond to the current concerns. We wish for constructive discussions and call for 
consensus before the Ministerial Conference in  November. Measures are needed urgently and 
without delay  because this is what humanity requires .  
267.  The waiver proposal before us today opens up the possibility for us to show the world 's citizens 
that we are capable of taking the measures necessary that wo uld enable equitable access to 
vaccines . We can show the usefulness and validity of multilateralism.  
13.14   European Union  
268.  The pandemic continues and so must our efforts to ensure equitable distribution of COVID -19 
vaccines. The immediate goal is to continue to ramp up production, to share vaccines wider and 
faster and to ensure equitable access to low - and middle -income coun tries. Equity does not only 
mean access but also access at affordable prices. We believe that this is a common goal for all of 
us. The European Union is doing its utmost to achieve this objective. With over 300 million doses 
exported, the EU continues to r emain the largest COVID -19 vaccine exporter in the world. The EU 
and its member  States  also remain the biggest donor to COVAX Facility, a global effort to distribute 
vaccines equitably, with EUR 2 .8 billion worth of funding. In addition, the EU has committ ed to 
donate 100 million doses of vaccines to those in need by the end of 2021.  
269.  Certain important advances in the effort to ramp up production have been made - in less than 
a year, the global production of COVID -19 vaccines has gone from 0 to 2 billion dos es produced by 
end of May 2021. It is estimated that more than ten billion doses of COVID -19 vaccines will be 
produced by the end of 2021. However, the urgency of the public health crisis requires not only the 
acceleration of the production of vaccines but  also of their global distribution.  We believe our 
discussion in the TRIPS  Council should concentrate on how the IP system can contribute towards 
increasing the manufacturing capacity and the equitable access to vaccines around the world. We 
are willing to  discuss any proposal that aims at effectively achieving those goals. And we have tabled 
a proposal going in that direction.  
270.  But before presenting our proposal let me start by thanking the proponents for their revised 
proposal which we have been considerin g carefully. We note that the proposal waives obligations of 
Members to implement or apply Sections 1, 4, 5 and 7 of Part II of the TRIPS Agreement with regard 
to a wide range of health products, technologies, devices, personal protective equipment and 
components for the prevention, treatment or containment of COVID -19. This means that all the 
relevant intellectual property rights (except for trademarks) that concern these products could be 
potentially waived as the result of this proposal with regard to a very broad range of products, 
technologies and components.  
271.  We also note that the provision on the duration of the waiver is proposed in a manner that 
does not indicate the date on which the waiver would be terminated. Following three years and 
subject to e xceptional circumstances ceasing to exist, the General Council would determine the date 
of termination of the waiver. This would indicate that the waiver could stay in force for an undefined 
period of time after the exceptional circumstances, which are pre sented as those justifying the 
waiver, cease to exist.  
272.  We would like to engage in a thorough discussion of this text to examine how the revised 
proposal addresses the identified bottlenecks for the production and distribution of COVID -19 
vaccines, includin g its expected impact on the transfer of COVID -19 vaccines technology.  Indeed, 
following the intense discussions in this Council as well in other fora and events organised by the 
Director -General of the WTO, it is our assessment that limited manufacturing capacity, access to 
raw materials and other inputs are the main bottlenecks as regards the production and distribution 
of COVID -19 vaccines. In addition, know -how is key due to the complexity of the production process 
of these vaccines.  IP/C/M/100/Add.1  
 
- 45 - 
 
  273.  In order to deal w ith these bottlenecks, the EU believes a multi -pronged approach is needed. 
This is why on 4 June the European Union submitted to the WTO General Council a Communication 
on "Urgent trade policy responses to the COVID -19 crisis ", document WT/GC/231, calling for a 
multilateral and comprehensive response by trade -related measures to the COVID -19 pandemic.  
The EU proposes that WTO Members agree as soon as possible on a global trade initiative for 
equitable access to COVID -19 vaccines and therapeutics encompassin g the following three 
components: first, trade facilitation and disciplines on export restrictions; second, concrete actions 
to expand production and ensure supply of vaccines at affordable prices to low and middle income 
countries during the pandemic and;  third, clarification and facilitation of TRIPS Agreement flexibilities 
relating to compulsory licences.  
274.  While the EU considers that the General Council should be the forum to address all three 
components in a comprehensive manner, the third component on i ntellectual property is in the remit 
of the Council for TRIPS. For this reason, on 4 June 2021 the EU also submitted a dedicated 
Communication on "Urgent trade policy responses to the COVID -19 crisis - intellectual property ", 
document IP/C/W/680, to the Co uncil for TRIPS.  With this proposal the EU would like to find a way 
forward in the discussion on the role of intellectual property in enhancing access to affordable 
COVID -19 vaccines and therapeutics and proceed with concrete short and medium term solution s to 
enhance universal access to COVID -19 vaccines and therapeutics at affordable prices.  
275.  The EU is ready to continue discussing the revised proposal on the waiver but is not convinced 
that the broad waiver proposed by a number of WTO Members is the right response to the pandemic. 
In addition to ensuring the uninterrupted flow of raw materials and inputs for the vaccine production, 
the key issue for increasing access to COVID -19 vaccines is to enhance the transfer of COVID -19 
vaccine technology. Contrary to  simple chemical medicines that are relatively easy to replicate, 
COVID -19 vaccines involve a complex biological process which requires the relevant know -how.  
276.  Voluntary licences are the most effective instrument to facilitate the sharing of know -how. 
Intellectual property framework provides a platform that incentivises collaboration and transfer of 
know -how. We agree that intellectual property rights should not stand in the way of deploying 
existing capacity or creating new capacity or of ensuring that acc ess to COVID -19 vaccines and 
therapeutics is equitable. The EU believes that it is possible to achieve this objective while at the 
same time maintaining the protection required for incentivising technology transfer and investment 
in innovation, so that we can fight against new strains of COVID -19 and any future diseases.   
277.  We would therefore want to include in this discussion a different and more targeted approach. 
We hope that we will be able to convince Members that our approach, including the key componen ts 
that will be addressed in the General Council, represents the best way to respond to the crisis in a 
short term in an effective and pragmatic manner.  
278.  The Doha Declaration on the TRIPS Agreement and Public Health affirms that the 
TRIPS  Agreement does not and should not prevent Members from taking measures to protect public 
health. It further affirms the flexibilities contained in the TRIPS Agreement, including specific 
flexibilities related to compulsory licences. The Doha Declaration states that each Member has the 
right to grant compulsory licences and the freedom to determine the grounds upon which such 
licences are granted. It also states that each Member has the right to determine what constitutes a 
national emergency or other circumstances of  extreme urgency which includes public health crises.  
279.  The discussions in the Council for TRIPS since the start of the COVID -19 pandemic have 
identified aspects related to the use of compulsory licensing that, in the view of a number of 
WTO Members, limit t he use of this tool. In order to address these aspects, provide more legal 
certainty and enhance the effectiveness of the system, the EU considers that all WTO Members 
should be ready to agree on the following: first, the pandemic is a circumstance of nati onal 
emergency and therefore the requirement to negotiate with the right holder may be waived; second,  
to support manufacturers ready to produce vaccines or therapeutics at affordable prices, especially 
for low - and middle -income countries, on the basis of  a compulsory licence, the remuneration for 
patent holders should reflect such affordable prices; and third,  the compulsory licence could cover 
any exports destined to countries that lack manufacturing capacity, including via the COVAX Facility.  
280.  Clarificat ions on these aspects would, in our view, provide the necessary legal certainty to 
Members that have the possibility of using the existing capacity or increasing its capacity to produce IP/C/M/100/Add.1  
 
- 46 - 
 
  COVID -19 vaccines and therapeutics. They would also promote production  and supply of those 
products to low- and medium -income  countries at affordable prices, including via the COVAX Facility. 
And this should be our priority right now.  
281.  The first element is to clarify that in a circumstance of a pandemic, governments can proce ed 
quickly and they do not have to engage in the negotiations with patent holders, which normally is 
the longest part of the procedure. Doubts were raised as to whether this 'fast-track' procedure can 
be used only in the case of compulsory licences for dom estic use or also with regard to the, crucial 
now, licences for exports. We want to make it absolutely clear that this possibility applies also to 
licences for exports.  
282.  The second element concerns remuneration for patent holders. This is a crucial element of a 
compulsory licence and we need to promote those manufacturers that are ready to produce at 
affordable prices for low- and medium -income  countries and to provide supplies to COVAX. This 
means different levels of discounted prices, for example  supplies at cost or at lower prices to low- 
and middle -income  countries. The clarification would provide legal certainty that in such cases 
manufacturers will be supported by governments setting the remuneration for patent holders 
reflecting these discounted prices , in order to ensure that the remuneration does not become a 
blocking factor in enhancing production.  
283.  The third element deals with an often -raised, procedural problem of country -to-country 
application of compulsory licence. We want to make sure that a will ing manufacturer can easily 
export to all eligible countries, including via COVAX, under a single simple procedure.  We are talking 
about a substantial reinforcement of the TRIPS  flexibilities and of the legal certainty required for 
their use. It is our obj ective to bring all sides of the discussion closer together on this approach and 
find solutions quickly while also fully engaging on other aspects of our comprehensive proposal which 
are key, in our view, to make a real difference on the ground. We invite all Members to consider our 
proposal and engage on this approach. We are of course open to discuss which other requirements 
concerning compulsory licensing can be clarified to facilitate the use of the system.  
284.  We are ready to immediately start a discussio n based on the proposal set out in our 
communication and intend to follow up with a more elaborated text. At the same time, as mentioned, 
the EU is ready to continue discussing the revised Waiver Proposal . We are ready to continue this 
discussion in the co urse of additional meetings of this Council that the Chair may decide to convene 
to advance the discussion.  
13.15   Venezuela, Bolivarian Republic of  
285.  We would like to thank you for your summary and for le ading the informal sessions. It is 
concerning that there is growing evidence that we are facing a two track pandemic, given that many 
countries still face an extremely dangerous situation, while some of those with the highest 
vaccination rates are starting  to discuss bringing an end to restrictions. For the latter, there could 
be a misperception that things are going well. However, nobody will be safe until we all are.  
286.  Access to vaccines and other inputs required to tackle the pandemic continues to be the m ain 
challenge that we must address. This is clearly demonstrated by the updated petition, which was 
submitted on 7 June, to the WTO and was signed by over 2.7 million people from around the world 
calling for universal access to affordable COVID -19 vaccines  guaranteed at a fair price . On 31 May, 
those of us who co -sponsor this proposal presented the revised decision text for the TRIPS waiver 
and the justifications of this text.  
287.  The revised decision text is clear that the focus is the prevention, treatment and containment 
of COVID -19. Based on that perspective, the revised text includes the health products and 
technolo gies required to tackle the pandemic. We are convinced that this text is a solid and 
appropriate basis for moving on to the text-based negotiations phase.  
288.  We are encouraged that delegations are participating and offering their points of view on the 
revised  decision text. In this connection, we call on the Chair to facilitate even deeper engagement 
in the text and accelerate the process by holding as many meetings as necessary in order to conclude 
the discussions and reach an agreement prior to the meeting o f the General Council in July. We are 
extremely concerned by the staggering global inequality. Each day that the WTO fails to reach an IP/C/M/100/Add.1  
 
- 47 - 
 
  agreement is another day that, together, we have failed to offer a solution so as to ensure fair, 
equitable global access  to vaccination and swiftly bring an end to the pandemic.  
13.16   Paraguay  
289.  My delegation would like to thank the proponents for the revised Waiver Proposal . We would 
also like to thank the European Union for the proposal made today. The COVID -19 health crisis is 
worsening and has widespread implications. Urgent solutions are therefore required, especially those 
aimed at increasing the production of vaccines, m edicines and treatments for COVID -19, and 
ensuring their equitable distribution.  
290.  Cooperation and solidarity are essential to tackle the pandemic. Members must urgently 
prioritize health over commercial interests. Equitable access to vaccines is an ethical  imperative to 
prevent the health crisis from becoming more protracted. For this reason, we encourage taking a 
comprehensive approach to this problem that is affecting us all, including by trying to ensure to 
prevent the spread of infections and mutations of the virus from countries without the necessary 
inoculants.  
291.  Paraguay has secured 8,279,800 doses of vaccines so far but has only received 484,400 doses ; 
less than 6 % of what we paid for after considerable efforts. Vaccine shortages on the market, export 
restrictions imposed by certain Members, vaccine hoarding and logistical problems in importing these 
products into our country have significantly delayed our immunizati on process. At the same time, 
we read in the news that vaccine tourism is booming and that in some countries unused vaccines 
are expiring, while there is an urgent need in other parts of the world, particularly in developing 
countries. We firmly believe th at there is a pressing need for reinforcement and innovation through 
alternatives that enable a rapid increase in the production of vaccines and their corresponding 
distribution and use as soon as possible, where other mechanisms prove to be insufficient.  
292.  We therefore recognize the proposed text as a call to continue broad discussions on the various 
positions and to seek convergences. It is true that waivers alone may not be enough to guarantee 
access to vaccines, but we have a shared responsibility to sea rch for responses that provide a 
solution in the short term, in order to avoid further human losses worldwide. We must ensure joint 
actions to find solutions by including all sectors, encouraging public -private partnerships, 
strengthening knowledge and tec hnology transfer, and increasing global vaccine production while 
accelerating global vaccine distribution.  
293.  In this regard, my delegation agrees in principle with the need to move forward in the 
text-based negotiations, calling for openness and willingness by all Members in considering measures 
that contribute to equitable access to vaccines. We believe that the revised draft text offers a way 
for the WTO to make a real contribution to the pandemic crisis, but we hope that additional 
immediate measures relat ed to the vaccine supply chain and their components will be implemented, 
and that trade facilitation measures for equitable distribution will be promoted.  
13.17   Maldives  
294.  To date, there have been more than 49 million confirmed cases of COVID -19 and over 1.2 
million deaths reported to WHO. This disease continues to prove to be life threatening and the world 
continues to face the cumulative and interconnected health, economic, social and human rights 
issues related to this pandemi c. A year into the pandemic, we are grateful to have vaccines that are 
being administered in some countries. However, there is increasing concern over equitable access 
to vaccine s. To meet the global vaccine shortage, it is vital to address the intellectua l property 
challenges. An exceptional waiver of certain provisions of the TRIPS Agreement will greatly help to 
ensure  equitable and timely access to affordable medical products including COVID -19 vaccines and 
medicines for all.  
295.  The Maldives , as a co -sponsor of the waiver proposal , welcome s the statement by the 
United  States to support the waiver and actively participate in the text-based negotiations. We are 
hopeful that all WTO Members will work together in global solidarity and agree on mov ing forward 
with text -based negotiations with the aim of  providing universal access to COVID -19 vaccines , 
treatments, testing and other products to control the pandemic and to reach Sustainable 
Development Goals.  IP/C/M/100/Add.1  
 
- 48 - 
 
  296.  In this regard, I would like to echo previ ous speakers in calling for accelerated efforts to 
achieve substantive progress through textual discussions and reaching a positive outcome with 
regard to the proposed waiver in the interest of time.  
13.18   Chinese Taipei  
297.  We thank India, South Africa and other proponents to submit the revised text for discussion. 
In principle, we agree on the waiver with respect to vaccines related intellectual property rights. 
With respect to other medical products, my capital is still ass essing the text. In any event, we 
welcome discussions on various implications arising from the proposal.  
13.19   Korea, Republic of  
298.  My delegation would like to extend its appreciation to the co -sponsors of the revised p roposal. 
I believe all Members recognize that the IP system is vital for the promotion of innovation and 
therefore should be adequately respected to that end. At the same time, it is my understanding that 
the co -sponsors made this proposal for the TRIPS wa iver as a measure aimed at helping respond 
effectively to the unprecedented global health crisis we are all facing. With this purpose of the 
proposal and the global need to deal with the current circumstances of extreme urgency in mind,  
Korea is ready to c onstructively engage with other Members in discussing the TRIPS waiver issues 
and will do its part to contribute to building consensus.  
299.  Please allow me to make one additional point. My delegation agrees with many other Members 
that along with the IP -related measures , a broadly based and holistic approach should be taken to 
deal with current health crisis, particularly in order to promptly ramp up the production of COVID -19 
vaccines and ensure their equitable distribution. In this vein, my delegation believes that the 
international efforts should be continued to facilitate supply chains for raw materials and ingredients 
related to essential health products, encourage coope ration among businesses for proper know -how 
transfer and licensing, strengthen the operation of COVAX, and further enhance the infrastructure 
of manufacturing and distribution of vaccines. I take note of  the E uropean Union 's communication 
recently circulat ed, which I found constructive. Korea will continue to do its part in addressing all 
the related issues at the WTO.  
13.20   Nepal  
300.  I would like to thank South Africa for introducing the revised version of the waiver proposal. 
My delegation wishes to associate with the statement to be delivered by Chad on behalf of the 
LDC Group . I wish to refer to Nepal 's statements delivered in various formal and informal meetings 
on this Waiver Proposal  since October  2020 and reiterate Nepal 's full support to this proposal. 
Starting text -based negotiations without any delay and concluding this matter at the earliest possible 
would be appreciated.  
13.21   Turkey  
301.  We would like to thank the co -sponsors of the document IP/C/W/669/Rev.1 which contains 
revised text of the proposal for a waiver from certain provisions of the TRIPS Agreement. This 
pandemic is the most serious global health crisis of our times. It has bee n also a powerful reminder 
of the necessity for a strong and responsive global trading system in our interdependent world. We 
all agree on the importance of ensuring timely, global and equitable access to affordable, safe and 
effective COVID -19 vaccines an d therapeutics.  
302.  For this objective, we need strong international solidarity that can help us for ramping up 
supply and equitable distribution of vaccines. It is quite clear that we encounter some trade -related 
challenges in this process. The WTO should pl ay its role in finding a creative and pragmatic solution 
to these challenges.  Turkey believes that we should act urgently.  By doing this, we can avoid further 
damage to human life and the global economy. In this regard, we are pleased to see that the Waive r 
Proposal  was revised recently. We are ready to engage in constructive discussions on this revised 
text. We hope that these efforts can move us closer to a possible landing zone in responding to this 
very serious challenge for human life.  IP/C/M/100/Add.1  
 
- 49 - 
 
  13.22   Canada  
303.  Canada is committed to a comprehensive, global response to COVID -19 that leverages the 
entire multilateral system in supporting the research, development, manufacture, and distribution 
of safe and effective COVID -19 vaccines and oth er medical products.  Canada is ready to discuss 
proposals on a TRIPS waiver, in particular for COVID -19 vaccines, and remains committed to finding 
solutions and reaching an agreement that accelerates global vaccine production and does not 
negatively affect  public health. Canada can support any consensus -based way ahead in this process, 
including text -based negotiations.  
304.  Canada will continue working closely with all WTO Members, including engaging on new 
proposals from any Member or group, in seeking a cons ensus -based outcome to address any IP 
challenges created by COVID -19. In this regard, Canada thanks waiver co -sponsors for the revised 
proposal in WTO document IP/C/W/669/Rev.1, as well as the E uropean Union's recent proposal on 
IP in document IP/C/W/680, and is prepared to engage on any proposals that will advance a 
consensus -based outcome towards addressing these challenges at the WTO.  
305.  More broadly, Canada continues to work closely with international partners as part of ongoing 
efforts towards ensuring th e timely and equitable distribution of vaccines and medical products 
around the world, including the Trade and Health Initiative, and support for the Director -General 's 
ongoing engagement with developers and manufacturers of COVID -19 vaccines and medical 
products. Canada 's focus is resolutely on the objective of getting more safe and effective COVID -19 
medical products, in particular COVID -19 vaccines, to more people.  
13.23   Chile  
306.  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 sp irit 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, inclu ding 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 Director -General 's process known as the "third way ". 
307.  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 therefo re 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 i nterpreted and implemented in a manner supportive 
of the rights of WTO Members to protect public health and, in particular, to promote access to 
medicines for all.  
308.  Therefore, and to reiterate the Joint Statement of the Asia -Pacific Economic Cooperation Tra de 
Ministers, we consider that we should, as a matter of urgency and without ruling out a prior i any 
possible solution, explore and discuss all necessary avenues for effectively improving the equitable 
production and distribution of COVID -19 vaccines world wide.  
309.  We thus thank the proponents for submitting the revised version of their proposal contained 
in document IP/C/W/669/Rev.1, which is under review in our capital. We hope that it has adequately 
addressed the concerns and questions raised on previous oc casions. We also thank the 
European  Union for the submission of document IP/C/W/680 and hope that in the future we shall 
have the opportunity for this document to be properly presented at this Council.  I would like to 
conclude by indicating that we must en sure 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.  IP/C/M/100/Add.1  
 
- 50 - 
 
  13.24   Singapore  
310.  Allow me to make three quick points. First, we would like to thank both the E uropean Union 
for tabling its communication to the TRIPS Council, as well as the proponents of the TRIPS Waiver 
Proposal  for the revised communication. We are studying b oth communications seriously and 
carefully and will participate actively in the negotiations.  
311.  Second, Singapore would like to reiterate that we are all committed to the same objective of 
equitable vaccine production and distribution. These positive develo pments underscore the 
importance of active engagement and dialogue that Members are having in the TRIPS Council. While 
divergences may still remain, Members have shown an effort to meet in the middle, and we should 
keep an open mind on how best to achieve our common objectives.  
312.  Third, we need to step up the pace of discussions in order to develop a concrete and 
constructive response to the pandemic before MC12. If we continue to be flexible and engage each 
other in good faith, I am hopeful that we will be able to achieve mutually agreeable outcomes in due 
course.  
13.25   Jordan  
313.  Chair, first we would like to thank you for your efforts in coordinating on this matter.  In terms 
of vaccine availability, it is clearly noticed that there is huge gap in access between the high -income 
countries and low -middle -income countries to not only the vaccine, but also to other medical 
products related to COVID -19. 
314.  While we are seeing the positive effects of the vaccine , as the cases in the vacc inated countries 
are down, and infection rates have decreased sharply, many low and middle income countries have 
far less access to vaccines. Sixty -three  Members  are co-sponsor ing the proposal, including Jordan, 
as the most recent. Jordan strongly supports  to have consensus on the proposal in Jul y, before 
MC12, as we believe it could be possible to reach an extraordinary success to end the pandemic, but 
only if all countries could get the vaccine to their people. And having the waiver would contribute to 
increasing the possibility of speeding up the production.  
315.  The COVID -19 pandemic is an unprecedented crisis and vaccinating most of population in 
some countries will not end the pandemic. The question is to Members: if we do not have a consensus 
on the waive r now, then when? Actually, we appreciate Members who have shown support to the 
proposal, I think it is a big millstone . We call on all countries to work with the co-sponsor s countries 
to get consensus before end of July. And as mentioned by South Africa, the co-sponsor s are flexible 
and ready to engage for further discussion on the waiver and also on the EU proposal to reach to 
balanced decision.  
13.26   New Zealand  
316.  New Zealand supports the waiver of IP protections on vaccines as an important part of our 
collective effort to address the human catastrophe of the pandemic.  As set out in the APEC Ministers 
Responsible for Trade Meeting Joint Stateme nt, New Zealand is ready to act proactively in support 
of text -based discussions.  
317.  We have listened and agree that the circumstances relating to COVID -19 vaccines are 
exceptional and justify a waiver of certain TRIPS  rules. In making that assessment we have  
considered all sides of this issue, including the purpose and value of TRIPS rules in incentivising 
innovation and providing certainty to parties throughout the supply chain for health products and 
technologies. However, we have also balanced those consid erations against the human catastrophe 
of the pandemic and the extraordinary circumstances relating to vaccines. They are the single most 
important tool we have to respond to the pandemic, we need vaccines available to everyone around 
the world as quickly as possible, and a vaccinated world is the best way to address the need for 
other COVID -19 treatments. Therefore, if intellectual property protections are preventing or slowing 
the manufacture and distribution of vaccines – we need to be able to waive thos e protections, at 
least until we have sufficient global manufacturing capacity to meet global demand.  IP/C/M/100/Add.1  
 
- 51 - 
 
  318.  However, it is also our strong view that addressing TRIPS  rules can only be a part of the WTO 's 
response to the pandemic. Equally, we must also address tr ade and other barriers that are limiting 
the free movement of vaccines as well as the raw materials and equipment needed for the 
manufacture of those vaccines. New Zealand supports the Ottawa Group trade and health initiative 
and the Director -General 's "third way " approach, both of which demonstrate how trade policy can 
help improve access – for example through trade facilitation measures, tariff liberalisation and 
disciplines on export restrictions. We must also continue to strongly support COVAX and other  
mechanisms supporting equitable global access.  
319.  There are clearly differing views on the effect of waiving IP rights, but we should all cease 
positioning and begin a text -based discussion to identify where consensus can be found. The WTO 
must do, and must be seen to do, all it can to respond to the pandemic. Focusing these discussions 
on vaccines provides a justifiable and meaningful path forward.  
13.27   Vanuatu  
320.  Vanuatu joins the co -sponsors in supporting a TRIPS waiver to enable the scaling up of 
COVID -19 vaccines. We associate ourselves with the statements by the proponents and co -sponsors 
and we also welcome the revised proposals that are now before us.  
321.  As the factsheets suggest there is continuing rise in infections and deaths  from COVID -19 as 
well as in new variants of the virus, as vaccines are not reaching Members quickly enough, especially 
to developing countries, LDCs and Small Island Developing States. Cognizant of this and the 
sensitiveness of critical timing and distrib ution, access to vaccines availability to developing countries 
is a reality and remains a concern.  
322.  We are concerned with the slow roll out of the vaccines adding stress to our public health 
systems which will continue and the ensuing the slow -down and stress on our economies is 
unfortunate. This is happening today, and it will continue to happen if we do not address this matter 
quickly. This is a situation that cannot and must not be ignored by WTO Members. We thank those 
WTO Members who have made statements on the proposal.  
323.  To advance this we ask you Chair to avail the resources and time to accelerate plans for 
periodic meetings through plenary and small group meetings and through the various configurations 
so that we can proceed to text -based negotiations to ensure that we  have a solution well before 
MC12 , and to focus on a timeline of July 2021.  
13.28   Ukraine  
324.  Ukraine thanks the co -sponsors for their efforts and the submission of t he revised draft 
decision text, presented in document IP/C/W/669/Rev.1, which is being analysed by the Ukrainian 
authorities, in consultations with relevant experts and interested stakeholders. Based on the 
preliminary feedback received, we would like to r eiterate the importance of all categories of 
intellectual property and underscore the necessity of dissemination of technology and know -how to 
ensure rapid response to the COVID -19 pandemic.  
325.  Ukraine strongly believes that intellectual property rights play a key role in the promotion of 
research and innovation. The protection and enforcement of intellectual property rights should 
contribute to the transfer and dissemination of new technology, to the mutual advantage of 
developers and manufactures, as set out  in the TRIPS Agreement. We also agree that extraordinary 
circumstances, caused by the COVID -19 pandemic, require extraordinary measures to scale up 
vaccine manufacturing and distribution globally for achieving objective of social and economic 
welfare.  
326.  Ensuring the availability and greater access to affordable vaccines and other health products 
is a matter of top priority for Ukraine. In this regard, we would like to indicate that Ukraine has 
manufacturing capacity in the pharmaceutical sector, which can  be used for expanding COVID -19 
production capacity. Even more, our pharmaceutical manufactures have referred to COVID -19 
vaccine developers with the proposals on technology transfer on the terms of manufacturing 
agreements, but, according to the informati on at our disposal, no progress has been achieved so 
far. IP/C/M/100/Add.1  
 
- 52 - 
 
  327.  In this light, Ukraine would welcome further steps that would facilitate the international 
transfer and dissemination of technology, allow for the establishment of the collaboration and 
achieving ag reements with developers so as to r amp up manufacturing and supply of needed health 
products to end the COVID -19 crisis.  
328.  Ukraine has been following the extensive discussions on the Proposal and would like to confirm 
its readiness to constructively engage o n the text -based negotiations in order to achieve the common 
goal of ensuring timely and universal access to vaccines and other health products needed to fight 
the COVID -19 pandemic. We are interested in participating in further discussions in various form ats 
as suggested. In this regard, would rely on your guidance and suggestions by the co -sponsors with 
regard to the timing and format of such meetings.  
13.29   Norway  
329.  We thank the proponents for their revised proposal, and for thei r joint statement. Quite a few 
questions have been asked about the original proposal, and answered by the proponents. The 
discussions during the last week showed that some Members still have reservations about certain 
aspects of the proposal. I like to und erline that Norway will not object to starting text-based 
negotiations on this proposal, as well as other proposals that have been submitted or may be 
submitted in the future. The recent communication from the E uropean Union is one such example. 
However, the Chair would have the best possible basis for such negotiations if those delegations 
that would like to propose changes to the different proposals do so in writing. That would allow the 
Chair to start developing a text on this proposal and texts on other proposals where questions to be 
resolved are put in square brackets.  
330.  We would like to  urge any delegation that has reservations about document 
IP/C/W/ 669/Rev.1 , or would propose alternative provisions , to present their prop osals in writing as 
soon as possible. This will assist our work in finding solutions that will assist us in our efforts to 
reach consensus. Commenting on document IP/C/W/ 669/Rev.1, although we do recognize that the 
proponents have made efforts to narrow an d clarify the scope of the proposal, Norway remains 
concerned about its broad coverage. We also question the duration of the proposal, and would 
suggest that its duration should be limited to a specific time period - to be negotiated - unless 
explicitly ex tended by the General Council. That is the common practice for waivers or other 
decisions that are not permanent. We feel certain that the membership would extend any such 
waiver for as long as necessary to fight this pandemic.  
13.30   China  
331.  China appreciates co -sponsors ' efforts in revising the proposal and thanks South Africa , and 
other proponents , for its presentation. As several Members  stated before me, with the continuous 
mutations and emergence of new variants, it is more urge nt for us to accelerate our work with a 
view to reaching balanced and effective solution in this Council. WTO is well equipped to provide 
comprehensive solutions to tackle the pandemic, and IP is one of the important aspects. The revised 
proposal has furth er clarified the duration and scope of the waiver, which marks an important step 
to the text -based negotiations. We also notice that the proposal submitted by the E uropean Union 
to the General Council  and this Council. Different approaches but the same goal, all the Members  
believe that the WTO should play a central part in the response to pandemic. China will conduct 
in-depth analysis on the two proposals and is committed to actively engaging in the f urther 
consultation convened by the Chair.   
332.  China attaches great importance to promotion of the availability and affordability of vaccines 
for developing Members and the LDCs. Notwithstanding the limited production capacity and 
enormous demand at home, Chi na has provided free vaccines to more than 80 developing countries 
in urgent need and has export ed vaccines to 43 countries. Meanwhile, Chinese vaccine companies 
have already cooperated with companies in Brazil, Turkey, Indonesia, Malaysia, and the United Arab 
Emirates in local production of vaccines. Recently, Sinopharm 's and Sinovac 's vaccine s have been 
approved to be included in the WHO Emergency Use Listing, paving the way for making our further 
contribution to the global response to the pandemic, inclu ding donation to the COVAX. Hopefully 
with the coordinated efforts by all stakeholders, we could bring our life back to normal soon.  IP/C/M/100/Add.1  
 
- 53 - 
 
  13.31   Hong Kong, China  
333.  Hong Kong, China would like to thank the proponents for submitt ing the revised proposal, and 
the European Union for the communication IP/C/W/680.  We are still analysing both documents and 
would carefully consider all suggestions in the documents taking into account the deliberations at 
this meeting. Regarding the revised proposal on TRIPS  waiver, we would like to share our initial 
observations as fo llows. In view of the scale of the pandemic and the severe health crisis, 
Hong Kong,  China stands ready to engage with Members on further discussing the revised proposal, 
including the scope and duration of the waiver. We consider that the scope "health pr oducts and 
technologies " in the revised proposal remains broad and uncertain.  The actual scope of the proposed 
waiver should be clearly defined, targeted and be proportional to the problem.   
334.  Regarding the duration, we are concerned that the proponents sugg est mandating the waiver 
to be in force for at least three  years and only thereafter the General Council shall review the 
existence of the exceptional circumstances justifying the waiver.  We consider that the waiver, if 
granted, should have a definite dura tion. Hong Kong, China will continue to constructively engage 
with other Members in this Council and other fora of the WTO to find solutions that would provide 
prompt and comprehensive responses to the COVID -19 pandemic.  
13.32   Brazil  
335.  Brazil is deeply committed to providing solutions within the WTO framework for supporting 
global efforts to end the pandemic. There is no simple formula for tackling the wide array of 
challenges involved in developing, manufacturing and distributing v accines and therapeutics around 
the globe. As we have repeatedly stated, a holistic solution is required.  That it is why we have been 
working on different fronts to build a robust trade and health framework for the WTO, one that deals 
with the diverse chal lenges in a comprehensive way. And we remain open to other proposals that 
may contribute to further improve the tools available within the WTO to respond to health crises. 
We are also looking into the future. We want to leave this pandemic better prepared for the next 
ones.  
336.  It is clear that the world is not equally equipped to fight such a pandemic, and this imbalance 
is something we should urgently address. Production of life -saving drugs and vaccines is too 
concentrated in certain parts of the world. This  pandemic has proven that this has to change.  In the 
past year, we have also seen emerge technologies that might increase the speed of our response to 
future pathogens and other variants of COVID -19. These technologies might also be an important 
tool to fi ght local epidemics everywhere, including in the developing world. Disseminating this crucial 
knowledge would certainly enhance the world 's level of preparedness for future threats.  
337.  Discussions on this Council have eminently focused on IP protection, but o nly marginally 
touched upon the transmission of technology and know -how, which might not automatically flow to 
potential manufacturers of vaccines and therapeutics once IP rights are licensed or waived. We would 
like to see more in -depth discussions on the  operationalization of this important practical aspect that 
is fundamental to the success of an IP waiving strategy.  We are also interested in solutions that 
preserve transparency and a sufficient level of legal certainty for stakeholders, so that we do no t 
unreasonably disrupt collaboration efforts. Brazil will support any solution that will contribute to 
building a more equitable and efficient worldwide response for this pandemic and future ones. Brazil 
is ready to start text -based negotiations regarding a waiver for TRIPS provisions during the 
pandemic. We will engage openly and constructively in such discussions aiming at tangible results 
in the shortest timeframe possible.  
13.33   United Kingdom  
338.  First of all, I  would like to thank the proponents for submitting their revised proposal to this 
Council. We recogni ze the passion and the interest around these issues and we note the changes 
made and have considered whether these changes address the concerns raised by the UK a nd other  
Members  in previous TRIPS Council sessions  on this subject . I would like to underline that we  will 
continue to engage constructively on this issue. We do  not think, however, that the amended 
proposal does really address the questions that we have posed  and indeed in some respects it raises 
additional concerns on how a waiver as envisaged in the proposal would actually genuinely help us IP/C/M/100/Add.1  
 
- 54 - 
 
  scale up and speed up the production and distribution of COVID -19 supplies for the prevention, 
treatment, and cont ainment of COVID -19. 
339.  Overall, we fear that the revised text does  not bring our positions closer together. In particular, 
the text continues to suggest that the international IP system is a barrier when we still do not think 
that we have seen evidence of that being the case. We all recogni ze the rapid action that is required 
by all of us, both governments, industry and international organizations,  to accomplish our shared 
aim of tackling COVID -19; therefore, we consider it important to concentrate those efforts on 
pragmatic solutions and steps that we collectively believe  will resolve these issues surrounding 
vaccine equity  in a rapid and effective  manner . 
340.  Fundamentally, we remain to be convinced how an IP waiver, if agreed, would actually increase 
the supply of COVID -19 goods. To date, we have still not seen evidence demonstrating intellectual 
property as a limiting factor in either the production or the supply of COVID -19 goods. We note, f or 
example, some WTO Members already have the policy flexibility to operate without being subject to 
the obligations under the provisions of the TRIPS Agreement. At the same time, some of these 
Members  have report ed having manufacturing capacity. We are at a loss  to understand why that 
immediate production has not happened in these countries on that basis.  
341.  Voluntary licensing and technology transfer partnerships are making real, positive real-world 
impact on vaccin e delivery, as exemplified by the Oxford AstraZeneca vaccine with its numerous 
partnerships around the world. These partnerships have enabled the delivery of more than half a 
billion doses to 168 countries around the world, and they account for  around  96% of total COVAX 
supply. We know that we need to do more.  We continue to encourage and work to facilitate more 
partnerships like the Oxford AstraZeneca  one and once again call on Members  who do have the right 
manufacturing capacity and experience to come for ward to work with the pharmaceutical sector to 
scale up supply. Whilst we cannot overstate the role industry has played, we recognize further work 
is required. British Ministers are continuing to engage with the pharma sector and are pushing them 
to deliver concrete proposals to further scale up supply of COVID -19 goods.  
342.  This pandemic is not over and nor is it sadly likely to be  the last one, so we do have to  consider 
the long -term consequences of potential short -term action on intellectual property . A key priority 
for the UK is ensuring the multilateral IP system remains fit -for-purpose to respond both to the 
current crisis and future crises by continuing to encourage innovation that is at the heart of our 
response to this pandemic . Without that, new vaccines for new pandemics will simply not be 
developed. That is the challenge. The UK believes TRIPS flexibilities are legitimate tools to access 
COVID -19 goods and should be used already where needed. We welcome news of Members  who 
have begun exploring t his avenue , including in yesterday's debate . I would like to thank the 
European Union for its communication. We welcome the introduction of additional proposals for 
consideration by this Council  and we  had welcomed  the opportunity to come back for a fuller 
consideration of the EU proposal, and indeed others  that may be brought to the table  of this Council,  
in due course.  
343.  The recent communiques from the G20 and G7 affirm the shared global commitment to finding 
effective solutions within the multilateral rules -based system. Ensuring targeted and sensible 
principles focused on addressing trade and health concerns has been a key priority for us as Chair 
of the G7 this year . The G7 trade minist ers in their communique of 28 May  underlined their 
commitment to continue to support work here at the WTO in identifying solutions to expand global 
vaccine production and distribution. They want to work  with industry, the COVAX Manufacturing 
Taskforce and the ACT -A Manufacturing Working Group  to scale up capacity and engage on forward 
supply planning. In addition , we will support open, diversified, secure, and resilient supply chains in 
the manufacture of COVI D-19 critical goods, vaccines and their componen ts, and we welcome  the 
termination of many trade restrictive measures. Looking towards the future, we will be working in 
partnership with our G7 members to formulate pragmatic, effective, and holistic solutions to support 
trade in health ahead of and at MC 12. We believe these actions can best guide measures to increase 
the production, supply and access to COVID -19 technologies. We look forward to reporting back to 
Members  on the conclusions of this weekend 's G7 Summit in Cornwall  where these issues will be 
foremost in leaders' minds . We are g lad to say that the Director s-General of the WTO and also the  
WHO will be participating in these discussions.  
344.  The UK has been working with the WHO on developing C -TAP, including with other  key partners 
such as the United Nations Development Programme, the Medicines Patent Pool and Cambridge IP/C/M/100/Add.1  
 
- 55 - 
 
  Enterprise, to share our approach to medical licenses for sharing of IP. A useful next step for C -TAP 
would be the WHO to work even more closely with governments to demonstrate how to incentivise 
industry players to participate in the scheme. We encourage further engagement by Members  in the 
C-TAP space, as well as drawing on expertise from WIPO and W HO via the trilateral cooperation 
framework  with the WTO . 
345.  We need to focus on pragmatic practical solutions that will actively address the blockers to 
vaccine equity – solutions that will speed up the elimination of tariffs on ingredients and production 
tools, production bottlenecks and supply chain issues such as specialised raw material shortages  - 
solutions that ensure that available doses are effectively distributed and administered, whilst 
continuing to scale up existing and new vaccine production  - solutions which deliver real world 
change, quickly, effectively, equitably.  
13.34   Switzerland  
Introduction  
346.  At this stage of the COVID -19 pandemic, the most urgent challenge remains to ensure a rapid 
and equitable roll out of vaccines globally, as this is the only way to control the virus effectively. The 
WTO has an important role to play in achieving this objec tive. Switzerland is convinced that a holistic 
approach is needed, facilitating trade and reducing barriers to trade, enhancing collaboration in order 
to scale -up production, and making sure that the tools provided for under the multilateral 
framework, inc luding the TRIPS Agreement and its flexibilities, can effectively be used. In this 
regard, we thank the E uropean Union for introducing its new submission in WT/GC/231, on urgent 
trade policy responses to the COVID -19 crisis, which outlines such a broader a pproach.  
On revised TRIPS Waiver Proposal  
347.  We thank the proponents for introducing their revised proposal IP/C/W/669Rev.1 for a TRIPS 
waiver request. In relation to "scope ", we note the revised proposal is indeed more specific, while 
its breadth remains un changed. On "duration ", we note that next to the newly proposed minimum 
duration of three  years, the termination of the waiver is made dependent on a decision of the 
General  Council , implying that the waiver could remain in force indefinitely. There is con sensus 
among health scientists that the new Coronavirus will stay with us for decades to come, comparable 
to the influenza virus. Permanent innovation in R&D of vaccines will be necessary to contain the 
novel Coronavirus and its future variants. Thus, a co nsensus in the General Council  over whether 
the virus will at some point be successfully defeated might be elusive for many, many years.  
348.  Also in relation to the proposed duration of the requested waiver: in our view, a consequence 
of the waiver would be th at innovative COVID -19 related health products and technologies developed 
during the waiver period would not be eligible for patent protection even after its termination. This, 
because they would no longer fulfil the patentability requirement of novelty. A ccordingly, such 
innovation would, in fact, lose the full term of 20 years of patent protection. This could have a 
dramatic impact on investment into R&D on vaccines and therapeutics, and thus on the international 
community 's pandemic preparedness. We note  that the revised version contains language in its 
preambular paragraphs that recognizes the need to maintain innovation incentives for this purpose. 
However, we fail to understand and think the revised proposal  stands in contradiction to the 
underlying concept of the waiver  in that respect . It remains unclear to my delegation how proponents 
imagine this goal could be achieved under their proposal .  
Why the waiver is not an effective means to achieve the goal of global and equitable access to 
COVID -19 vaccines and therapeutics and why TRIPS and IP are enablers to achieve this goal  
349.  As already expressed in our previous statements, in Switzerland 's view,  the suspension of 
intellectual property rights is not an effect ive means to achieve quick scaling up of global production 
and distribution of vaccines and treatments against COVID -19. To the contrary: The innovation 
pipeline that TRIPS and IPRs underpin has so far produced more than a dozen effective vaccines 
since th e outbreak of the pandemic 18 months ago, giving us the tools to combat the pandemic 
effectively. IP and TRIPS play a key role , also now  at the stage of scaling up production further.  
350.  Suspending the TRIPS Agreement would throw existing partnerships between  vaccines 
developers and manufacturers – into a legal void. – According to data from Airfinity, this would 
concern up to 300 international manufacturing partnerships that have been established IP/C/M/100/Add.1  
 
- 56 - 
 
  internationally since the development of the new COVID -19 vaccin es. A TRIPS waiver also risks 
hampering the establishment of new manufacturing partnerships and could thus block quick progress 
in scaling up manufacturing, since only in such partnerships is know -how and technology transfer 
happening promptly. Under a wai ver, new manufacturers would have to do it on their own, the 
development, set up the production process, the safety and efficacy testing and obtain market 
approvals. This will be time consuming , but time is of essence  – another point Members agree on  - 
which is why a waiver in our v iew will not quickly or efficiently help us achieve our shared goal.  
Alternative measures more effective than a waiver  
351.  What then can be an effective contribution of WTO to help us reach the said goal? In our view, 
a holistic approach needed :  
a. One, s upporting and facilitating partnerships between COVID -19 vaccine developers  and 
qualified manufacturers with adequate production capacity. This implies among others that 
more and well documented information is made available concern ing existing and 
non-utilized production capacities they dispose of .  
b. Two, e nsuring the smooth functioning and resilience of the supply chains, minimizing 
barriers to trade. Over the last few months, we have seen serious and artificially created 
bottleneck s that have slowed down or literally stopped manufacturing process of vaccines 
of some producers. All the capacity of the world is useless if timely delivery of raw 
materials and components along the supply chains breaks down.  
c. Such e xport restrictions have also worked to the serious detriment of WHO 's COVAX 
mechanism, through which the international community wants to ensure equitable access 
to COVID -19 vaccines, in particular for poorer countries.  
d. Three, dose -sharing as provided in the co ntext of the COVAX Facility, will also be essential 
to achieve equitable access.  
e. Four, facilitating the use of the TRIPS flexibilities on compulsory licen ces if Members 
encounter problems in practice when applying them.  
On EU Proposals  
352.  Finally, as mention ed in the beginning of our statement, we thank the EU for introducing its 
new submission on Urgent Trade Policy Responses to the COVID -19 Crisis . This communication 
highlights measures the WTO should take in the field of trade and health, some of which I a lso 
referred to in our statement  today , and that Switzerland supports in its own right, but also as a 
Member of the Ottawa Group 's initiative on Trade & Health. We thus welcome the contribution of 
the EU and look forward to discussing it, including the additional submission to the TRIPS Council 
the EU announced and submitted yesterday and that we will have to examine further.  
Conclusion/On the way forward/In reaction to Chair 's request  
353.  Switzerland is ready to discuss all the proposals put forward by Members to identify what the 
most effective contribution can be for the WTO to help us achieve our shared goal of making global 
and equitable access a reality  as far as possible. We request t he Chair to continue facilitating the 
Council's discussion under this agenda item through your consultations in the formats as you see 
fit, and to treat all the proposals Members submit on an equal footing.  
13.35   Japan  
354.  Japan will constructively discuss various issues and measures with Members and will 
participate in any form of discussions thereon, including a text -based negotiation, in order to 
increase vaccine supply and ensure globally fair and equitable distribution toward the early 
convergence of the COVID -19. From this perspective, the delegation of Japan notes with high level 
of interest in the revised TRIPS Waiver Proposal  by India and South Africa, as well as the European 
Union's  proposal. Japan will continue to consider wi th WTO Members what measures will contribute 
to expanding the production of safe vaccines and ensuring fair and equitable access.  IP/C/M/100/Add.1  
 
- 57 - 
 
  355.  In addition, it is essential to encourage technology transfer in cooperation with pharmaceutical 
companies in order to scale u p the production capacity of safe vaccines promptly. In this context, 
Japan supports the initiatives by WTO Director -General to find a "third way " through dialogues with 
pharmaceutical industries.  
356.  Japan has put emphasis on Universal Health Coverage. There are various challenges toward 
the end of the COVID -19, and one of the major challenges is ensuring fair access to vaccines all over 
the world, including developing countries. In this regard, Japan attaches great importance to the 
role of the COVAX Facility and Japan co -sponsored the "COVAX Vaccine Summit " with Gavi on 2 June. 
During the Summit, Japan announced an additional contribution of USD 800 million, which brings 
the total contribution of USD 1 billion to the COVAX Facility. In addition, Japan also published that 
Japan intends to provide around 30 million doses of vaccines manufactured in Japan, including 
through the COVAX Facility, to other countries and regions, when circumstances allow, and at an 
appropriate time. Furthermore, Japan has been extending the programme named "Last One Mile 
Support " to ensure equitable access to vaccines for all people in need across a country by supporting 
a cold chain system including medical equipment such as c old-storage facilities and transportation.  
357.  Japan will continue to exchange views on the TRIPS Waiver Proposal  closely with WTO 
Members, and at the same time, Japan remains committed to tackling various problems caused by 
COVID -19, together with the interna tional community.  
13.36   Russian Federation  
358.  Russian Federation thanks India and South Africa and all co -sponsors of the document 
IP/C/W/669/R ev.1 for presenting to the Council the revised version of the initiative. We are 
convinced that new clarity will help to move the dialog ue in the TRIPS Council forward. We agree 
that the supply and availability of vaccines for combating COVID -19 are the most important issue s 
right now.  Russian Federation supports all negotiations and activities which will  lead to a consensus 
decision on this issue  and multilateral initiative s which will help  Members respond effectively to the 
pandemic . 
359.  The Russian government is still analysing  the revised version of the waiver and the new 
proposal from the European Union in document IP/C/W/680 . For our part, we are trying to support 
Russian scientific institutions and companies that were pioneers in the country in the development 
of a vaccine against coronavirus, and at the same time, p rovide assistance to countries in need.  
360.   This assistance takes place in diverse forms. It can be direct deliveries of the vaccine , transfer 
of technology, supporting production in these countries . For example,  Sputnik V is approved for use 
in 67 countries, and arrangements for production have been concluded with 11 countries . We are 
ready to engage in dialogue in the TRIPS Council.  
13.37   El Salvador  
361.  My delegation would like to thank you for your consultations and for facilitating these important 
discussions. We also wish to thank the proponents for the revised proposal, which is being examined 
in detail by my authorities. As we have stated on previous occasions, El Salvador attaches the utmost 
importance to pre serving human life and ensuring the equitable and universal distribution of 
vaccines. In this connection, we are open to continuing the discussions on the TRIPS Waiver Proposal  
with the proponents and other interested Members in order to find a targeted an d balanced solution 
that takes into account Members ' various points of view, including the comments and considerations 
put forward by my delegation, which still stand.  
362.  As we have previously stated, promoting and incentivizing intellectual property and innovation 
as a tool for boosting and accelerating our country 's development is a top national priority. 
El Salvador 's scientific and technological progress and modernization are becoming increasingly 
important in these times of crisis and for economic recover y. Furthermore, we would like to thank 
the European Union for its proposal, which is being examined by our authorities. You may count on 
our delegation to continue working constructively on this matter.  IP/C/M/100/Add.1  
 
- 58 - 
 
  13.38   Mozambique  
363.  We th ank the Chair and the WTO Secretariat for organizing this meeting and for having 
included this agenda item. This statement is aligned with the one delivered by Tanzania on behalf 
of the Africa Group  yesterday . We thank for the presentations made by the representatives of 
South  Africa on behalf of proponents and co -sponsors and support all statements presented in favour 
of this need to advance on the basis of this revised submission. As one of the co -sponsors o f the 
TRIPS Waiver from Certain Provisions of the TRIPS Agreement for the Prevention, Containment and 
Treatment of COVID -19 for a limited time , we also would like to express gratitude to all Members 
who have expressed their support as well as those who hav e been devoting efforts  towards 
advancement of this issue  and appreciate the willingness to engage . 
364.  As the world continues to be hit by COVID -19 and its dramatic effects, and as daily top news 
continue to show that huge limitations on quantity of vaccines,  and other needed goods in order to 
ensure the containment, prevention and elimination of COVID -19, continue to face the globe, more 
than ever  it is time for  the WTO Members to advance the debate and as urgent as possible, get into 
the positive closing of this matter so that production can be fostered in view to upgrade the current 
levels that desperately do not respond to the urgent demand, and  all the needs to save people 's 
lives. 
365.  The burdensome effects of COVID -19 do not only challenge human lives, they are also 
continuing to reverse social and economic achievements that had already been attained, thus 
worsening the already uncertain perspectives as to if it will be possible to advance and achieve the 
sustainable development goals, as foreseen in 2015.  
366.  Engagement of more countries in the production of vaccines and others is surely the most 
adequate way to go so that production can be improved in a redoubled effort  involving new 
producers , and which will join efforts with those producers that have assured t he vaccines that were 
made available up till now. For our delegation, this  shows the need and the relevance of collaborative 
effort, as well as of cooperation and solidarity in a clear exercise to collectively find solution s for a 
common problem facing the globe. The elimination of COVID -19 can only be possible if collectively 
dealt with.  
367.  We would like to reiterate our previous interventions and  call upon the WTO Members to 
consider, with no delay, advancing to text-based discussions and convergence. In view to facilitate 
discussions, line by line -based  debates are the most direct and practical way to expedite the work, 
so that progress can be achieved in view to added engagement  in production process. This is t he 
only way to increase prod uction , as well as availably  of needed goods, thus enable  us to save millions 
of lives and ensure preparedness for any eventual future pandemic. To conclude, we thank the 
European Union for their presentation and explanation yesterday, and would like to reiterate  our 
view of positive engagement to continue these discussions.  
13.39   Philippines  
368.  The Philippines thanks India, South Africa and co -sponsors for the revised proposal, document 
IP/C/W/669/Rev.1  of 25 May, which with other elements provides for a limited  three -year waiver  
period. The Philippines remains open and encourages Members to undertake text-based discussions 
towards reaching a consensus at th e soonest possible time . We also take note of the 
European  Union's new proposal and we look forward to engaging on this matter within the 
TRIPS Council and other fora in order to address this very important issue of the WTO 's response to 
the pandemic with the ultimate aim of the safeguarding the health of our citizens . 
13.40   Angola  
369.  The Angolan delegation is in line with the revised document presented by South Africa and the 
statement made by Tanzani a on behalf of the African Group.  We reaffirm our statement made at the 
last TRIPS Council meeting held, where we request ed the Members  of this Council to consider the 
proposal.  Now with the revised text, we are in the condition to move to another phase.  IP/C/M/100/Add.1  
 
- 59 - 
 
  13.41   Jamaica  
370.  Jamaica thanks the proponents of the waiver for their efforts in constructively engaging 
Members  on this matter. We note that their constructive spirit has resulted in their revision of the 
proposal. We welcome this gesture and are of the view that it will serve to encourage further dialogue 
and to make progress towards finding an amicable solution on t he matter.  
371.  Jamaica is not a co -sponsor but continues to support the underlying principles in the proposal 
which seek s to ensure equitable access on a non -discriminatory basis to medicines  and vaccines. 
We have taken note of the revision, which is under con sideration in capital.  
372.  Our preliminary assessment of the revised proposal shows that it has taken on board many of 
the comments or concerns raised by Members  in the discussions. We commend the co -sponsors for 
their willingness to listen to others and their  hard work in seeking to incorporate the views of 
non-proponents.  
373.  It is without a doubt that all countries have been significantly impacted by the pandemic, as 
such, there must be a global, coordinated response. It is only through such coordinated efforts  that 
we will be able to prevent, treat and contain the virus and jump start economic recovery efforts.  
374.  The WTO, as the multilateral institution responsible for global trade , has a critical role to play 
in the international community 's efforts to preserve the health and save the lives of millions of people 
across the globe. We have a duty to strike an appropriate balance between the objectives of 
incentivizing innovation, on t he one hand, and on the other hand, safeguarding health and saving 
lives. We can see where the revised proposal is seeking to strike that balance. We are, therefore, in 
solidarity with the sentiments of proponents.  
375.  Having exhausted the question and answer process, we support a move to text-based 
negotiations on the document, which we believe would give other Members  an opportunity to 
propose amendments and, where possible, pursue a merger of the various submissions on this very 
pressing issue. Our collectiv e objective should be to arrive at a final version that all WTO Members 
can live with.  
376.  Jamaica remains encouraged by the robust discussions and exchanges on the proposal which 
have ensued over the past months and is confident that WTO Members are capable of arriving at a 
consensus to ensure that the Organization plays an effective role in the response to this pandemic.  
13.42   United States of America  
377.  We wish to thank South Africa, India, and the other proponents of revised document 
IP/C/W/669.Rev .1 for their presentation and for their remarks. As we have indicated consistently, 
including at the informal meeting on 28 May, our top priority is saving liv es and ending the pandemic 
around the world and in the United  States.   
378.  It is our aim is to get as many safe and effective vaccines to as many people as fast as possible.  
The United States is continuing to ramp up its efforts - working with the private sect or and all 
possible partners - to expand vaccine manufacturing and distribution.  Just last week, President Biden 
announced a US commitment to share a total of 80 million doses by the end of June.   
379.  This is a global health crisis, and the extraordinary circu mstances of the COVID -19 pandemic 
call for extraordinary measures. The United States believes strongly in intellectual property 
protections. But we must do what is necessary to accelerate manufacturing and equitable distribution 
of vaccines.   
380.  In the view o f the United States, the WTO must show that it can step up in a global crisis and 
act efficiently to improve the lives of ordinary people.  We must all come together to find a solution 
expeditiously, especially as the pandemic continues to spread with new v ariants. As noted in our 
5 May announcement, the United States has endorsed initiating a process at the WTO.  We have not 
prejudged an outcome.  IP/C/M/100/Add.1  
 
- 60 - 
 
  381.  While we are still reviewing the revised proposal, our initial reaction is that it is a relatively 
modest change.  While we recognize it is not for the proponents to negotiate with themselves, it is a 
shared responsibility to find common ground and to respond to the issues raised by other Members, 
and time is of the essence.  
382.  In our view, the most expeditious pathway t oward consensus would be to focus our efforts on 
what actions might be needed to address the supply and distribution of vaccines specifically.  For our 
efforts to have an immediate effect, a revised scope for discussion seems the most promising next 
step.  
383.  We recognize that the consensus -based nature of the WTO and the complexity of the issues 
involved mean that this will be a time -consuming process.  Therefore, it is imperative that we focus 
our efforts in the areas that are most likely to lead to acceptance  by others as quickly as possible. 
We continue to hope our support for engaging in a text -based discussion will spur additional 
proposals or ideas to be put on the table.   
384.  We are glad to see we are making progress toward a process at the WTO on these issue s and 
thank the E uropean Union for its recent submission. We would welcome hearing whether there is 
consensus to have open and honest conversations about what can be done in this space. We continue 
to encourage others to step forward with something to which they can say yes.  
13.43   Peru  
385.  We would first like to thank India, South Africa and all the co -sponsors for the revised draft, 
in addition to thanking the Chair.  As a result of the COVID -19 health emergency, the Peruvian 
Government adopted a series of measures to contain and prevent the spread of the virus. While 
these measures were necessary to safeguard the population 's health, they led to significant 
economic losses and an increase in unemployment and poverty in Peru, exposing economic and 
social inequalities . We know that this situation is echoed in many Members of the WTO. 
386.  Peru has been one of the Members to impose strict health measures aimed at containing the 
virus. Despite this, the mortality rate in our country has been high, for which reason the vaccina tion 
of our population is a priority in order to prevent the number of infections and deaths from continuing 
to rise. We are members of the COVAX Facility and we have every confidence  in that multilateral 
organization . We recognize  that we will not be able to overcome the pandemic until our population 
and the entire global population are properly immunized.  
387.  In the light of the foregoing, Peru supports the launch of the text-based negotiations in the 
WTO for a temporary waiver of vaccine related intellec tual property rights for the containment of 
COVID -19. The Peruvian authorities are in the process of assessing the proposal following the 
presentation delivered at the meeting of 31 May.  
13.44   Argentina  
388.  We thank the proponents  for the revised document and for the efforts they have made to 
narrow the gaps between positions. Argentina reiterates its support for the proposal and reaffirms 
its belief that COVID -19 vaccines should be global public goods to which all persons have equ itable 
access.  
389.  This pandemic has lasted  almost a year and a half, and regrettably conditions have not 
improved. The situation is especially critical for many developing countries, and the production and 
distribution of vaccines has been very unequal throug hout the world. Given the magnitude of the 
current health crisis, we believe that any initiative should aim to guarantee equitable access, and 
promote the transfer and dissemination of technology and knowledge, and enhance local production 
capacity and the  timely distribution of vaccines at the global level, should be given immediate and 
additional consideration.  
390.  We cannot waste any more time. The world is waiting to see what happens in the 
TRIPS  Council. For this reason, we invite all the delegations to be gin text -based discussions. We 
must be able to take concrete, consensual and coordinated action that places the WTO at the centre 
of the economic and health recovery.  IP/C/M/100/Add.1  
 
- 61 - 
 
  13.45   Chad on behalf of the LDC Group  
391.  We would like to begin to r eiterate our position  of the LDC Group which is one to support  to 
this revised proposal , the subject of which concerns us all . It is about saving  lives and about ensuring  
that the pandemic  does not aggravate the curr ent situation ca using  a high number of victims and 
forcing states to take measures and restrictions with which we have seen a slowdown  in global 
economic activity . We need to ensure that everybody has access in a fair manner to medications 
and to vaccine s and to the new technologies that are needed to control the  pandemic . This is a 
requirement for all of us individually but also it is the great challenge that lies ahead of us . Relevant 
arguments have been put forward and responses and clarifications have been provided by the 
co-sponsors  to some of the concerns and h esitations of some government s. It is in that same spirit 
that we need to continue to respond to these concerns and indeed look at the updates which are 
made because we can see in the revised proposal that there is  a clear willingness of the co -sponsors 
to move towards a compromise and to move towards consensus . We underline that the proposal for 
the waiver  is an opportunity to take concr ete steps to  help to prevent new tragic repetitions of this 
in terms of vital treatment . No country has been  spared  by the COVID -19 crisis. But LDCs are those 
who are least capable o f bouncing back after this crisis because of the significant deficits that they 
bear in terms of development.  
392.  The pandemic has ravage d LDCs' fragile  economies and the global recession which ha s 
followed has the lead to a collapse of the external demand  of the goods and services  from LDCs and 
has led to a decrease in the prices of principal exports and limits in terms of investment flows . For 
our resources , we see  the capacity of production and diversification which has been severely 
restricted . LDCs generall y do not have the resilience that they need in order to resist  to such a crisis 
and its various economic shocks and so we think that in the current context that M embers must 
demonstrate flexibility and must show an approach and a vision that is focused on adopting a 
decision within the TRIPS Council decision  that is up to the expe ctations of over millions , or indeed  
billions , of individuals across the world . With regard to a wa iver for certain provisions of the 
TRIPS  Agreement for the containment and prevention of COVID -19, the rapid spread of the 
pandemic has meant that we have realized that we need a true global partnership and therefore 
consensus within the WTO so that nobody is left behind . We not only to limit ourselves to a moral 
commitment , but also respond to medium and long -term considerations in terms of the resilience of 
the multilateral  trading  system.  We also share what was said by the African Group yesterday that 
we need to intensify our activities of meetings and other types of consultati ons, both informally and 
formerly , in order  to level the playing field and to reduce divergences and show that we can provide 
access in a fair and equitable manner . South Africa's calendar is relevant given the significant 
challenges to be overcome on the health basis . The LDC Group should like to reiterate its appeal for 
text-based discussions, looking through towards  a rapid adoption within the TRIPS Council . 
13.46   Viet Nam  
393.  Viet Nam would like to thank South Africa and the co-sponsors for the revised proposal for a 
TRIPS Waiver relating to the prevention, containment, or treatment of COVID -19 pandemic. We 
would like also to express our appreciation to the E uropean Union for their hard work for seeking a 
comprehensive solutio n for vaccine production and distribution.  
394.  Viet Nam would like to reiterate that we support any solution that helps to minimize the 
negative impact of IP protection on access to pharmaceuticals and medical devices, especially the 
accessibility  of pharmaceutical products in developing and least deve loped countries. Such solutions, 
however, should maintain incentives for investment in the research and production of new 
pharmaceuticals and medical devices.  
395.  As in any other part of the world, Viet Nam has been suffering a new wave of the pandemic 
and at the same time we lack the of doses of vaccines for domestic need. Therefore, Viet Nam 
supports text -based negotiation and look s forward to achieving a consensus among WTO Members 
in terms of vaccine production and distribution to quickly put an end to the COVID -19 pandemic.  
13.47   Namibia  
396.  Firstly, my delegation appreciates the effort by Republic of South Africa and India for this 
well-crafted revised proposal for a waiver from certain provisions of the TRIPS Agreement for the IP/C/M/100/Add.1  
 
- 62 - 
 
  prevention, containment and treatment of COVID -19. At the outset, Namibia associates with the 
statement delivered by Tanzania on behalf the African Group.  
397.  As one of the co -sponsors to the proposal referenced in document IP/C/W/669/Rev.1, my 
delegation is satisfied with the content and the Draft Decision Text for a waiver from certain 
provisions of the TRIPS Agreement. The COVID -19 pandemic is the crisis of a centur y. In addition 
to the number of deaths due to COVID -19 (3,718,849), ILO reports that the crisis -induced global 
shortfall in jobs is estimated to reach 75 million in 2021, and 23 million in 2022. In addition, the 
related gap in working -hours, which includes  the jobs gap and those on reduced hours, amounts to 
the equivalent of 100 million full -time jobs in 2021 and 26 million full -time jobs in 2022.  
Furthermore, global unemployment is expected to stand at 205 million people in 2022 which is far 
higher than th e 187 million in 2019. The figures clearly indicate the socio -economic impact of 
COVID -19 to the global economy.  
398.  Therefore, we need to be pragmatic, flexible and work in solidarity with a view to ensure 
timely, equitable, and secure access to safe, effecti ve and quality COVID -19 vaccines and other 
therapeutics for the treatment and containment of COVID -19. It is against this backdrop that my 
delegation fully supports the Revised Decision Text and the Draft Decision Text and calls for 
text-based negotiations . 
399.  On the modalities, my delegation supports and call for line -by-line negotiations on the Draft 
Decision Text. The referenced sections in the Draft Decision Text to which the temporary waiver is 
being sought provide a good basis for our work moving forward  with the aim to reach consensus 
and compromise in order to address the current challenges we are faced with concerning the supply 
constraints of vaccines, diagnostics, medical devices, PPE, therapeutics and others to treat and 
contain COVID -19. 
13.48   European U nion 
400.  I would just like to thank all the Members that expressed their interest in the EU proposal  on 
clarifying the requirements on compulsory licensing  to help enhance the production and distribution 
of COVID -19 vaccines and therapeutics . We are very grateful for these expressions of interest.  We 
invite all Members to the discussion s on our  proposal and we will be happy to answer questions and 
provide explanations, both in the context of the discussion s here and bilaterally . I would like to 
reiterate that we have focused on the points for clarification  which have come up in our discussions 
which we are of the view are most relevant for a rapid response . However, we are very open to 
enlarge the scope of the  discussion  to other issues that c ould be relevant to ensure that intellectual 
property does not stand in the way of our common objective . We intend to come forward with a 
more elaborate text very soon. We would already like to invite reflection and discussion on these 
proposals.  We are convinced that we can find agreement on this matter in a short term which would 
allow us to have rapid concrete solutions to the matters at hand.  
13.49   India  
401.  I will begin by exp ressing thanks to the new co -sponsors and Members  who have come forward 
to support our proposal. We thank Members  for their pragmatism which is important to take these 
negotiations to their logical and timely conclusion.  
402.  The past year and a half have been  unprecedented in the history of this organisation. As the 
challenges posed by the pandemic unfold, we work towards collaborative efforts to combat 
COVID -19. In this regard, Members have submitted proposals at the WTO seeking to combat the 
crisis and enhan ce preparedness for future pandemics, however, it is our firm belief that the TRIPS 
Waiver Proposal  remains at the core of our response and preparedness. We have introduced the 
revised text after many rounds of informal and formal meetings of this Council and small group 
meetings and bilateral discussions. The revised text addresses the concerns raised by Members in 
these meetings. Let me quickly touch upon the changes that we have brought out in the revised 
text. Out of these five changes,  three  changes have been made to the preamble and the other two 
concerning the scope and duration.  IP/C/M/100/Add.1  
 
- 63 - 
 
  403.  The first change draws our attention to the emerging variants and mutations that reinforces 
the belief that the solution must be global and timely or else the virus and its mutations and variants 
would outpace and beat the solutions designed.   
404.  The second change is made to integrate elements from TRIPS  Council Chairs ' report to the 
General Council  reflecting solidarity shown by the members hip in treating this as a global problem 
that needs a global solution.  
405.  The t hird change to the preamble reflects the balance between commercial interests of IP 
rights holders and public health at large also showing that for the co-sponsor s it is not an id eological 
debate, we are not against incentives for R&D and innovation while at the same time we acknowledge 
the importance of public h ealth during a pandemic.  
406.  The scope and duration bring in specificity to the proposal, as the scope focuses on the 
preven tion, containment, and treatment of COVID -19 and includes the health products and 
technologies needed to deal with the pandemic, the specific duration considers uncertainties 
surrounding the pandemic while also brings out the temporary nature of the waiver . The proponents 
have no intention of continuing the waiver for indefinite period and no intention of denying benefits 
of IP rights to right holders beyond the waiver period.  
407.  It is encouraging to note that in the past eight months the proposal has been ac tively discussed 
in various formats at the TRIPS  Council meetings both formal and informal, in small group meetings 
as well as in bilateral engagements.  A fair conclusion can be drawn that all Members have concurred 
that the solution needs to be comprehen sive and multipronged, and that various ways can be 
pursued simultaneously and without prejudice to each other.  
408.  We gather from the informal meeting held on 31 May and the discussions held yesterday and 
today that Members have expressed their willingness t o engage in discussions on the text and we 
thank the Members for this flexibility. Also, in the informal meeting Chair you had asked delegations 
to come prepared to deliberate upon the modalities and format with regards to the text -based 
negotiations. Let me briefly present our five suggestions with respect to th e way forward.  
409.  First, we would like negotiations to begin after this formal meeting i.e., by mid -June. Second , 
looking at the severity of the second and third wave hitting different parts of the wor ld, we cannot 
lose time , and therefore  we look at concluding these negotiations by the end of July before we go 
for the summer break. Third , we would like to enter line -by-line negotiations on the text, and for 
this we are open and flexible to engage in all possible formats whether in a plenary or small group 
meetings. Fourth , we request all necessary cooperation regarding administrative and l ogistical 
arrangements from TRIPS  Council Secretariat to go forward in this regard. Finally, we urge that as 
we are working on a tight schedule , we can engage daily in the similar way as we are engaging to 
conclude the fisheries negotiations.  
410.  In conclusio n I would say that we have reached a critical juncture in this process and any dilly 
dallying would only cause more harm especially when we are in a race against time. If there are any 
Members  who are still in two minds, and have concerns on the text , we urge them to come to the 
table, join the text-based negotiations and we can continue discussions and work on thrashing out 
these issues of interpretation therein.  
13.50   South Africa  
411.   I just want to thank all Members who took  the floor . I think it has been an engaging discussion 
and we have not heard anyone not wanting to engage . I think this is a good basis for us to take our 
discussion forward . We would like to thank the European Union for the text that it put forward . Albeit 
this text is brought on a different basis to at the wa iver, which is b rought on the basis  of Article IX.3. 
But nonetheless, as co -sponsor , we are happy to discuss with the European Union and to u nderstand 
what the objective of this particular text is . We also recognize the inputs by other Members , including 
the United States , Switzerland, the United Kingdom  and Australia , for example. The re are broader 
issues that we believe could be more effectiv ely discussed outside of the TRIPS Council . Going 
forward, we believe the modalities and the meetings that we have to set up will be important for us 
to take these discussions forward.  IP/C/M/100/Add.1  
 
- 64 - 
 
  412.  I am thankful for all Members who took the floor and who constructively have contributed to 
this debate . We will reach out bilaterally and of course also  within the context of the TRIPS  Council . 
I look forward to a schedule of meetings that will allow us to get into the gran ular detail s that all of 
us say we want to discuss.  
13.51   Iran 
413.  The COVID -19 pandemic has brought unprecedented challenges for the communities and 
economies worldwide, causing a profound effect on the lives of millions of people all over the world.  
414.  Despite multilateral commitments and political declarations of solidarity and cooperation to 
ensure access to COVID -19 vaccine, it has not been practiced by all Members  of the international 
community. The vaccine nationalism approach, and self-centred  political behaviour  of leaving others 
behind in access to the necessary tools to respond to the pandemic will remain as one of the major 
moral and political failures of our era.  
415.   An effective response to the current health and economic crisis should be guided by values of 
genuine international solidarity, multilateralism, equality, and global collaboration in practice. Global 
solidarity is not only morally right, but also offers the best and quickest way to end the heath crisis.  
416.  We firmly belie ve that the intellectual property objectives must be balanced against realizing 
the right to health, of which access to health products and technologies including diagnostics, 
therapeutics, vaccines, medical devices and their materials or components and th eir methods and 
means of manufacture for the prevention, treatment or containment of COVID -19 medicines and 
other health products is a central part. The provisions of TRIPS should be interpreted and applied in 
such a way as not to impede the access to vacc ine and transfer of technology to developing countries, 
especially in the face of international health emergencies. Accordingly, we support  the joint proposal 
by South Africa and India for waiver from certain provisions of the TRIPS Agreement for the 
preve ntion, containment and treatment of COVID -19. It certainly would be an effective way to end 
the COVID -19 pandemic and return to normalcy through ensuring the scaling of the production of 
pharmaceutical inputs, allowing the adoption of a comprehensive strat egy to ensure timely, 
sufficient, equitable and affordable access to all technologies developed to fight COVID -19.  
417.  The adoption of the revised waiver  proposal will overcome potential obstacles that some 
categories of intellectual property rights may creat e to get timely and unfettered access to 
technologies and products needed to address the pandemic. It will not affect, however, the 
enforcement of other categories of rights covered by the TRIPS Agreement, nor its full 
implementation in relation to matters  unrelated to the prevention, containment or treatment of 
COVID -19. Therefore, the adoption of this proposal is critical to ensure availability of medical 
products at affordable price s for the prevention, containment and treatment of COVID -19. 
418.  Having said that, due to the urgency of the matter, it is necessary to conven e as many 
meetings as possible to reach consensus  on the joint proposal by South Africa and India through 
text-based discussion before General Council meeting in July . 
14  EXTENSION OF THE TRANSI TION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS 
AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS  
TRIPS Council meeting on 8-9 June 2021  
14.1  Chad on behalf of the LDC Group  
419.  Thank you very much, Chair, for the efficiency with which you are conducting the work of the 
TRIPS Council. The LDC Group is extremely grateful for your many efforts to achieve a successful 
outcome on the proposal we have submitted regarding the extension of Article 66.1.  
420.  We would also like to take this opportunity to thank all Members for their support or their 
consideration of our proposal. It should be recalled simply that the submission was tabled and 
discussed in the TRIPS Council meeting in October 20 20 and was followed up regularly, as you 
mentioned. With regard to Article 66.1, as we also said at our informal meeting the previous week, 
it is acknowledged that LDCs face particular economic, financial and administrative constraints. IP/C/M/100/Add.1  
 
- 65 - 
 
  Consequently, it is  understood that they cannot apply certain provisions of the Agreement in the 
same way as other more advanced Members. It is also recognized that LDCs need flexibility to create 
a viable technological base and address development challenges, which is why L DCs are exempt 
from applying the provisions of the Agreement, except for Articles 3, 4 and 5, for a specified, 
renewable period. The fact is that it is difficult to assess when LDCs will be sufficiently able to 
overcome their economic, financial and admini strative constraints, which means that flexibility is 
needed as long as there is significant uncertainty and as long as LDCs are not able to create a viable 
technological base.  
421.  In the current context, it has been observed that the pandemic has further exac erbated the 
challenges faced by LDCs and the negative effects of the crisis are yet to be fully gauged. Thus, the 
combined GDP of LDCs declined by 5% in 2020 compared with pre -pandemic estimates, and large 
numbers of infections and COVID -19-related deaths have placed significant strain on our countries ' 
already highly fragile health  care systems. Due to financing constraints and limitations in the supply 
of vaccines globally, many LDCs may not complete mass immunization against COVID -19 until 2023 
and possi bly even beyond, exacerbating the existing challenge. Therefore, we believe that Members 
need to ramp up support to LDCs to ensure affordable and equitable access to all the necessary tools 
that will enable them to move towards development. More broadly, w e must bear in mind that LDCs 
comprise approximately 13.4% of the world 's population, but only account for 1.3% of global GDP 
and close to 1% of world trade. Therefore, extending the transition period for LDCs, as we ll as the 
additional 12 years  that we ha ve called for , would greatly benefit LDCs by setting them on the path 
to development.  
422.  Chair, we therefore look forward to your input and the Members ' responses on how to address 
this situation, since the deadlines are approaching . We hope that a favourable  decision will be taken 
before the current transition period expires on 1 July 2021. We shall therefore pay close attention 
to the Members ' comments and shall take the floor again to respond to them.  
14.2  Bangladesh  
423.  My colleague , the LDC Coordinator from Chad , has well explained the context and the 
continued challenges of the LDCs. Let me provide a few more points.   
424.  Article 66.1 of the TRIPS Agreement has affirmed that ''The Council for TRIPS shall, upon duly 
motivated request by  a least -developed country Member, accord extensions of this period.  'It may 
kindly be noted that the text does not specify the total period that the LDCs may further request for 
the extensions.  On the other hand, submitting the duly motivated request by t he LDCs is the only 
requirement according to the mandate of this Article.   
425.  Therefore, the LDCs have assessed their needs and challenges and submitted this duly 
motivated request at the TRIPS Council seeking extension for the total period  for as long as a c ountry 
remains in the LDC category and a few more years after graduation to address their needs and 
challenges. There is no legal barrier in making such a request as stipulated in Article 66.1 of the 
Agreement. The LDC Group has submitted this request eigh t months back, on 1 October 2020, much 
ahead of the expir ation of the current transition period  on 1 July 2021.   
426.  In the past, the TRIPS Council extended this general transition period on two occasions. In 
both instances, a specific number of years of a sho rt length was decided without any assessment or 
justification (i.e. seven  years and six months in 2005 and eight years in 2013). The LDCs , with small 
delegations , are again struggling  now with the same issue. It means  that the length of both 
extensions in the past was impractical.   
427.   The LDCs have been continuously engaged with Members for a positive outcome on this 
submission. During the last eight months, the Group has received support from a large number of 
Members.  
428.  With the initiative of the TRIPS Chair, the LDC Group  has also informally consulted some 
Members.  We are grateful to colleagues of those delegations for their collegiality and good spirit 
during our d iscussions. To understand their concerns and to know their specific positions on this 
issue, the LDC Group also has asked them four sets of questions ; but the Group has not received 
any precise response. During the discussions those Members have only empha sised that a IP/C/M/100/Add.1  
 
- 66 - 
 
  time-bound extension would be practical . However, they have not yet made a ny specific proposal  
on any specific length or period. In addition, there is a suggestion to remove the "post-graduation 
element " from the submission.   
429.  The LDC Group  has carefully reviewed their suggestions and requested consider ing the 
following two points:   
• First, evidence shows that a decision building on past practice does not help in this regard. 
Otherwise, the LDCs would not be seeking a third extension now. As long as the LDC 
challenges recognized in TRIPS Article  66.1 are in place, and the need for flexibility to 
create a viable technological base is relevant, the LDCs will be in continuous need of 
extension s of this transiti on period.  And it is most likely that these challenges and needs 
will be there as long a country remains in the LDC category and for a few more years after 
graduation.  
• Second, particularly after the outbreak of the COVID -19 pandemic, the LDCs are the 
harde st hit. Therefore , the length of extension should also consider the new circumstances.   
430.  Let me also take the opportunity to explain again why the post -graduation extension is 
relevant in this Council. We all agree that the application of TRIPS provisions is severely challenging. 
It requires putting in place the necessary legal framework, inst itution s and other infrastructures. 
This was the logic behind adopting this transition period in the first place.  
431.  When TRIPS was negotiated, WTO Members were given initial transitional periods depending 
on their development status. In spite of having had strong IP regimes for over a hundred years prior 
to the TRIPS Agreement, developed countr y Members  required a one year transition period for the 
application of TRIPS provisions. Likewise, all developing countr ies were given a five year transition 
period . An additional five years on the issue of specific product patent s for the same purpose was 
also given to many developing countries.   
432.  It is reasonable that LDCs , after their change of their status, that is after graduation, will need 
some extra time to address their transitional challenges regarding the application of TRIPS 
provisions.  
433.  We can also explain the issue referring to the already graduated countries. Since the creation 
of the LDC category in 1971 by the United Nations , to-date only six countries have graduated from 
the list. Botswana graduated in 1994, before the establishment of the WTO. The following are the 
graduation years of the remaining five countries: Cabo Verde in December 2007, Maldives in 
Janua ry 2011, Samoa in January 2014, Equatorial Guinea in June 2017, and Vanuatu in 
December  2020.  
434.  Can anyone now prove that these five countries sufficiently could address their TRIPS 
application -related needs and challenges immediately before or after their graduation from the LDC 
category? Or could any of these five countries create a viable technological base in their countries 
before graduation? The answer is negative. This means that the support measures for technology 
transfer through TRIPS Article 66.2 and technical cooperation through Article 67 did not sufficiently 
work for these countries. Therefore, the remaining LDC Members  must need the continuation of this 
policy space under Article 66.1 for a sufficiently longer time if we really want their meani ngful 
integration into the international trading system , particularly in the context of TRIPS.   
435.  Any issue related to TRIPS  has to be first discussed in TRIPS Council and the TRIPS Council 
would either take a decision or make a recommendation to the General  Council. The LDC Group 's 
proposal on the transition period regarding the application of the TRIPS provisions for the LDCs after 
graduation, as provided in this submission, merits discussion in the TRIPS Council. If some Members 
do not want to discuss this  in the TRIPS Council, it means that they want to follow the past practice 
of providing a number without justification , instead of a meaningful transition period for the LDCs.   
436.  On 4 June 2021, during the open -ended informal TRIPS Council meeting, we provided a 
summary of the responses on the issues raised by some Members.  With your kind permission Chair, 
we request the Secretariat to include the following issues and our responses in the present meeting 
records :  IP/C/M/100/Add.1  
 
- 67 - 
 
  a. An extension of the transitional period  without a time limit, as proposed by the LDC Group , 
would slow down the process of gradually integrating LDCs into the multilateral trading 
system.  
437.  On this issue, the LDC Group  wants to clarify that the LDCs do not ask for an unlimited time 
period. Every  LDC will graduate, therefore the request is not for an unlimited period. And a specific 
time after graduation has been proposed , which is also not unlimited. The transition does not exempt 
the LDCs from the provisions of Articles 3, 4, and 5. It means the  LDCs are not completely exempted 
from all obligations of the TRIPS Agreement. Getting a longer extension will not slow down the LDCs ' 
integrati on into the multilateral trading system. Such a step with congenial policy space will motivate 
LDCs to gradually  improve their national conditions and their progress in social, economic and 
technological development .  
b. A certain level of intellectual property rights (IPR) protection and enforcement is beneficial 
to LDC Members, because IPRs are a catalyst for innovat ion and an important tool for 
sustainable development.  
438.  On this, the LDCs think that as long as the recognized challenges of the LDCs are in place, 
they will never be able to apply the provisions of TRIPS. Only having IP laws or some IP -related 
policies do es not guarantee TRIPS enforcement . That involves resources and capacities to 
implement, administer and enforce TRIPS -compliant IP laws through well -coordinated and efficient 
management , including specially trained judges, lawyers, police, customs officials, administrators, 
inspection services, information system s, data management, border management , etc. The LDCs as 
a whole lack these prerequisites. There is no economic evidence that LDC s at their initial stage of 
industrialization benefit from strong IP protection. The LDCs are not a target market for innovative 
and creative owners of IPRs to commercialize their latest technological innovations or creations that 
would call for the protec tion of IPRs, and this will continue to be the case for a long time. At the 
current stage of their development, LDCs will not benefit from IP protection and they must be 
exempted from the application of TRIPS provisions until they have a strong and viable technological 
base.  
c. The LDCs ' request for an additional period of 12 years exemption , calculated from the date 
an LDC Member graduates from the LDC category , appears to go beyond the scope of 
Article  66.1 of the TRIPS Agreement.  
439.  On this issue, the LDCs f ind that there is no legal bar in the text on the length of the extension.  
The text does not also clearly say whether the TRIPS Council can accord such an extension that may 
go beyond LDC status, to meet the present and future needs of the LDCs. It means t hat the 
determination of the length of the extension depends on Members. And the Members should do such  
a favour for the LDCs , considering their continued vulnerability, their negligible share of global trade 
(less than 1%), and the special circumstances p revailing after the outbreak of the pandemic.  
d. It should be noted that the request for an additional period of 12 years exemption from the 
date a n LDC  Member graduates from the LDC category is included also in the communication 
on smooth transition.   
440.  The LD Cs want to clarify that this is exactly not the case. At the WTO General Council (GC) 
the LDCs have submitted a Ministerial draft decision (WT/GC/W/807) that proposes to allow LDC s 
specific available flexibilities and support measures after graduation to s upport their smooth 
transition for 12 years. On the other hand, the TRIPS Council has not yet decided the extension 
requested by the LDCs. Therefore, at this moment no link has been established between the two 
submissions. The submission at the TRIPS Counc il should be considered on its own merit under the 
provision of Article  66.1 of TRIPS.  
441.  As the way forward, the LDCs are ready to discuss any proposal of any proposed length that 
can sufficiently address the needs and challenges of the LDCs. Therefore, we request you to consider 
the following two points:  
• Members who do not agree to the LDC Group 's proposal may please suggest a specific 
time as an ideal length that they think is good. We also request our partners to note that IP/C/M/100/Add.1  
 
- 68 - 
 
  the LDCs are the hardest hit by the ongoing pandemic , which has posed severe uncertainty 
for the recovery of their  economic and social progress achieved in recent years, including 
in terms of poverty and social outcomes. Those Members may please consider the new 
circumstances while suggesting the length of the next extension. Only copying from the 
previous decisions will not help in th is context.  
• The issue of TRIPS application challenges for  the LDCs after graduation is , of course , an 
integral part of our proposal. We request a discussion of this issue here, and including this 
part, Members can agree to accord the extension as requested by the LDCs. Otherwise,  
as an alter native,  if Members ag ree that this issue should be additionally endorsed by the 
General Council, here in the TRIPS Council we may approve and recommend that issue to 
the General Council . There are previous instances of approving and forwarding such 
recommendations to the Gener al Council  from the TRIPS Council.  
442.  We believe that in WTO reasons prevail over pre -conceived ideas and scholastic biases. We 
also trust that Members  will take a favourable decision for the LDCs by allowing a reasonable, 
meaningful and effective transition period before the current transition period expires. The LDCs are 
ready to constructively engage as and when required.  
14.3  Tanzania on behalf of the African Group  
443.  Thank you , Chair,  for your efforts in ensuri ng that this important matter is brought to a close 
in a meaningful way. The African Group would also like to thank the delegation s of Chad and 
Bangladesh for their introductory remarks on this agenda  item. On behalf of the African Group , I 
want to restate briefly the Group's position stated during the consultative meeting held on 
4 June 2021 as follows .  
a. This agenda item is a high priority for the Africa n Group, given that nearly three -quarter s of 
least developed countries are from the Africa n continent. The Group continues to follow 
attentively the evol ution of this matter.  
b. The little progress towards  settling this agenda item is of great concern to the African Group , 
considering the short period left until the current extension comes to an end at the end of 
this month . 
c. Many Members  are supporting the LDCs ' request , but only a few Members  have continued 
to delay the decision for an extension to be made. The African Group  is supporting the 
proposed waiver as enshrined in document IP/C/W/668.  
d. The Group believes that LDCs need the waiver now more than ever before , due to the impact 
of COVID -19. The situation of many LDCs has worsened. Their vulnerability has much been 
exposed during the pandemic due to their lack of an industrial technological base to produce 
basic needed COVID -19 health products and therapeutics.   
e. The LDCs ' financial needs h ave been exacerbated during the period of the pandemic , and 
will remain so until the pandemic is over,  due to the need to procure  COVID -19 PPE, 
diagnostics kits, vaccines and therapeutics.  
f. LDCs have been predicted to experience the worst economic performa nce in 30 years , which 
has been reported by UNCTAD in 2020.11 This is because of the  COVID -19 crisis. Major 
economic strides attained by LDCs in over a decade , under the support of multilateral and 
bilateral arrangements,  have been stricken off within a sh ort period of time and extreme 
poverty will rise  in LDCs .  
g. Economic recovery in LDCs will be prolonged post -pandemic due to the failure of the 
supporting  private sector , economically and financially. Even before the pandemic, the LDCs 
report ed not to have progressed in over a decade to reach the Istanbul  Programme of Action 
target of doubling their share of global trade.  
h. All of these conditions , including financial and administrative needs, which neces sitate d 
granting LDC s the waiver as enshrined in Article 66.1, are now more prevalent in LDCs due 
to the impact of COVID -19.  
 
11 UNCTAD Least Developed Countries Report 2020 : https://unctad.org/topic/vulnerable -economies/least -
developed -countries/ldc -report.  IP/C/M/100/Add.1  
 
- 69 - 
 
  i. Moreover, LDCs still do  not have the viable technological base envisioned in Article  66.1. 
Developed countr y Member s committed to support th is endeavour , as stipulated in 
Article  66.2 of the TRIPS  Agreement.  
j. Therefore, the African Group once again reiterates the importance and urgency for the 
TRIPS  Council to extend the LDC TRIPS waiver.  
444.  The TRIPS Council should also ens ure an effective implementation of Article  66.2 of the 
TRIPS  Agreement, with a view to build ing strong productive industrial capacity in LDCs. LDC s should 
be able to produce basic needed products , particularly pharmaceuticals , and particularly  in times of 
crisis, like now.  
445.  The African Group was expecting that this important matter could be brought to a close today, 
as discussions have already been prolonged, considering that the proposal  was tabled in 
October  2020.  Prolonged discussions on subj ects like this cause LDCs to worry that this situation 
could  reoccur in the future. To avoid prolonged discussions on a similar matter, we think the proposal 
of until graduation is very relevant for the consideration of Members.  
14.4  Nepal  
446.  I associate with the statement delivered by Chad on behalf of the LDC  Group. My delegation 
refers to the statements delivered by Nepal at various formal and informal meetings held earlier 
while discussing this agenda item and reiterate Nepal's arguments and justifications shared in those 
meetings in this regard. Sufficient justifications and evidence have been well -presented at a recently 
held informal open -ended meeting of this Council on 4 June in favour of this proposal by a large 
scale of the membership.  
447.  Despite a long transition period since the establishment of the WT O to-date, LDCs have not 
been able to create a viable technological base to revive their productivity growth. They lag 
significantly far behind in science, technology, and innovation. A huge digital gap has hindered LDCs 
from benefiting from e -commerce and  the digital economy. In this context, the LDC Group has 
submitted a duly motivated request for extension of the transition period for as long as a country 
remains a least developed country, and for 12 years after it graduates from LDC status.  
448.  This submis sion is fully in line with the provision of Article 66.1 and the preamble of the 
TRIPS  Agreement. Similarly, LDC graduation is not only a global commitment and target but also a 
common responsibility to achieve. Graduation itself does not ensure a sound te chnological base in 
the LDCs; rather it presents additional challenges to them in trade and development. Therefore, this 
submission is fully justified and rational.  
449.  Additionally, technology transfer under TRIPS Article 66.2 and other support as reflected in 
Article 67 would be helpful for LDCs to effectively implement this Agreement. Recent data related to 
science and technology reveals that the LDCs are not on the scene at all. Against this background, 
I would like to call upon all Members to extend their  valuable support in favour of this proposal. It 
would convey a positive signal that the WTO cares about the LDCs by adopting supportive policy 
measures as and when needed.  
14.5  Zambia  
450.  My delegation wishes to endorse the statement ma de by Chad on behalf of the LDC Group, as 
well as the statements made by other delegations in support of the submission of the request for 
extension of the transition period under Article 66.1 of the TRIPS Agreement.  
451.  Many LDC  economies are still faced with many challenges and the ongoing COVID -19 pandemic 
has only made the situation worse – the extent of which will only be determined after the pandemic 
is fully contained and economies return to some form of normalcy. Given tha t the pandemic remains 
a moving target due to the slow pace of vaccinations in LDC countries, it may take many years for 
LDC economies to return to normalcy. This, therefore, necessitates maximum flexibilities to be 
granted to LDCs under the TRIPS Agreemen t to enable us to build the necessary conditions that 
would facilitate the effective protection of IP while maximizing economic benefits from the 
exploitation of IP.  IP/C/M/100/Add.1  
 
- 70 - 
 
  452.  The current transition period is set to expire on 1 July 2021 and this date is almost upo n us. 
We therefore look forward to Members' positive consideration of our request in this meeting and an 
extension of the transition period beyond the current expiry date.  
14.6  Senegal  
453.  My delegation aligns itself with the statement s made on behalf of the LDC Group  and the 
African  Group . Eight months ago, the LDC Group submitted a duly motivated request ( document 
IP/C/W/668) and the proposal received considerable support from Members, leading experts, 
academics and civil society organ izations worldwide.  
454.  It is true that, in the past, the TRIPS Council has twice extended this transition period before 
it was due to expire. However, LDCs, which have small delegations, are once again grappling with 
the same problem. This means that the two past extensions were not long enough. The next 
extension should be longer in duration so that it provides significant leeway for addressing the needs 
and challenges of LDCs, as recognized by Article 66.1 of the TRIPS Agreement.  
455.  As long as Article 66.1 of t he TRIPS Agreement acknowledges that LDCs exist and that the 
need for flexibility to create a viable technological base remains relevant, LDCs will constantly need 
this transition period to be extended. There are no legal obstacles to such a request, as st ipulated 
by Article 66.1 of the TRIPS Agreement, and the proposal is fully justified. My delegation therefore 
supports the LDC Group 's proposal and invites Members to authorize a further extension of the 
transition period under Article 66.1 of the TRIPS Ag reement.  
14.7  Angola  
456.  The Angolan delegation is in line with the statement s made by Chad on behalf of the 
LDC Group , Tanzania on behalf of the African Group and Bangladesh.  We believe that the COVID -19 
pandemic is simply another real reason added to the other reasons that our main structural economic 
challenges remain undefined . So we request the Members  of this Council to consider the proposal 
for extension of the transition period under Article 66.1 of the TRIPS Agreemen t. The Angola n 
delegation does not believe that the WTO becomes a negotiating centre without some sensitivity 
and flexibility.  
14.8  Chile  
457.  For Chile, the LDCs ' request merits consideration, particularly after having witnessed how the 
pandemic has forced all Members to redirect their human and economic resources. In our view, 
multilateralism requires us to show empathy and a spirit of solidarity, and it is therefore vital that 
we recognize the special needs and requirements of LDCs, as w ell as their economic, financial and 
administrative constraints. For this reason, our delegation hopes that the discussions will have a 
positive outcome.  
14.9  Uganda  
458.  My delegation wishes to thank our coordinator and our focal point for their strong leadership 
on this issue of most importance to our group. We align ourselves with the statement s made by 
Chad and Bangladesh in this regard. We also thank the African Group for its support and endorse 
the statement delivered by Tanzania on behalf of the African Group. We wish to stre ss a few points 
at this meeting .  
459.  There is no question that our countries , as LDCs, are the most impoverished  and economically 
vulnerable economi es of the world . We are officia lly classified as such by the United  Nations. It has 
been the ca se for many years , absent  aggravating  factors and in particular  the COVID -19 pandemic.  
With the pandemic  raging on, our countries have been and will continue to be the most affected by 
it for years to come.  Much of the progress that we recorded prior to the pandemic has been greatly 
undermined  by the effects of the pandemic. More than ever before , this alone justifies the need for 
the longer transition period.  
460.  Moreover , the goal of the transition  period is a long way from being attained . Many of our 
countries are yet to graduate from LDC status . And yet we must also acknowledge the fact that IP/C/M/100/Add.1  
 
- 71 - 
 
  graduating  is not a single d ay's event ; neither is maintaining  the newly -acquired graduat ed status. 
Such a delicate situation necessitates flexibility for graduating LDCs.  We call upon our partner s here 
to share with us clearly the difficulties that they have with the LDC Group request  in this regard. 
Furthermore, thi s Council is the most appropriate forum to take a decision or to make a 
recommendation on this issue , and must not be seen to ignore its duty . Our Group has presented a 
duly motivated  request for the ex tension of the trans ition period for as long as the country remains 
an LDC  and for a defined time upon graduation.  
461.  My delegation fully supports th is proposal . It must be recalled that this request was made 
close to eight months ago . As a reclamation,  it is now a matter of week s before the current transition 
period lapses . It is shocking and saddening  for us that an issue so critical to the w eakest  Members 
of this Organization h as taken so long to be settled . It is therefore a matter of utmost urgency . We 
therefore invite all Members  to fully support the request  put forward by our Group . 
14.10   Vanuatu  
462.  I would like to first thank you  for the good pro gress on this matter that w e have seen , 
supported  by your chairmanship as well as our  group coordinators.  We also thank WTO Members 
who have expressed favourable views on the proposal . We associate ourselves with the statement 
made by Chad on behalf of the LDC  Group , and we support the statements made by other  LDCs.  
463.  It is not easy to evaluate if a country such as my own , Vanuatu , is able to fully meet  and 
comply with the TRIPS  Agreement , wherein  Article 66.1 was purposefully set out  to help us.  As you 
know  Chair, Van uatu is in the transit ion period for LDC graduation . Does graduat ion mean that a ll 
the difficult ies that Vanuatu  faced have been resolved ? Not at all . Vanuatu  as a graduating LDC 
remains a small country . It remains a small island  state. It remains susceptible to vulnerabilities 
from environ mental disasters  and the threat  of climate change . These have remained unchanged . 
Have we advanced in science  and technology, an d other consideration s set out in the 
TRIPS  Agreement ? No. Does graduation mean w e will meet  those requirements quickly ? No. The 
current COVID -19 pandemic has added stress to our public systems  and our economies . Despite the 
negative impacts of COVID -19 and the challenges faced by Vanuatu  last year , we took the decisio n 
to proceed with the graduation . The transition beg an in December 2020, only six months ago . So, 
in our experience , we asked a question : will LDC countries  face similar situation s in the future , those 
who will be graduating ? The answer is yes . Vanuatu supports the c all for WTO M embers to agree 
with the extension and we hope that a decision  is made to extend the transition period  as set out in 
the proposal  as soon as possible . We hope that in the present  Council meeting the transition period 
will be extend ed. 
14.11   Pakistan  
464.  We thank the LDCs  for their submission and support this extension of the transition period 
under Article 66.1 of the TRIPS Agreement , so as to allow the LDCs to have the policy space and 
flexibility that is necessary for them , given capacity constraints and the needs of least developed 
countries. We note that the duration of previous extensions was arbitrarily decided and was 
inadequate , resulting in a continuous struggle for LDC Members . We look forward to the approval o f 
the request of LDC Members for a meaningful extensi on of the transition period.  
14.12   Malawi  
465.  My delegation joins the LDC coordinator Chad, Tanzania on behalf of the African Group, and 
Bangladesh as the focal point.  
466.  Malawi requests the Council  to consider this proposal on Article 66.1 . It has to be reemphasized 
that the digital divide  that has been spoken of before  is now uglier  than anticipated. With the 
pandemic some industries in our Group will take ages to recover , which means limited job options 
and eventually loss of income , which will further increase our vulnerability. As commodities have 
always characterized our economies, we have noted the increase in services trade and the intangible 
valuation of assets . LDCs do not have any compan ies representing global behemoths . It has 
therefore been expected that we should diversify our economies, and technology provides an 
opportunity for many of our Members.  IP/C/M/100/Add.1  
 
- 72 - 
 
  467.  As it is known , graduation does not mean that all sectors of the economy have progressed . 
Therefore , this request will greatly reduce the burden on our Members  and even the development 
partners who time and again have to come to our rescue. Article  66.1 is helpful to ensure that no 
one is left behind. Since we submitted eight months ago , with a few weeks to go before it expires, 
the situation  is becoming eve n more precarious if we are to successful ly diversify our economies . 
The need to create a viable technology base is relevant  for us to also contribute to the global 
economy and to meet the Sustainable Development Goals (SDGs) . 
14.13   Mongolia  
468.  My delegation is of the view that the Council should take into account different angles of 
vulnerability of the LDCs and the current new and severe challenges before Members. The delegation 
of Mongolia, in the capacity of the landlocked developing co untries (LLDC) Group coordinator, wishes 
to highlight that the pandemic has hit landlocked countries even harder, impeding free movement 
of persons and goods, access to medical products, as well as the daily necessities, due to ongoing 
economic strain and disruptions in supply chains and transit traffic.  
469.  14 Members out of 32 landlocked developing countries are LDCs, making them the most 
vulnerable segment of the international trading community. Current health and economic crises have 
impeded the graduation  process of the 12 LDCs and many others' efforts into graduation. The 
LDC Group tabled their duly motivated request to extend the transition period long before the 
expiration date.  
470.  Mongolia, as an economy which transitioned in the early 1990s, knows that transition has 
never been easy and short for any country. Viable internati onal support plays an important role in 
progress towards self -sustained development. Considering multifaceted challenges and the special 
needs of the LDCs, Mongolia fully supports the extension of the transition period under Article 66.1 
of the TRIPS Agree ment for LDC Members based on the duly motivated request. This delegation calls 
on the Members of the Council to decide favourably before the deadline and provide them a 
self-sustaining policy formulation period.  
14.14   India  
471.  We thank t he LDC Group for their statement. India has consistently supported the LDC Group 's 
request for extension of the transition period under Article 66.1 of the TRIPS Agreement. It is evident 
that the LDCs need more time to address the extensive development and  technological challenges 
facing them, especially as the COVID -19 pandemic has disproportionately impacted their economies. 
We therefore support the extension of the transition period under Article 66.1 of the 
TRIPS  Agreement for LDC Members if the Member remains in the category of least developed 
country. We also support that a reasonable period be granted as a transition period for ensuring a 
smooth transition for graduating LDCs. We request Members to consider this proposal favourably 
and work towards an  expeditious outcome in this regard.  
14.15   Myanmar  
472.  Myanmar aligns itself with the statements made by Chad and Bangladesh on behalf of LDCs. 
History has shown that the extension of the transition period under TRIPS Article 66.1 has be en 
granted to LDCs due to our vulnerabilities and our economic, financial and administrative constraints. 
In considering the need for flexibility to create a sound and viable technological base for LDCs, the 
TRIPS Council and WTO Members have proven their strong political will and solidarity by agreeing 
to extensions two times.  
473.  COVID -19 and the related challenges caused the global economy to shrink by 3.5% the 
previous year, representing the deepest global recession since World War II. In this situation, al ready 
vulnerable economies with limited resources and weak institutional capacity are affected most and 
find it impossible to survive without any further assistance and helping hands. Therefore, Myanmar 
would like to reiterate its support for the LDC propo sal and commend the continuity of flexibilities 
granted to LDCs under TRIPS Agreement.  IP/C/M/100/Add.1  
 
- 73 - 
 
  14.16   Argentina  
474.  I would like to reiterate our statement of 4 June by saying that the Argentine Republic supports 
the proposal set out in documen t IP/C/W/668.  
475.  We understand that the request for an extension is particularly important in our current 
circumstances and that least developed countries have a special need to maintain some room for 
manoeuvre in order to adjust their intellectual property policies in a way that is most favourable to 
their development.  
14.17   Brazil  
476.  Brazil has been carefully following discussions on this agenda item. We want to express our 
overall openness to the proposal tabled by the LDC Group . We acknowledge the difficulties they face, 
and the extra challenges posed by the COVID -19 pandemic.  
477.  Building a solid IP regime takes time and may require intensive institutional capacity building. 
We are aware of the progress the LDCs have made on this front,  and we are confident they will 
continue to make it in the future. Besides having additional time to build their IP frameworks, we 
particularly support the idea that LDCs continue to enjoy enhanced flexibility in the IP regime for 
public health purposes. W e are confident that with your able guidance, Chair, we will be able to 
produce a consensual approach to this issue that very much takes into account the needs of the 
LDC Group . 
14.18   Mozambique  
478.  We commend you on the way you are g uiding our work towards advancing discussions on the 
request presented by Chad on behalf of the LDC Group, through which the Group is demanding the 
extension of the transition period under TRIPS Agreement Article 66.1, document IP/C/W/668. This 
statement i s aligned with the statements delivered by Bangladesh, Chad, and Tanzania, representing 
the LDC  Group , focal point and Africa n Group.  
479.  Since the COVID -19 pandemic emerged, the LDC countries are the ones that have been 
suffering mo st, tremendously hit in all  health, social and economic spheres. The LDC Group has long 
been expecting more transfer of technology to contribut e and help each government 's efforts 
towards increasing internal development in view of progress in social and economic development.  
480.  The duly motivated request submitted by LDCs eight months ago has been receiving huge 
support , not only from WTO Members, but from political leaders, eminent experts, academics, civil 
society organizations all around the globe, and other entities and organizations that see the proposal 
as fully justified.  
481.  This new submission was a subsequent one, as two had been submitted and positively 
considered in 2 005 and 2013, having shown that more time would be needed to allow LDCs to 
achieve substantial progress. This mean s that the length of the next extension should be longer so 
that it may sufficiently provide LDCs meaningful policy space to address the needs  and challenges 
they continuously face in their efforts towards achieving substantial progress to develop. The 
ongoing pandemic caused tremendous reversal o f our modest already registered economic progress 
and brought uncertainty as to how we are to recove r and cope with the new normal.  
482.  For these and other reasons , we are of the view that the length of extension of the duly 
submitted LDC proposal should tak e into account the new tough and hard circumstances.  We would 
like to reiterate the statement s made by Chad and Bangladesh, and urge Members to positively 
consider and support the LDC request so that they will be able to cope with the challenges most of 
them have already referred to, as well as other needs.  
483.  My delegation supports the proposal of th e LDC Group and invites Members to agree with and 
allow a further extension of the transition period under Article 66.1 of the TRIPS Agreement as 
requested by the LDC Group proposal . Thus, an extension under  TRIPS A rticle°66.1 for as long as a 
country rema ins in the LDC category and for a few more years after graduation.  IP/C/M/100/Add.1  
 
- 74 - 
 
  14.19   China  
484.  China reiterates our firm support for the LDC's  proposal to extend the transition period under 
Article 66.1 of the TRIPS Agreement for LDC Members, for as long as the Member remains in the 
category of least developed country and for a period of 12 years from the date of entry into force of 
a decision b y the UN General Assembly to exclude the Member from the least developed country 
category. The current transition period for LDCs will expire this July. China hopes that all Members 
will positively consider the LDC Group's proposal and reach consensus as s oon as possible.  
14.20   South Africa  
485.  Thank you, Chair, for the update on consultations that were held with Bangladesh for 
presenting the request by the LDC Group to extend the transitional period under Article 66.1 of the 
TRIPS  Agreement for LDC Members. We refer to our previous statements in this regard and wish to 
reiterate South Africa's support for the request by the LDC Group under Article 66.1 of the 
TRIPS  Agreement, for as long as they remain LDCs, and for an additional per iod of 12 years following 
their graduation from the LDC category, as determined by the United Nations. Article  66.1 recognizes 
LDCs' special needs and requirements, the economic, financial and administrative constraints faced 
by LDCs, and their need for fl exibility to create a sound and viable technological base. An estimated 
1.06 billion people live in the world's 47 LDCs and by 2030 over 15% of humanity will be living in 
them. Despite their large demographic weight, LDCs account for less than 1.5% of glob al GDP.  
486.  At this time of heightened uncertainty, LDCs need special development support more than 
ever. Therefore, based on the very well and duly formulated request, South Africa is fully in support 
of the LDC request for the extension of the Article 66.1 t ransitional period.  
14.21   Australia  
487.  Australia recognizes the challenges LDCs continue to face in reaching their development goals, 
and we recognize that these challenges have been exacerbated by COVID -19. Australia calls on all 
Members to support an outcome that responds to the unique position of LDC Members, while 
recognizing the role that intellectual property can play as a tool for supporting innovation, investment 
and development. Any outcome should also be legally consistent wi th Article 66.1 of the 
TRIPS  Agreement.  
488.  Australia supports an extension to the LDC transition period, and we encourage Members to 
take a pragmatic approach to advancing these discussions in a way that will give us the best possible 
chance of finding a mut ually agreed period for extending the transition period prior to the 1 July 
deadline.  
14.22   Norway  
489.  Norway supports the extension of the transition period for LDCs, and we are flexible regarding 
the duration of the extension. Given th e fact that the transition period expires in the near future, 
Norway believes that the Council should give priority to finding a consensus solution on this issue 
before the end of this month.  
490.  The question of accommodations for Members that have graduated from the LDC category 
may be discussed separately, as this issue does not have the same urgency, and in light of questions 
related to whether the TRIPS Council is the right body for considering such a request.  
14.23   United States of America  
491.  The United States supports an extension of the implementation period, using the 2013 decision 
model as a basis for the decision text.  Having a decision by the 1 July deadline is an important win 
for LDCs and the WTO. The development of effective laws and regulations for the protection of 
intellectual property plays a critical role in promoting development.  TRIPS Agreement 
implementation, which is the fundamental question we are discussing, furthers this development 
objecti ve. All that is needed is to reach agreement on a number as to the length of time to extend.  IP/C/M/100/Add.1  
 
- 75 - 
 
  492.  The United States does not support a post -graduation time period or standing agenda item on 
the issue. We do not find standing agenda items to be a useful approach  to discussing issues in WTO 
bodies. We have engaged in good faith with the proponents of this extension, as we have done every 
time this extension has come up in the past. We should avoid unnecessarily complicating the process 
by requesting an extension t hat is outside of the scope of TRIPS Article 66.1.   
493.  As the US has noted in prior meetings, the LDC proposal concerning plus 12 years after 
graduation does not fall within the scope of the TRIPS Council 's authority to provide extensions 
under TRIPS Article 66.1. Article 66.1 waives the implementation of the TRIPS Agreement specifically 
for "least-developed country Members ". Once a Member has graduated from LDC status, it is no 
longer a "least-developed country Member " and would therefore fall outside the sco pe of Article  66.1. 
The United States believes we should move forward to the next step in reaching agreement on the 
length of the TRIPS extension and set aside issues that are not needed to reach agreement under 
the current process.  
14.24   Canada  
494.  Canada recognizes the concerns expressed and the challenges faced by least developed 
Members, and reiterates its support for a further extension of the transition period under Article 66.1 
of the TRIPS Agreement for so long as a Member remains a least developed Member, or upon the 
expiry of a number of years to be mutually agreed, whichever occurrence would be earlier, this 
approach being in accordance with previous practice. Canada looks forward to Members reaching a 
mutually agreeable solution , compliant with the TRIPS Agreement and other WTO agreements, as 
applicable, before the expiry of the current transition period.  
14.25   Switzerland  
495.  You summarized the state of discussions in the Council succinctly, Chair, and we thank you for 
it. My delegation simply would like to confirm its full support for a further extension of the transitional 
period for LDCs. Switzerland is flexible on the lengt h of such a next extension. Its duration shall take 
into account the LDCs' needs for legal certainty. And provide a sufficiently long window of time so 
that they can put in place a TRIPS -compatible IP framework which responds to their specific needs 
and su pports them in their efforts to create a sound and viable technological base and integrate in 
the international trade community.  
496.  We understand that the part of the LDC request that extends beyond graduation raises a 
number of legal issues in relation to t he TRIPS and WTO Agreement to which an appropriate response 
needs to be found. We are committed and confident that with a pragmatic attitude, Members will 
now find rapidly a mutually agreeable solution in line with Article 66.1. We thank you, Chair, for 
facilitating finding such a decision now promptly, by way of continuing your consultations in the 
formats you consider useful.  
14.26   Japan  
497.  As we have stated several times at previous meetings, the delegation of Japan supports the 
extensi on of the transition period for LDC Members.  
498.  At the previous meeting held on 4 June, Members exchanged views and we had fruitful 
discussion. The delegation of Japan will continue to contribute constructively to the discussion on 
the conditions of the exten sion. As to the extension for a certain period after graduation from the 
LDC category, this topic is being discussed comprehensively, along with measures in other 
WTO agreements, in the General Council. Therefore, we firstly should deepen the discussion at  the 
General Council. We believe that intellectual property (IP) rights are an important instrument to 
support economic development, even for LDC Members. We hope this aspect will be taken into 
account in this discussion.  
14.27   European Union  
499.  Given the importance of flexibility, legal certainty and policy space for LDC needs, especially 
in the time of the pandemic, another extension of the transitional period for the implementation of IP/C/M/100/Add.1  
 
- 76 - 
 
  the TRIPS Agreement is fully justified. The refore, the EU fully supports the extension of the 
transitional period and is flexible as to the various solutions on the duration of the extension.  
500.  We should rapidly find an agreement on this matter, and the EU is committed to working with 
the LDC Group and other Members to achieve this agreement as a matter of urgency. In that context, 
we support a pragmatic manner to advance on the discussion, and would support the proposal to 
proceed with what is most urgent now, and where we have a high degree of conv ergence on the 
position of all Members: that is, the extension of the transitional period under Article 66.1 of the 
TRIPS Agreement.  
501.  As regards the second part of the LDC request, namely the request for an additional period of 
12 years exemption calculated  from the date an LDC Member graduates from the LDC category, the 
EU believes that such a request falls outside of the scope of Article 66.1 of the TRIPS Agreement.  
502.  We note that the request for a 12 -year additional exemption is also included in the 
communication12 on smooth transition in favour of countries graduating from the LDC category 
submitted by the Mission of Chad on behalf of the LDC Group on 17 November 2020 to the 
General  Council and is under discussion in the General Council.  
14.28   United King dom 
503.  The United Kingdom would like to thank delegations for their contributions to advance progress 
in reaching a consensus on an extension of the LDC transition period to implement the 
TRIPS  Agreement. However, these dis cussions have not brought the Members' positions closer 
together. As many have noted, the deadline to reach an agreement on an extension is rapidly 
approaching, so reaching consensus must be a priority for all Members. We therefore call upon 
Members to fur ther intensify discussions so that the TRIPS Council can agree on an extension as 
soon as possible. The UK stands ready to work with all Members over the coming days and weeks 
in order to achieve this goal.  
14.29   Turkey  
504.  As highlighted  on numerous occasions, we recognize the constraints faced by LDCs in 
implementing international obligations such as the TRIPS Agreement. Due to the negative effects of 
the pandemic, financial, economic and structural vulnerabilities have become even more evident and 
critical for LDCs.  
505.  We believe that the extension would create a viable technological base and enough policy 
space for LDCs to craft solid and sustainable IP protection systems. Turkey thus supports a further 
extension of the TRIPS transition pe riod under Article 66.1. We are only a few weeks away from the 
expiry date of the transition period. We call upon all Members to engage constructively and find a 
solution very soon.  
14.30   Togo  
506.  Chair, in view of your procedures for our m eeting, we simply ask you as a least developed 
country to add our support to the LDC Group request concerning the extension under Article  66.1. 
14.31   Chad on behalf of the LDC Group  
507.  On behalf of the LDC Group, I would like to thank all Members for their statements and their 
support. Several Members have stressed the relevance of the duly motivated and justified LDC 
request. Some Members consider that the part of the request regarding graduation should be 
discussed elsewhere, in the General Council, and should not be included in the current drafts. We 
have shown flexibility throughout our discussions with our partners.  
508.  We will continue in this spirit in order to bridge the gaps and find  areas of consensus. It is now 
the collective responsibility of the TRIPS Council to consider the extent to which the Council can 
approve a new extension for LDCs taking into account their present situation in view of the extremely 
 
12 WT/GC /W/807.  IP/C/M/100/Add.1  
 
- 77 - 
 
  difficult current contex t. We would like to have a genuine new extension, involving a reasonable and 
significant transition period for LDCs. We have duly noted Members' statements. We are going to 
discuss them internally within our group and get back to you very quickly in order to inform you of 
the situation.  
509.  In the meantime, and unless a consensus is found at our formal meeting, we, the LDC Group, 
ask you to temporarily suspend this item of our agenda until Members conclude their consultations. 
Thereafter, you may convene formal  meetings of the TRIPS Council as soon as possible before the 
expiry of the current transition when you consider it appropriate to finalize this issue. This is our 
suggestion, while reiterating our appreciation for your efforts and our commitment to findin g a 
mutually acceptable solution before the deadline, in other words before 1 July 2021.  
14.32   Bangladesh  
510.  The LDC Group sincerely appreciates all the delegations who have spoken in support of the 
submission. Our Group also welcome s those delegations who expressed their willingness to engage 
further on this issue.  We also thank them for their flexibilities on the length of the extension and the 
call for urgency , as the current extension will end soon.  
511.  If the Council cannot make a d ecision, may we request you, Chair, to temporarily suspend th is 
agenda  item until Members finish consultations and you may again convene this Council meeting. 
The LDC Group  is optimistic that under your able guidance and facilitation, the informal exchange s 
will soon be able to come to a positive decision on this issue. We also urge those Members who are 
still shy  to please pass to us a precise  suggestion  as to a specific length of time, so that we can 
mutually discuss  and settle this issue .  
512.  We repeat that the LDCs comprise less than 1% of world trade. Therefore, extending a long 
transition period to the LDCs as proposed will not impact the global community but would greatly 
benefit the LDCs. Once again, we express the  LDC Group 's readiness to engage with Members in 
positive spirit.  
Resumption of the Council for TRIPS on 29 June 2021  
14.33   Chad on behalf of the LDC Group  
513.  It is a pleasure to participa te in this afternoon's meeting. Today is an important day for our 
Group. I would like to thank all of our partners for this significant achievement. For almost nine 
months, the TRIPS Council has been discussing our request for an extension of the transitio n period 
that we submitted. Our request has received very broad support from the Members of this Council, 
for which we are grateful. Similarly, our well -reasoned request has also received significant support 
outside the WTO from legislators, non -government  organizations (NGOs), civil society and 
academics. We are grateful to them as well.  
514.  In good faith and with goodwill, we participated in the informal consultations you kindly 
organised to find a solution. We have engaged in direct talks with Members who ha ve expressed 
concern and have also worked in different settings and configurations. We have made significant 
concessions. This is the hallmark of any negotiation, especially one based on consensus. The nature 
of any negotiation is that nothing is agreed un til everything is agreed. The compromise that we have 
reached through the adoption of this decision is the result of many months of intense negotiations. 
It does not fully meet the ambition of our request; namely that the duration of this extension request  
should be until our countries cease to be LDCs, and then for a limited period of time following 
graduation.  
515.  However, I must say here that I appreciate the consensus we have reached today contained 
in document JOB/IP/46. It is therefore a compromise solut ion that we accept, on the understanding 
that Members have also assured us of their readiness to continue discussions in good faith on a 
post-LDC graduation transition period in the General Council.  
516.  Our group is grateful to all those who have contributed t o this outcome. We thank the Members 
of this Council who supported our cause and encouraged us to find a solution. We thank our partners 
for their commitment to finding a way forward. We thank you, Chair, for leading the many informal 
consultations and hel ping to move the process forward late into the night on 25 June 2021. We also IP/C/M/100/Add.1  
 
- 78 - 
 
  thank your predecessor, H.E. Ambassador Xolelwa MLUMBI -PETER, who facilitated the process 
before you took over. We also thank the Secretariat for the logistical support it provid ed during the 
process.  
517.  LDCs will therefore benefit from an extension of the transition period by thirteen years, until 
1 July 2034. The next few years will be difficult for all, but especially for LDCs. While health 
restrictions are beginning to be lifted in Geneva and Western Europe, many of us LDCs are still 
suffering the full impact of this pandemic. Without listing the LDCs where restrictions are still in 
place, or those that are in the process of tightening them to cope with the third wave, our first 
concern is still to save the lives of our people. We are also trying to contain the economic decline 
that has occurred.  
518.  Secondly, we need to make up for the valuable development gains made over the past 
decades, which have been lost over the past 18 months. In this regard, we sincerely hope that our 
partners will indeed implement enhanced support measures for LDCs, particul arly in the areas of 
trade and technology transfer, within the competence of this Council and as provided for in 
Articles  66.2 and 67 of the TRIPS Agreement.  
519.  As the situation of LDCs  improves and we are equipped to participate increasingly in global 
trade and the multilateral trading system, we will have more incentives, and capacity, to implement 
the provisions of the TRIPS Agreement.  
14.34   Bangladesh  
520.  My delegation aligns with the statement delivered by Chad on behalf of the LDCs. Bangladesh 
welcomes the draft decision contained in document JOB/IP/46 that proposes further extension of 
the TRIPS exemption under Article 66.1 for the LDCs  for the next 13 years.  
521.  The LDC Group submitted a duly motivated request (document IP/C/W/668) the previous year 
requesting an extension of the transition for the LDCs under TRIPS Article 66.1 proposing the 
extension be as long as a country remains an LDC , plus a few more years after graduation from the 
LDC category. According the TRIPS Agreement, there is no legal barrier to making such a request.  
522.  During the last eight months, we remained engaged with all stakeholders to get their support 
for our proposa l. As a result, we did get support from a large number of WTO Members. In addition, 
lawmakers, civil society organizations (CSOs), intellectuals and academia all around the globe 
supported the LDC Group's request as fully justified. The LDC Group is gratef ul to all delegations. 
Although, some Members had different views on our two issues in the submission: full time extension 
and additional years for the LDCs after graduation. Those Members also preferred to follow the 2013 
decision text.  
523.  The delegation of  Bangladesh appreciates you, Chair, for facilitating informal meetings with 
Members. My delegation also recognizes the flexibilities shown by the LDCs and other Members in 
the negotiation to help the TRIPS Council make a decision before the current expiry date. We are 
happy to finally have a consensus -based decision. The LDC Group is committed to working with its 
partners.  
524.  The shock created by the pandemic to the LDCs is severe and the impacts are yet to be 
measured fully. Almost all recent reports, analyt ical studies and academic papers warn that the crisis 
will reverse years of painstaking progress by the LDCs in social fields such as poverty reduction, 
nutrition and education. Overall, the future is an uncertain journey for the LDCs, including those on 
the path to graduation. Under these circumstances, the LDCs will be struggling to preserve any 
progress made in social and economic sectors. Therefore, making progress on the TRIPS provisions 
by the LDCs will be a far cry. The LDCs request the developed cou ntry Members' fullest support, 
including reinvigorated efforts to ensure technology transfer to the LDCs under Article 66.2 to make 
this extension impactful.  
525.  Graduation from LDC status has taken on new momentum. Currently 16 LDCs have now met 
graduation c riteria. In addition, ten other countries have already met at least one criterion for 
graduation and many of them are expected to be eligible in the next United Nations Committee for 
Development Policy review in 2024. On the other hand, to -date five countr ies graduated from the IP/C/M/100/Add.1  
 
- 79 - 
 
  LDC category after the establishment of the WTO since 1995. It is evident that these countries could 
not sufficiently address their TRIPS application -related needs and challenges immediately before or 
after their graduation. They cou ld not create any viable technological base. It means that the 
remaining LDC Members must need the continuation of this policy space under Article 66.1 for an 
appropriate period if we want their meaningful integration into the international trading system,  
particularly in the context of TRIPS.  
526.  My delegation earlier emphasised that any issue related to TRIPS must be first discussed in 
the TRIPS Council and the TRIPS Council would either take a decision or make a recommendation to 
the General Council. The sp ecific aspect of the LDC Group's duly motivated request on the transition 
period regarding the application of TRIPS provisions for the LDCs after graduation merits discussion 
in the TRIPS Council. However, some Members still prefer that this issue should b e sent to the 
General Council. My delegation requests the TRIPS Council to make a strong recommendation to the 
General Council to positively and favourably consider granting the LDCs a transition period for a 
reasonable duration, exempting from implementin g TRIPS provisions as a country graduates from 
its LDC status, to ensure a smooth transition. In conclusion, my delegation thanks all Members for 
their empathy and support for the LDCs in making this decision that we are adopting in the present 
discussion.  
14.35   United Kingdom  
527.  The United Kingdom would like to thank delegations once again for their contributions to 
advance progress in reaching a consensus on an extension of the LDC transition period to im plement 
the TRIPS Agreement. We would like to thank you, Chair, for sharing the revised proposal following 
negotiations throughout past weeks. The UK supports this solution which we believe adequately 
meets the needs of LDCs without losing the momentum of TRIPS implementation and the many 
successes that have already been achieved thus far. We thank least developed countr y Members  
and other WTO Members for their sustained cooperation throughout this process to reach an 
agreement. We stand ready to assist lea st developed country Members  to continue implementing 
the TRIPS  Agreement , and by that building a balanced domestic IP framework that supports 
economic, social and cultural development.  
14.36   Nepal  
528.  I wish to ass ociate with the statement delivered by Chad on behalf of the LDC Group  and would 
like to add a few points . My delegation would like to extend sincere appreciation to you, Chair, for 
your continuous efforts and contribution. I also wish to thank the former Chair of the TRIPS Council, 
H.E. Ambassador  Xolelwa MLUMBI -PETER  for her contribution. Nepal welcomes the d ecision, and 
sincerely appreciates all Members of the WTO for their entire support in adopting this decision at 
this meeting by consensus.   
529.  The decision has well -recognized the special needs and requirements of the LDCs. It will 
provide us needful policy s pace to overcome the difficulties that we are facing. My delegation also 
wishes to thank Chad, the LDC Group  coordinat or, and Bangladesh, focal point on TRIPS , for their 
continuous efforts and contribution. I commend all Members who supported this proposal  fully by 
expressing their views in favour of the proposal while discussing it at various meetings. I also thank 
all Members who ha ve raised concerns on our proposal and finally showed sufficient flexibility and 
expressed their willingness to agree at this level, although the consensus is below our expectation s.  
530.  My delegation also appreciates all views expressed in favour of our proposal outside the WTO 
system. Th e draft decision may not be up to our expectation as submitted , but it has progressed to 
a higher level from the earlier one. Therefore, this is a good beginning in the context of MC12 through 
which we expect many more positive outcomes in favour of the LDC s, including the graduating ones. 
We were of the view that the draft decision should also incorporate some reference to the graduating 
LDCs as stated in our submission. However, my delegation believes that this matter will be 
recommended to the General Cou ncil, which will be a good reference for us to relate this matter to 
the graduation related agenda at the General Council.  
531.  Nepal is fully committed to a rules-based, predictable and just multilateral trading system, and 
effective implementation of WTO law s in a timely manner. However, implementation of the 
TRIPS  Agreement is not so easy for the LDCs . Therefore, the Agreement has envisioned longer IP/C/M/100/Add.1  
 
- 80 - 
 
  transition period s and mutual responsibilities where the developed country Members are expected 
to extend techn ology transfer as per Article 66.2 of the TRIPS Agreement with a view to building a 
sound technological base in LDCs. This indicates that the developed country Members have also a 
significant role to play in this regard. Furthermore, while discussing the need for such a transition 
period for graduating LDCs, we believe that graduation itself does not ensure a sound technological 
base in the LDCs.  
532.  Graduation presents additional challenges to them in trade and development. Graduated 
countries have a great ri sk of falling back into the LDC category if their progress is not sustained. 
Therefore, all the LDC-specific flexibilities need to continu e to apply after graduation, and be phased 
out progressively in line  with the globally accepted principle of "smooth transition ". This extension 
would not restrict any LDC , including graduated one s, from undertak ing an early implementation of 
the provisions of this Agreement as and when appropriate and possible.   
533.  Finally, enriched technology transfer under  TRIPS  Article 66.2 and other support measures , as 
reflected in Article 67 of the Agreement , would contribute to enabling LDCs to effectively implement 
the TRIPS Agreement in a timely manner.  
14.37   Tanzania on behalf of the African Group  
534.  Let me join others who have spoken before me to commend you, Chair, for the good efforts 
and commitments you have demonstrated  in the whole process to -date. The African Group would 
also like to restate i ts appreciation to your predecessor, H.E. Ambassador  Xolelwa M LUMBI -PETER. 
The process began during  her tenure.  It would be remiss of us to not also appreciate the flexibilities 
demonstrated by the entire membership in the process  that has taken us to the decision we have 
just made.  
535.   The African Group would like to restate its support for the just-extended  LDC TRIPS waiver. 
We have  alluded in the previ ous meetings that the TRIPS waiver for LDCs poses a great interest to 
the Group due to the fact that two -thirds of LDCs are from the Africa n continent.  
536.  The current situation and economic challenges facing LDCs are enough to justify the extension 
of the wa iver without delay , as it has just been decided . LDCs represent the most vulnerable category 
of the WTO members hip and the globe, accounting for 14% of the world 's population , but with t heir 
economies account ing for just 1.3% of the world total. Many researchers and scholars have 
confirmed that LDCs lack basic prerequisites to benefit from the WTO TRIPS Agreement, such as 
skilled labour, productive capacities and necessary quality infrastructures.  
537.  The COVID -19 pandem ic has effected the development of LDCs manifold. The UNCTAD LDC 
report of 2020 ascertains that LDCs are experiencing the worst economic performance in 30 years, 
with extreme poverty set to rise to 35%.  
538.  Considering the predictions and the current situatio n, the African Group was in favour of an 
extension of the TRIPS waiver until graduation, since shorter periods have proven not to be 
supportive in building the envisioned industrial technological base in LDCs. Nevertheless, we want 
to welcome the consensua l text containing the  13 years extension, although it does  not reflect the 
reality and development needs of LDC s.  
539.  In the future, it is advisable to undertake a thorough assessment of the usefulness of the 
periods being extended in relation to meaningful technology transfer and investment. While the 
Group joins the consensual text on extension, we want to use this opportunit y to urge the Council 
to ensure implementation of Article  66.2 of the TRIPS Agreement is effectively done.  Articles  66.1 
and 66.2 are inseparable  provisions that should be adhered to altogether .  
540.  The African Group  fully supports the implementation challenges of graduating LDCs, a 
provision which was embedded in the LDC Group 's submission. We had preferred that provision to 
be addressed in conjunction with the extension period in the same decision . However, for the sake 
of consensus we have heard those Members  asking to refer it to the General Council , to be addressed 
with the general transition period request that has been submitted  by the LDC Group . We would like 
to see that call being reflected well in the Council  report to the General Council.  IP/C/M/100/Add.1  
 
- 81 - 
 
  541.  We would like to thank other Members and the Secretariat team for their commitments , for 
being flexible , and for working with the LDC Group and the entire membership to extend this just 
adopted waiver.  
14.38   Afghanistan  
542.  We would like to associate ourselves with the statement made by Chad. Meanwhile, I and my 
delegation would like to express our gratitude to you Chair, to the LDC Group  coordinator, and the 
Bangladesh del egation as the LDC 's focal point on the matter for tireless efforts put . I would also 
like to thank all Members  for their engagement with good faith, their support, and flexibility 
regarding the LDC Group 's submission on the extension of the TRIPS transiti on period under 
Article 66.1. Despite alterations made to the initial proposal of the LDC Group  due to considerations 
by some Members , we are glad to see the adoption of this particular exemption period. We believe 
that this will provide LDCs with the oppo rtunity to take the required measures for the implementation 
of the TRIPS Agreement, especially in the context of the challenges posed by the pandemic.  
543.  Finally, in continuation of all Member 's good faith and understanding of the restrictions faced 
by the LDCs, we would like to urge all Members  to consider  recommending the LDC 's request to 
grant a transition period after graduation to the General Council . 
14.39   Malawi  
544.  We would like to thank  our Group coordinator, Bangladesh , and other Members of our 
constituency who have spoken before me . This proposal is very important and very vital for the 
survival of our Member s. We also appreciate all the efforts from you and your predecessor and the 
Secretariat  to achieve this milestone. For so long there has been talk of value addition  and  
diversification of our products and services. However, this continues to be a challenge to  our Group, 
as the desert remains on the margins of development.  
545.  As noted, with the r ecent pandemic , it has been reported that  the ultra -high net worth 
individuals, usually defined as those having invest ed in assets of more than USD 30 million , grew by 
more than 24% worldwide in 2020, the fa stest rate of increase since 2003, due to pandemic -induced 
demand and social distancing accelerating digital businesses.   
546.  In LDCs , the same social distanc ing is difficult to implement, and disruption to a normal way 
of life has led to further erosion in th e little capital accumulated before the pandemic. Infrastructure 
challenges that were already there have increased , thereby increasing the  burden on the already 
weak structures to develop a technological base that can feed the new demand by global citizens. 
We have noted that while graduates from our grouping are now competing in the global economy , 
they cannot produce and trade competitivel y in technological products. Our delegation therefore 
appreciates this outcome and commends all partners and hopes that the support will be implemented 
easily so that our plight should be as history in the global economy as LDCs.  
547.  Therefore , this extension is very important for our Group, as we are already in industry 5.0 . 
Even though  4.0 has already passed , most of our Members  have not benefited . We thank you, Chair, 
and all of our partners.  
14.40   United States of America  
548.  The United States is pleased that Members were able to work together constructively to reach 
consensus on this important outcome for the LDC Members. We would like to note our appreciation 
for the work carried out by the Chair and the delegations of Chad and Bangladesh who led this effort 
for the LDC Group  and were instrumental in bringing our discussions to closure. Successful outcomes 
are too uncommon in the WTO, and we are pleased to join co nsensus today to adopt the multilateral 
outcome.  
14.41   Japan  
549.  First of all, Japan would like to express its appreciation for the outstanding guidance and 
leadership provided by the Chair , Ambassador H.E. Mr. Dag finn Sørli , and your predecessor , IP/C/M/100/Add.1  
 
- 82 - 
 
  H.E. Ambassador  Xolelwa M LUMBI -PETER . Japan supports the decision on the extension of the 
transition period for the LDC Members.  
550.  This delegation believes that IP rights are conducive to promoting economic development, 
since the pro motion  of IP rights makes it possible for more investments to be made in research and 
development activities, which lead to promoting innovation.  From this perspective, Japan hopes that 
the extended transition period helps the LDC Members  to improve their level of technological 
development, and also encourages the LDC Members  to work toward the implementation of the 
TRIPS Agreement.  
14.42   Switzerland  
551.  Switzerland welcomes and supports the d ecision regarding a further extension of the 
transitional period for LDCs, which is in line with Article  66.1 of the TRIPS Agreement. We would like 
to thank you, Chair, for your excellent leadership through the consultation process, and likewise we 
would l ike to thank the Secretariat for its valuable assistance, which helped in facilitating a consensus 
amongst Members. This prolongation of 13 years will provide LDCs more time to put in place a 
TRIPS -compatible IP framework, which responds to their specific needs. We encourage LDCs to 
continue their efforts to create a sound and viable technological base conducive to sustainable 
development and to pursue their integration in the global trade community.  
14.43   Togo  
552.  First of all, I would like to commend you once again on the manner in which you have led our 
work to its successful conclusion. Paragraph 2 of the preamble to the Marrakech Agreement 
Establishing the World Trade Organization recognizes the need for a positiv e effort to ensure that 
developing countries, and especially the least developed among them, secure a share in the growth 
in international trade commensurate with the needs of their economic development.  
553.  However, LDCs, despite their multiple efforts, are s till confronted with serious difficulties of all 
kinds which impede their progress towards development. Furthermore, several studies conducted 
by international organizations have revealed that the COVID -19 pandemic has had more devastating 
effects on the e conomies of LDCs due to the various constraints that they face.  
554.  It is, therefore , to take account of these multiple constraints , that flexibilities, such as those 
provided for in Article 66.1 of the TRIPS Agreement, have been envisaged, in order to enable our 
countries to develop viable technology bases which will make it possible to reap the full benefits of 
the application of the Agreement. The consensus that we have reached clearly demonstrates that, 
at the WTO, if the will exists, we are able to achieve  mutually beneficial outcomes for all. This result 
further reinforces the relevance of an organization such as the WTO, in the pursuit of the well-being  
of populations.  
555.  Before I conclude, allow me to thank all the Members that have demonstrated flexibility by 
accepting, through this extension, to assist LDCs in their efforts to graduate from their current 
status, with a view to reaching a level of development that enables  their populations to live decently.  
14.44   Canada  
556.  Canada welcomes the TRIPS Council 's agreement on a way forward on this important matter, 
and reiterates its support for the further extension of the transition period under Article 66.1 of the 
TRIPS Agreement.  
557.  As set out in Article 66.1, Canada takes note of the special needs and requirem ents of 
LDC Members, their economic, financial, and administrative constraints, and their need for flexibility 
to create a viable technological base, and the need for an extension of the LDC transition period in 
this regard.  
558.  Canada  encourage s LDC Members t o avail of this extension to progressively develop a balanced 
IP framework that meets the multilateral standards established under TRIPS, including by making 
use of the TRIPS Agreement 's flexibilities.  IP/C/M/100/Add.1  
 
- 83 - 
 
  559.  Canada also encourage s such Members to leverage the te chnical assistance opportunities 
provided by the WTO and other international organizations, as appropriate, in order to promote 
enhanced integration in the international rules -based trading system and to support economic and 
social development in accordanc e with local priorities.  
560.  Canada looks forward to further engagement with LDC Members on related topics in this 
Council, including through our implementation and reporting on incentives to promote and 
encourage technology transfer to LDCs under TRIPS Articl e 66.2, as well as the annual workshop 
convened by the WTO Secretariat on this matter.  
561.  Canada would also like to acknowledge the ability of the TRIPS Council to constructively find 
consensus -based solutions to important issues such as this one, and looks f orward to similar 
engagement on other issues under consideration in this Council.  
14.45   China  
562.  China attaches great importance to the LDCs ' concerns. Recognizing the economic, financial 
and administrative constra ints and deficiencies the LDCs face in implementing the TRIPS Agreement, 
especially the severe impacts and challenges that the COVID -19 pandemic has brought to 
LDC Members , China supports the decision that a LDC Member shall not apply the relevant provisio ns 
of TRIPS Agreement until 1 July 2034.  
563.  As regard to the extension of the transition period for a graduated LDC  Member , China supports 
the request from LDC Members  for submitting it to  the General Council  for further discussion. China 
believes that in the General Council 's discussion on document WT/GC/807, the holistic support 
measures for the smooth transition of LDC s, including the application of the transition period for 
TRIPS , should be discussed in a comprehensive and constructive manner.  
14.46   Mauritius  
564.  Mauritius would like to join other Members in commending you for your cha irman ship and a 
positive outcome for the LDC  TRIPS waiver. We appreciate all the consensual  efforts from Members 
put in this respect , with assistance from the WTO Secretariat . Mauritius, as coordinator of t he African 
Group , has always supported an extension of  the LDC TRIPS  waiver until graduation. This shall assist 
LDCs by providing flexibility and policy space for their sustainable development , including technology 
transfer. In this respect we welcome the consensual text with the 13 years extension . Mauritius and 
the African Group join the consensu al text on extension and we continue to request the Council to 
ensure  the implementation of Article 66.2 of the TRIPS Agreement.  
14.47   European Union  
565.  Chair, I would like to first of all thank you  for the great and unwavering efforts  you showed on 
Friday and throughout the negotiating process.  The same  goes also to the Secretariat , and in 
particular to Wolf for his engagement  over the last couple of months and week s, so that we were 
able to agree t o a solution that is acceptable to everybody . My personal  thanks to Deva and Talha 
of the LDC Group , who showed the necessary flexibility so  that an outcome could ultimately be 
reached.  
566.  Given the importance of flexibility, legal certainty and policy space for LDC needs, especially 
in the time of the pandemic, we agree that another extension of the transitional period for the 
implementation of the TRIPS Agreement is fully justified , and the agreed duration constitutes a 
reasonable compromise in that regard. Some LDC Members have already taken steps towards 
implementation of the TRIPS Agreement. We do hope that these and all other LDC Members will 
make use of this long transitional period to implement a reasonable IP framework so as to speed up 
the process of gradually integrating LDC Members, as Members  of the multilateral trading system, 
in the international IP system on the basis of the minimum requirements provided in the 
TRIPS  Agreement. Indeed, IP is , in our view,  a catalyst and enabler of innovation and sustainable 
development . It also helps attract technology transfer and foreign investment.  
567.  As regards the second part of the LDC request, namely the request for an additional period of 
12 years exemption calculated from the date an LDC Member graduates from the LDC category, the IP/C/M/100/Add.1  
 
- 84 - 
 
  European Union believes , and we have said it on many occasions  before,  that such a request falls 
outside of the scope of Article 66 .1 of the TRIPS Agreement. We ver y much welcome the decision of 
the LDC Group  to discuss this issue in a general and overarching manner in the General Council  on 
the basis of the communication on smooth transition in favour of countries graduating from the LDC 
category submitted by the mi ssion of Chad on behalf of the LDC Group on 17 November 2020 to the 
General  Council, which is now under discussion in the General Council . This is where, in our view, 
this discussion belongs . 
14.48   Korea, Republic of  
568.  Korea welcomes and supports the decision on the extension of the transition period for 
LDC Members . Korea also would like to  thank the Chair for the excellent leadership demonstrated 
throughout th is consultation  process . Korea recognizes that  COVID -19 has had devastating impacts 
on LDC s, which are already in socially and economically vulnerable situations. Korea is of the view 
that the flexibility the WTO Members showed today  will contribute to create a viable technological 
base for LDC Members  which will be needed to implement the TRIPS Agreement  when the time 
comes .  
14.49   India  
569.  Let me begin by thanking and congratulating you and all the Members  for their tireless efforts 
in order to reach this decision. India has unequivocally supported this request by the LDC Group. 
We welcome the draft decision for the extension of the transiti on period under Article 66.1 of the 
TRIPS  Agreement. It is important to highlight that the LDCs have been the worst hit by the pandemic 
and it has disproportionately impacted their economies . Therefore , they need more time to address 
the extensive developm ent, technological and health challenges facing them.  India reiterates its 
support for a reasonable period to be granted as a transition period for ensuring a smooth transition 
for graduating LDCs. In this regard,  we urge Members to engage constructively a nd consider this 
proposal favourably for an expeditious outcome.  
14.50   Myanmar  
570.  Myanmar aligns itself with the statement s made by Chad on behalf of LDCs  and Bangladesh 
as the focal point. Myanmar welcomes the draft decision of the TRIPS Council (JOB/IP/46) granting 
LDCs an extension period under Article 66.1 until 1 July 2034.  
571.  Myanmar appreciates Members ' flexibility in recognizing LDCs ' specific needs wi th pragmatism 
and would like to congratulate the Chair, facilitating Members, LDCs and other Members who 
contributed to this outcome. COVID -19 and its devastating consequences have caused continued 
short-term and long -term capacity constraints not only for LDCs but also for graduating LDCs 
develop ing a viable technological base. In this regard, we are delighted to note the Council 's 
recognition of the possibility of granting additional flexibility for graduated LDCs as requested in 
document IP/C/W/668.  
572.  Therefore, in accordance with U nited Nations  General Assembly resolutions 59/209 of 
20 December 2004 and 67/221 of 21 December 2012, my delegation would like to request the 
Council to consider and make strong recommendations to the General Council for granting  an 
exemption of a reasonable duration to graduating LDCs for a smooth transition in integrating into 
global trade.  
14.51   Mozambique  
573.  We welcome and thank you and the WTO Secretariat for having organized this meeting , it 
being  one more opportunity to continue discussions on this so important issue to our countries. Our 
intervention is aligned to the ones presented by Chad and Bangladesh, as well as by Tanzania, as 
coordinator of LDCs, focal point , and the African Group.   
574.  The delegation of Mozambique welcomes the draft decision in J OB/IP/46 . We would also like 
to thank all those who positively engaged with LDCs , aiming at finding a positive landing zone, and 
thus contribut ed towards safeguarding th e fulfilment of the period before the deadline. We thank IP/C/M/100/Add.1  
 
- 85 - 
 
  them all for this progress. We fully recognize the flexibilities shown in the negotiation to help the 
TRIPS Council make a decision before the current expiry date.   
575.  My delegation is of the idea and fully supports that TRIPS provision related implementation 
challenges of LDCs after graduation, an integral part of the LDC Group 's submission, be addressed 
in this Council . However, should  Members  still prefer that this asp ect be sent to the General Council , 
while preparing to participate at the General Council, we continue to appeal for putting  into practice 
the desire to "leave no one behind ". Approval of the remaining request is of the utmost importance 
to us, and we than k WTO Members in advance for the expected flexibility.   
576.  We would like to conclude  without  reiterating the request put forth by the coordinator and the 
previous speaker s, who favour the TRIPS Council mak ing a strong recommendation to the 
General  Council to positively consider granting the LDCs a transition period for a reasonable 
duration , exempting implementing the TRIPS Agreement as a country graduates from its LDC status 
to ensure a smooth transition. We reiterate our gratitude to you Chair, as well as to all 
WTO Members, and stress our  extensive gratitude to the Ambassador of  South Africa , 
H.E. Ambassador Xolelwa M lumbi -Peter, former Chair of th e TRIPS Council.  
14.52   South Africa  
577.  Thank you, Chair, for your tireless efforts in helping us to reach this consensus. South  Africa 
maintains its support for the LDC extension. Article 66.1 of the TRIPS Agreement recogni zes the 
special needs and requirements of LDCs. It states that , "The Council for TRIPS shall, upon duly 
motivated request by a least -developed country Member, accord extensions of this period. " The text 
is obligatory – in other words,  once requested by LDCs , the TRIPS Council shall grant the request.  
578.  This delegation has been in support of the LDC proposal , as entailed in IP/C/W/668 , based on 
the vast challenges facing LDCs, recognition that their developmental challenges continue 
post-graduation, the need f or predictability and the need for an outcome that truly promotes 
development. An extension period beyond graduation is not an unusual mechanism and many 
examples exist in various contexts. For example, t he UN Report of 202113 dealing with the impact 
of CO VID-19 on LDCs reveals that , "the European Union currently continues to grant duty -free 
quota -free market access for three years after graduation, while countries such as Australia and 
Canada often provide even longer periods. " 
579.  Technology acquisition and a bsorption is a critical feature of industrialization and economic 
development. Hence, a key objective of the transition period is to allow LDCs space to develop a 
viable technological base. This is supported by Article 15(1)(b) of the International Convent ion on 
Economic, Social and Cultural Rights (ICESCR) which unequivocally provides that the right to the 
benefits of scientific progress and its applications must be enjoyed by all without discrimination.  
580.  Document IP/C/W/668 submitted by Chad on behalf of LDCs aptly observes that the high 
degree of vulnerability from which the LDCs suffer, both to economic and climate shocks, has caused 
significant setbacks to progress towards sustainable development and the a ttainment  of the 
Sustainable Development Goals (SDGs) . In addition to pre -existing challenges, LDCs have been 
severely impacted by the COVID -19 pandemic. The pandemic is expected to slow down or even 
reverse some of the gains made in the realization of the SDGs, as indicated in the Sustainable 
Developme nt Goals Report 2020. According to a UN Study , "The COVID -19 pandemic not only 
threatens to throw LDCs back many years in achieving SDGs on poverty, hunger, health and 
education, but it also exacerbates inequalities, further jeopardizing the achievement of  SDG5 on 
gender equality and women 's empowerment, as well as SDG10 on reducing inequalities. "  
581.  As a result, the efforts of LDCs  at building a viable technological base and reaching a level of 
development that would allow them to fully benefit from the IP system as envisaged in Article 7 of 
the TRIPS Agreement have been curtailed. Article 66.1 of the TRIPS Agreement enjoins this fo rum 
to extend the LDC waiver upon duly motivated request by an LDC Member. In our view, document 
IP/C/W/668 clearly constitutes such a duly motivated request. In addition, the LDC Group  has shown 
 
13 See the UN Committee for Development 'Comprehensive Study on the Impact of COVID -19 on the 
LDC Category' (April 2021), pp. 21 et seq. 
https://www.un.org/development/desa/dpad/wpcontent/uploads/sites/45/publication/CDP_Comprehensive_Stu
dy_2021 -1.pdf IP/C/M/100/Add.1  
 
- 86 - 
 
  a great degree of flexibility in revising the duration of th e proposed extension to 1 July 2034 as 
indicated in document JOB/IP/46.  
582.  Aside from the TRIPS Agreement placing a positive obligation on this forum to extend the 
waiver in the current circumstances, South Africa is of the view that it is plainly the right thing to 
do. If we cannot deliver concrete outcomes that work in the interests of LDCs, it will undermine the 
credibility of this institution. The COVID -19 pandemic calls for a developmental approach to issues, 
especially those impacting the most vulnerabl e Members. We therefore support the current transition 
period extension and request and call upon all Members to engage constructively on the issue of 
LDC graduation within the context of the General Council.  
14.53   Australia  
583.  Thank you , Chair, for convening this meeting and for your stewardship on this issue. Australia 
also thanks the LDC Group and those delegations that participated most intensively in the 
negotiations on this issue , for the considerable flex ibility they have shown in agreeing to this 
compromise outcome.  
584.  Australia is conscious of the unique challenges facing LDCs, which, in many cases, have been 
exacerbated by the pandemic.  It is for this reason that we are supportive of an extension to the LD C 
transition period and are pleased that Members have managed to secure this agreement just in the 
nick of time ahead of the deadline. We also look forward to continuing discussions on the proposal 
regarding flexibility for graduating LDCs.  
14.54   Central African  Republic  
585.  I am speaking on behalf of His Excellency, Leopold Ismaël Samba, Ambassador of the 
Central  African Republic, to congratulate you on the management of this process, which has resulted 
in the decision to extend the LDC waiver. This decision demonstrates the specific attention afforded 
by WTO Members to the challenges faced by LDCs regarding the im plementation of TRIPS.  
586.  The Central African Republic endorses the statements delivered by the African Group and the 
LDC Group. It wishes to thank all the countries that contributed to the development and adoption of 
this decision, which comes just hours bef ore the expiry of the current waiver. The 
Central  African  Republic expresses the hope that a suitable framework will be found to provide 
graduating LDCs with the opportunity to mitigate the impact of their graduation.  
14.55   Egypt  
587.  Egypt aligns itself with the statement delivered by  the delegation of Tanzania on behalf of the 
African Group . We welcome the extension of the transition period for the LDCs under Article 66.1  of 
the TRIPS Agreement and we join other s in thanking you, Chair, for your able leadership  of this 
process to a good outcome . 
14.56   Pakistan  
588.  Pakistan supports the decision to gran t the LDCs a  reasonable  extension of the transition 
period under  Article 66.1 of the TRIPS Agreement. We believe that the LDCs , given their specific 
challenges , require this policy space to better integrate themselves into the system  and to counter 
the current and future difficulties arising from the pandemic  and its a ftermath . We thank you , Chair, 
for your work and appreciate the collective efforts of the membership to expedite the adoption of 
this position.  
14.57   Chad on behalf of the LDC Group  
589.  I simply wanted to reassure all Members who have made statements. Following your 
announcement of the adoption, we would like to reassure them with regard to our engagement, 
commitment and flexibility, and with regard to the fact that we are fully ready to continue to discuss 
with you and with all Members. We would like to thank developed country Members, developing 
countries and the countries in our Group. Together, I believe that the outcome that we have achieved IP/C/M/100/Add.1  
 
- 87 - 
 
  this afternoon is the fruit of our collecti ve work. And I would like to hope that th is sentiment can be 
carried forward in the other negotiations that await us among our family here at the WTO.  
15  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
15.1  WTO Secretariat  
590.  As in previous occasions and for Members ' information, the Secretariat will provide a brief 
update of the issues related to intellectual property policy that have come up in the most recent 
Trade Policy Reviews.  
591.  Since the previous TRIPS Council Meeting in March, the following five Trade Policy Reviews 
have taken place: Mongolia; Qatar; Tonga; Viet Nam; and the Kyrgyz Republic. During these 
reviews, delegations engaged in the discussions and sought further details on:  
• The impleme ntation of the TRIPS Agreement;  
• Institutional arrangements for the administration and enforcement of intellectual property;  
• Copyright and related -rights regimes;  
• Trademark regime s; 
• Protection of geographical indications;  
• Patent regime s; 
• Protection of new p lant varieties;  
• Enforcement, online and at the border;  
• International cooperation;  
• Programmes to raise awareness on the importance of the protection of intellectual property;  
• Bilateral cooperation agreements between intellectual property offices;  
• Measures t aken in response to the COVID -19 pandemic; and  
• Accession to , and implementation of , WIPO instruments.  
592.  The Secretariat has also contributed to the mid -year G20 and WTO -wide Director -General 's 
Monitoring Reports that are to be circulated in the coming weeks. Continuing with the current 
practice, the mid -year monitoring reports also include a sub -section on the specific IP -related 
measures to facilitate the development and dissemination of COVI D-19-related health technologies, 
as well as measures aimed at relaxing procedural requirements and extending deadlines for 
administrative matters. The table containing these measures is regularly updated and available on 
the WTO website, as indicated unde r agenda item 3.  
16  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL ORGANIZATIONS  
593.  No statements were made under this agenda item.  
17  OTHER BUSINESS  
594.  No statements were made under this agenda item.  
 
__________