RESTRICTED  
  
JOB/IP/41  
 
5 November 2020  
(20-7891) Page: 1/36 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
 
ADVANCE MINUTES OF AGENDA ITEM 15  
OF THE MEETING HELD IN THE CENTRE WILLIAM RAPPARD ON 15 -16 OCTOBER 2020  
As Members will recall, a genda item 15 was suspended at the Council's meeting held on 
15-16 October 2020. In order to facilitate the continuing consideration of this agenda item by 
Members and preparations for resuming the meeting  on this item , the present document contains 
an advance copy of the statements made under this agenda item. The final version will be included 
in the record of that meeting which will be circulated in documents IP/C/M/96 and Add.1.  
 
_______________  
 
AGENDA ITEM 15: PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS 
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TRE ATMENT OF COVID -19 
15.1  South Africa  
1.  I have the honour  to introduce this proposal on behalf of the delegations of Eswatini, India, Kenya 
and South Africa.  
2.  The COVID -19 pandemic is a clarion call for us to answer to the better angels of our nature. 
High-minded language on solidarity and global public goods,  however, has not been matched by 
tangible steps to share know -how and intellectual property rights to facilitate deep technology 
transfer in the COVID -19 response. Business as usual approaches will not bring back the countless 
lives that were lost, neither will it ensure that IP barriers to the prevention, containment and 
treatment of COVID -19 will be addressed effectively.  
3.  We have seen this before. At the height of the HIV crisis, prices set for ARVs to treat HIV were 
simply too high and out of reach for many developing countries. As death rates due to aids plunged 
in rich countries, infected people across the developing wor ld were left to die . 
4.  Our leaders vowed that is would never happen again, the Doha Declaration on TRIPS and Public 
Health reaffirmed flexibilities to accommodate access to medicines. Even in light of this political 
undertaking and its translation into the Paragraph 6 System , prices of many life -saving diagnostics, 
therapeutics, vaccines and other medical products remain out of reach of most governments and its 
people.  
5.  In 2004 the highly pathogenic avian influenza H5N1 re -emerged, developed countries had prio rity 
access, while affected developing countries did not. Within five years another pandemic flu (H1N1) 
emerged and once again rich countries placed large pre -orders of a vaccine buying almost all doses 
that could possibly be produced . Many countries promi sed to donate vaccines, most of them reneged 
and moved to secure their own suppl ies. With COVID -19 history is repeating itself.  
6.  Several months into this pandemic there are no meaningful global policy solutions to ensure 
access. Given this present context of global emergency, it is important for WTO Members to work 
together to ensure that intellectual property rights such as patents, industrial designs, copyright and 
protection of undisclosed information do not create barriers to the timely access to afford able medical 
products including vaccines and medicines and/or to scaling -up of research, development, 
manufacturing and supply of medical products essential to combat COVID -19.  JOB/IP/41  
 
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  7.  All WTO Members are struggling to contain the spread of the pandemic and provi de health care 
services to those affected. Many developed, developing and least developed countries have declared 
a national emergency with the aim to curb the growing outbreak, and as advised by the WHO 
implemented social distancing measures with signific ant consequences for society and the economy. 
Notably, developing countries and least developed countries are especially disproportionately 
affected .  
8.  An effective response to COVID -19 pandemic requires rapid access to affordable medical products 
including  diagnostic kits, medical masks, other personal protective equipment and ventilators, as 
well as vaccines and medicines for the prevention and treatment of patients in dire need. Shortages 
of these products has put the lives of health and other essential w orkers at risk and led to many 
avoidable deaths. It is also threatening to prolong the COVID -19 pandemic. The longer the current 
global crisis persist, the greater the socio -economic fallout, making it imperative and urgent to 
collaborate internationally t o rapidly contain the outbreak. As new diagnostics, therapeutics and 
vaccines for COVID -19 are developed, there are significant concerns, how these will be made 
available promptly, in sufficient quantities and at affordable price to meet global demand. Cri tical 
shortages in medical products have also put at grave risk patients suffering from other communicable 
and non -communicable diseases. The rapid scaling up of manufacturing globally is an obvious crucial 
solution to address the timely availability and a ffordability of medical products to all countries in 
need. The emerging second wave of the disease underscores the importance to finding global 
solutions that ensure equitable access.  
9.  There are several reports about intellectual property rights hindering or potentially hindering 
timely provisioning of affordable medical products to the patients. It is also reported that some WTO 
Members have carried out urgent legal amendments to their national patent laws to expedite the 
process of issuing compulsory/gove rnment use licenses, as evidenced by the updated Secretariat 
report on national measures taken by WTO Members. Beyond patents, other intellectual property 
rights may also pose a barrier, with limited options to overcome those barriers. In addition, many 
countries especially developing countries may face institutional and legal difficulties when using 
flexibilities available in the Agreement on Trade -Related Aspects of Intellectual Property Rights 
(TRIPS Agreement). A particular concern for countries with in sufficient or no manufacturing capacity 
are the requirements of Article 31 bis and consequently the cumbersome and lengthy process for the 
import and export of pharmaceutical products.  
10.  Internationally, there is an urgent call for global solidarity, and the  unhindered global sharing 
of technology and know -how in order that rapid responses for the handling of COVID -19 can be put 
in place on a real time basis. Our joint proposal requests a waiver to be granted to all WTO Members 
so that they do not have to imp lement, apply or enforce certain obligations related to COVID -19 
products and technologies under Section 1 (copyrights and related rights), 4 (industrial design), 5 
(patents) and 7 (protection of undisclosed information) of Part II of the TRIPS Agreement. Let me 
stress that the proposed waiver would be applicable only to COVID -19. The waiver is limited and 
does not suggest a waiver from all possible TRIPS obligations, nor does it suggest a waiver beyond 
what is needed for COVID -19 prevention, containment an d treatment.  
11.  The waiver should continue until widespread vaccination is in place globally, and the majority 
of the world 's population has developed immunity hence we propose an initial duration of [X] years 
from the date of the adoption of the waiver.  
15.2  India 
12.  We thank South Africa for its detailed and comprehensive statement.  
13.  We also thank UNAIDS, UNITAID, MSF, other academics, researchers as well as numerous civil 
society organisations who have expressed widespread support for our proposal.  
14.  Let me also take this opportunity to thank the Secretariat for its report on the TRIPS Agreement 
and COVID -19. We believe that it is not merely coincidental that this report came out the day before , 
more than six months into the COVID -19 pandemic. At least our proposal could generate enough 
interest for action now. However, in our view, the measures listed in the report are not sufficient for 
an effective COVID -19 response, which necessitates the need for our waiver proposal.  JOB/IP/41  
 
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  15.  At the outset we  would like to e mphasize that this proposal is, particularly important to cater 
for those who have insufficient or no manufacturing capacities in the health products required to 
combat the COVID  crisis. In the past few months, India has supplied medical products and 
equipment  needed in fighting the pandemic to more than 150 countries and resisted the attempts 
to corner the supplies by a few countries. We would like to remind the Members that in a  global 
pandemic where every country is affected, we need a global solution . And our waiver proposal 
represents an open and expedited global solution to allow uninterrupted collaboration in 
development, production and supply of health products and technolo gies required for an effective 
COVID -19 response.  
16.  South Africa has very clearly explained the purpose and objective of our proposal. In this regard, 
we want to highlight following points:  
17.  First, t here can be no denying the fact that the development of and equitable access to the tools 
– such as diagnostics, therapeutics, treatments, vaccines etc. – required to fight the COVID -19 
pandemic are limited by IP barriers. It is quite evident from an array of lawsuits filed by private 
companies in different parts of  the world for IP infringement on COVID -19 products. In the past few 
months, we have also seen that IPRs do come in the way of scaling up production of test kit reagents, 
ventilator valves, N95 respirators, therapeutics, fluorescent proteins and other tech nologies used in 
development of vaccines etc.  
18.  Second, governments across the globe are supporting development of new health technologies, 
in particular vaccines by pouring billions of USD of public funds into research and development. The 
EU tracker of  pledged resources for access to tests, treatments and vaccines1 stands at 
EUR 16 billion. Therefore, the often -repeated argument that monopoly rights are needed to allow 
the inventors to recoup their investment does not seem to apply in case of development o f health 
products and technologies required for handling the ongoing COVID -19 crisis.  
19.  Third, w e have heard from some Members in the previous meetings that voluntary licenses are 
the most appropriate solution to scale up manufacturing in response to COVID -19. However, the 
fact remains that not a single IP holder has shown willingness to commit to the COVID -19 Technology 
Access Pool (C -TAP) and the ACT -Accelerator voluntary initiatives launched under the aegis of WHO. 
In fact, the representative from WHO in t he Council admitted in response to a question that no 
pharmaceutical company has committed to sharing its IP and technologies in the C -TAP pool since 
its launch more than five months ago. Given the refusal by pharmaceutical industry to routinely offer 
nonexclusive licenses with worldwide coverage to facilitate global access, clearly the solution to 
ending the pandemic does not lie in voluntary licenses.  
20.  Fourth, w ith regard to existing flexibilities under the TRIPS Agreement, the same are not 
adequate to add ress the fast -changing landscape of COVID -19. Of particular concern for countries 
with insufficient or no manufacturing capacity is Article 31 bis, which is limited to pharmaceutical 
products, and was not designed to address challenges arising from pandemics of this scale and 
magnitude. Medical devices like ventilators, dialysis machines etc. that are crucial for combating the 
ongoing pandemic, may not be covered under the scope of Article 31 bis. There is a reason why the 
Special Compulsory Licensing  system has been used only once. Requirements under this System 
that exporters and importers have to comply with, are extremely onerous and time -consuming, 
thereby rendering it of no practical utility towards handling the ongoing pandemic.  
21.  Fifth, w e have included four sections of TRIPS Agreement namely patents, copyrights, industrial 
designs and undisclosed information or trade secrets, in our proposal. This is because the health 
products and technologies like test kits, masks, medicines, vaccines, compone nts of ventilators like 
valves, control mechanisms and the algorithms and CAD files used in their manufacturing are 
protected by these four types of IPRs. This ensures that our waiver proposal does not suggest a 
waiver from all TRIPS obligations, but only from these specific sections and that too only to the 
extent the same are essential for effective handling of the COVID -19 crisis.  
 
1 https://global -response.europa.eu/index_en  JOB/IP/41  
 
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  22.  Sixth, i t may be noted that the waivers granted to LDC Members with respect to obligations in 
Article 70.8 and 70.9 and thei r rights under Article 66.1 of the TRIPS Agreement are in no way 
impacted by this proposal.  
23.  Lastly, we want to clarify that the time period of 'X' years does not signify that we are seeking 
a waiver for an indefinite duration. The actual waiver duration wi ll be negotiated and be limited to a 
period that this Council finds necessary to effectively handle the COVID  crisis. Furthermore, the 
waiver will be reviewed annually by the General Council in accordance with the provisions of 
Article  IX (4) of the WTO Ag reement. We are flexible with regard to the scope and duration of the 
waiver. We look forward to constructively engage with Members having any questions or concerns 
regarding our proposal.  
24.  We believe that now is the time for WTO as an organization to rise  up to the collective call for 
defeating the pandemic. It will not succeed in its efforts in rebuilding the COVID  affected economies 
unless it acts now to first save those lives that are going to build these economies. It's time for 
Members to take collect ive responsibility and put people 's lives before  anything else.  History will not 
judge us kindly if we do not act immediately to save large scale loss of human life and health and 
allow global dysfunction to prevail over global cooperation. We hope that Me mbers will support our 
proposal that will ensure that vaccines and treatments become truly global public goods.  
15.3   Kenya  
25.  Kenya welcomes the proposal from India and South Africa in document IP/C/W/669, titled 
Proposal for a Waiver from Certain Provisions of t he TRIP S Agreement for the Prevention, 
Containment and Treatment of COVID -19, and aligns with the statement that was delivered by 
Tanzania on behalf of the African Group in support of the proposal.  
26.  The COVID -19 pandemic has had a debilitating effect on the  global economy, trade, investment, 
and the social well -being. It has caused a dramatic decline in foreign direct investment globally, and 
the resultant unilateral restrictions on exports and imports have drastically affected many countries ' 
ability to participate in international trade. The pandemic has also slowed down the pace by many 
countries to realize their development agenda, particularly the Sustainable Development Goals.  
27.  In their efforts to contain and manage the pandemic, many dev eloping countries are facing 
public health challenges, due to restrictions brought about by intellectual property protection. It is 
noteworthy that intellectual property is at the core of the fight against the pandemic and as the 
TRIPS Agreement provides, protection and enforcement of intellectual property should be to the 
mutual advantage of both the producers and users, in a manner that is conducive to social and 
economic welfare, and that ensures the balancing of rights and obligations.  
28.  The prospects of  economic recovery from the pandemic, for most countries largely depend on 
the duration of the health crisis, as well as the effectiveness of the policy interventions that they 
deploy. Countries will therefore have to constantly adjust their interventions as the health situation 
unfolds. Currently, access to the technological innovation and production required to respond to the 
pandemic is curtailed by IP protection and this extends beyond patents, to copyright, industrial 
designs and trade secrets, which a lso apply to products and technologies that are urgently needed 
to address the effects of COVID -19.  
29.  Kenya therefore welcomes the proposal by India and South Africa for the TRIPS waiver and 
indeed happy to be a co -sponsor and looks forward to further in -depth discussion by the Council on 
this submission. Kenya believes that more should be done within the context of the TRIPS Agreement 
to ensure that developing countr ies of the WTO are able to promptly respond to the COVID -19 
pandemic through access to vacci nes, diagnostics, personal protective equipment and other medical 
technologies.  
15.4  Nigeria  
30.  We commend the delegation of South Africa and India for their joint submission. In the context 
of COVID -19 pandemic, we believe the paper has come at the right time.  JOB/IP/41  
 
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  31.  My delegation would like to underscore the importance for WTO Members to work together to 
ensure that intellectual property rights such as patents, industrial designs, copyright and trade 
secrets do not create barriers to the scaling -up of research, developm ent, manufacturing and supply 
of medical products essential to combat COVID -19 while preserving intellectual property rights of 
Members.  
32.  Finally, while we are still awaiting instructions from capital in this regard, we welcome 
constructive discussions rega rding this proposal.  
15.5  Bangladesh  
33.  The delegation of Bangladesh thanks the delegation of India and South Africa for this submission 
(IP/C/W/669). My delegation also supports the statement delivered by Chad on behalf of the 
LDC group.  
34.  The submission presents  an extremely urgent call during this time of global crisis caused by 
COVID -19 pandemic. The issues of public health should not be seen from a narrow perspective. We 
live in an interdependent and interconnected world. Therefore, a threat to public health i n one society 
is a threat to humanity everywhere. Moreover, the pandemic may be primarily a health issue, but 
in the long run this is destroying our employment, investment, mobility, creativity, social relations 
and overall economic development. The whole world is suffering. The developing  countries, 
particularly the LDCs, are severely and disproportionately affected by the COVID -19 pandemic. 
Members must act collectively to save societies and economies from the devastating impacts of the 
pandemic.  
35.  The del egation of Bangladesh requests a favourable consideration of the proposal.  
15.6  Sri Lanka  
36.  First take this opportunity to commend you in the effective manner in which you are steering 
this very import Council 's preceding since assumption of your role recently.  
37.  Also let me thank and appreciate immensely India, South Africa, Kenya and other newly joined 
co-sponsors for presenting their extremely relevant and timely proposal for a Waiver from certain 
provisions of TRIPS Agreement for Prevention, Containme nt and Treatment of COVID -19. 
38.  At the outset, let me notify Sri Lanka 's strong and unequivocal support for the proposal 
circulated as document IP/C/W/669 and presented by the co -sponsors.  
39.  The COVID -19 was declared a pandemic by the WHO on 11 March 2020. It  is widespread, 
affecting almost all WTO Members. After experiencing a very brief initial period of COVID  pandemic, 
Sri Lanka is now experiencing a second waive, where the epidemiologists and virologists have 
detected the COVID -19 virus, which is more seve re in affect than what we experienced before and 
able to spread among large sets of community groups vigorously in a given period. This has 
necessitated the authorities to double their efforts in containing the virus to minimize the health and 
socio-econom ic impact on our poor population.  
40.  In this situation, ensuring timely access to essential commodities by overcoming acute 
shortages faced by countries due to high demand and disruptions in the supply chain is critical. 
There is no vaccine or medicine yet t o prevent or treat COVID -19. Hence, there is an urgent need 
to speed up development of new vaccines, treatments and diagnostics, at scale, and make these 
widely available.  
41.  An effective response to COVID -19 pandemic not only requires timely access to afford able 
medical products, but access to diagnostic kits, medical masks, other personal protective equipment 
and ventilators is also vital. However, as the crises persist, there has been a rapid increase in demand 
with many countries facing acute shortages, co nstraining the ability to effectively respond to the 
outbreak. Importantly, timely access to affordable vaccines and medicines for the prevention and 
treatment of patients in dire need is another major concern, as the COVID -19 global crisis deepens. 
Given the disruptions in supply chains and severe shortages, local/regional production is a critical 
solution, may be the only solution for small economies such as mine.  JOB/IP/41  
 
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  42.  Efforts to contain the COVID -19 spread has led to serious concerns about the impact of IPR s, 
such as patents, industrial designs, copyright and trade secrets on the availability and affordability 
of medical products. Global demand for medical products can only be met with global production of 
products needed to contain, treat and prevent COVID -19. Apart from availability, affordability is 
another concern that needs to be addressed, an aspect of which is very important and relevant for 
Sri Lanka.  
43.  In view of the above reasons, Sri Lanka considers that the Proposal is timely and importantly 
necessit ated in the current context:  
44.  In the proposal, the co -sponsors are calling for the WTO Members to agree to temporarily waive 
certain provisions of the WTO TRIPS Agreement related to the obligations on protection and 
enforcement of patents and other intellec tual property rights to support the global COVID -19 
pandemic response.  
45.  In addition to patents, other forms of IP rights, such as, copyrights, industrial designs, and 
trade secrets can also apply to products and technologies required for responding to COVID-19. This 
necessitates enabling a broader application of flexibilities beyond patents to such other forms of IP 
rights. Accordingly, the proposal requests wavering of specific obligations of the TRIPS Agreement 
on protection and enforcement, namely, (1) p atents, (2) copyright and related rights, (3) industrial 
designs and (4) protection of undisclosed information during the COVID -19 pandemic.  
46.  As elaborated in the proposal, the waiver would absolve all countries from implementing the 
referred obligations f or a limited time period, extending policy space for governments and extending 
freedom to operate to parties without risk of infringing such intellectual property rights, while 
ensuring legal certainty that actions are compliant with WTO TRIPS rules.  
47.  As argued in the proposal, the adoption of this proposal will overcome potential obstacles that 
above categories of intellectual property rights may create 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 proposa l is critical to ensure availability of medical 
products at affordable price for the prevention, containment and treatment of COVID -19. 
48.  Why Sri Lanka supports the proposal:  
49.  Sri Lanka 's government total expenditure on health sector is around US D 1.32 Billio n, which is 
a share of 1.7% of the total GDP of Sri Lanka in 2019. Total bill on import of medical and 
pharmaceuticals is US D 552.6 million, which is a share of 2.8% of total imports in 2019 and is now 
on the rise due to the current crisis. At present, 80% of the country 's drug requirement is met 
through imports. At present, Sri Lanka is the largest importer of drugs in the Asia n region and it is 
high time that Sri Lanka turns the tables in its favour.  
50.  Sri Lanka is a country which is proud of having a universal free medical access programme 
securing free access to health facilities & Treatment for its population, which is also e nshrined in its 
Constitution as a fundamental right of its citizens. When the country is inundated with balance of 
payment difficulties exacerbated by the COVID  Pandemic, the government is seeking to reduce 
import bills including the expenditure on medical  and pharmaceutical products through other means.  
51.  A disturbing development witnessed by Sri Lanka during the current pandemic is the gradual 
increase of domestic prices of essential medicines sold in the market by the Pharma Companies 
when our regulatory authorities ' attention has been drawn in containing the spread of pandemic. 
There are investigations going on to these alleged anti -competitive practices by the regulatory 
authorities.  
52.  Recently, Government  informed that its plans to increase production wi th a view to meeting the 
country 's total drug requirement and to ensure the supply of high quality drugs at affordable low 
prices and to enhance the export production capacity of nascent items in COVID -19 product range. 
Sri Lanka has also decided to establ ish a free trade zone to accommodate such investments in the 
pharmaceutical sector. Through this, the Government is intending to meet at least 50% of country 's JOB/IP/41  
 
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  current pharmaceutical requirements. In terms of the plan, 25 medium and small scale companies 
are prepared to invest US D 300 million to meet the local demand.  
53.  This proposal is, therefore, in line with Sri Lanka 's policy goal for exploring avenues for 
increasing domestic value addition in productive sectors, particularly by building production capaci ty 
of Domestic Pharmaceutical and Medical Devices sector.  
54.  Unless there is an unambiguous clarity that any domestic production of COVID -related patented 
drugs and medical devices, PPE products etc can be carried out in Sri Lanka for meeting the domestic 
demand and with plans to export to third countries, without any IPR s related legal impediment, it is 
highly risky to invest in new ventures if it is otherwise.  
55.  A research institute in Sri Lanka, namely, Sri Lanka Institute of Technology ( SLINTEC ), has 
ventur ed in to innovate and commercialize two new products with high export potential in the USA 
and the EU. These products are SLINTEC Swabs and SLINTEC Sterile. The SLINTEC has reverse 
engineered COVID -19 testing swabs and has been producing them in -collaborat ion with the Medical 
Research Institute of Sri Lanka, the Lady Ridgeway Hospital, and Hi -Fashion Holdings Pvt limited.  
56.  It indicates that these items are already under patents and though they are now made in 
Sri Lanka in generic form and intended to be exp orted under Sri Lanka brand name, there is a 
likelihood of overriding the patent holders ' rights in the importing countries. Sri Lanka has found 
such new product lines and intends to capitalize on the export potentials, so that in addition to 
catering to o ur local demand, Sri Lanka can supply to those countries, who require them to deal with 
the current pandemic, which is going to stay in the world for many years. But, Sri Lanka may not 
be able to export them to those countries due to the possible IPR s infringements. If so, it not only 
deprives Sri Lanka generating most vital foreign exchange, but also deprives the countries which 
require them desperately.  
57.  The WTO waiver proposed in the proposal will, therefore, provide the required legal certainty to 
Sri Lanka in the interim period, until it is able to address those IPR s related legal impediments in 
the long run.  
58.  Currently, Sri Lanka has few provisions in Sri Lanka 's National Intellectual Property Act, No. 36 
of 2003 that provide such exceptions, particula rly Section 86 of the Act, which unfortunately bundles 
the important exceptions provided under 'exhaustion of rights (parallel imports) and Compulsory 
Licenses (CL) and offers less clarity in their application.  
59.  Further, Sri Lanka is yet to amend its Natio nal Intellectual Property Legislation to introduce the 
complaint provisions necessitated by the Amendment to the TRIPS Agreement (under Article  31bis 
of the TRIPS Agreement), which is overdue. This amendment is particularly important to Sri  Lanka, 
as it la cks domestic manufacturing capacity and would, therefore, be dependent on imports to meet 
its medical needs.  
60.  Many developing countr ies, including Sri Lanka may also face legal, technical and institutional 
challenges in using TRIPS flexibilities due to the  lack of ambiguity in the existing legal provisions. 
This is especially true for countries, such as Sri Lanka that have never utilised flexibilities such as 
compulsory licenses (CL). National patent laws may not even have the necessary provisions to issue 
compulsory licenses in the public interest or government use licenses.  
61.  In some countries, including Sri Lanka the issuance of compulsory license may not be possible 
until the expiration of three -four years following the grant of patent. Sometimes, provisio ns on 
compulsory licensing in national legislation are subject to specific processes and as such the issuance 
of compulsory license may involve lengthy processes that are time -consuming.   
62.  As explained above, a few countries have introduced or are in the process of introducing 
simplified procedures for issuing compulsory licenses in times of a public health crisis. This however 
may not be an option for Sri Lanka, where legal and technical ca pacity maybe lacking and the passing 
of national legislation is often a very long process.  
63.  In order to support these efforts, Sri Lanka is in the process of carrying out a gap analysis on 
the Sri Lanka's existing National IPR s Legislation to ascertain the areas where further improvements JOB/IP/41  
 
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  are necessary to ensure that the production can commence o n those products protected under IPRs 
enabling the long -term survival of those investments and projects.  
64.  While the process of amendments will be time consuming on a variety of IP rights that are 
relevant in the fight against COVID -19, Sri Lanka along with  other like -minded countries have been 
working on a joint proposal, initiated by India and South Africa, which has now been submitted to 
the WTO TRIPS and the General Council seeking a more integrated approach to address the public 
health concerns/challeng es of COVID -19 pandemic, through TRIPS flexibilities that include other 
various types of intellectual property (IP) rights including copyrights, industrial designs and trade 
secrets.  
65.  The use of TRIPS flexibilities in other areas of intellectual property, beyond patents, is less 
understood at the national level. In fact, in other fields of IP, National IP laws may not even provide 
for sufficient flexibilities to address issues of access.  
66.  In view of the above forgone and justifiable reasons, Sri Lanka calls for support for the 
multilateral solutions, more particularly this joint proposal which is before us in assuring and 
delivering fair access to COVID -19 treatments for all those in need in the developing countries and 
the LDCs.  
15.7  Pakistan  
67.  Pakistan welcomes th e proposal on 'a waiver from certain provisions of the TRIPS Agreement 
for the Prevention, Containment and treatment of COVID -19' contained in document IP/C/W/669, 
and we thank the co -sponsors for this very important contribution. It is high time that WTO stood 
up and made itself counted in the global fight against the pandemic . 
68.  It is proven that the COVID -19 pandemic presents in every way, a global health emergency. 
This is coupled with a resultant economic crisis. The effects on livelihoods and general he alth of the 
populations in developing countries in particular, are devastating while health budgets of many 
countries find it difficult to sustain availability of highly priced COVID -19 related medical products 
and limited access to diagnostic testing.  
69.  In order to combat the COVID -19 pandemic, we require rapid access to affordable medical 
products including diagnostic kits, medical masks, other personal protective equipment and 
ventilators, as well as vaccines and medicines for the prevention and treatment  of patients. At the 
same time, it is feared that, the development, dissemination and public availability of medicines 
including vaccines can become subject to monopolistic behaviour  of large pharmaceutical firms and 
the global political economy of price p remiums.  
70.  In wake of this challenge, there is an urgent call by many for global solidarity for unhindered 
global sharing of technology and know -how; cheap and easy access to medicines and medical 
equipment, and the enhancement of local production capacities  of these products for developing 
countries.  
71.  While the TRIPS Agreement contains some flexibilities, many WTO Members face challenges in 
using them effectively. The flexibilities are selective, limiting in their scope and application and 
virtually impossib le to implement. For instance, Pakistan finds it difficult to implement the 
compulsory licensing provisions due to various limitations of time, price, quantity, region of 
production.  
72.  The current pandemic requires collective global action to tackle IP barr iers at a more 
comprehensive level. Acknowledging that we are passing through this unprecedented global medical 
emergency, we wish to echo the concerns raised in the subject proposal and support the waiver. We 
feel that this will ensure adequate and afford able supply of medical products including vaccines and 
medicines, allow scaling -up of research, development, manufacturing and supply of medical products 
essential to combat COVID -19 and have an overall positive effect on the ability of developing 
countrie s to tackle the mounting challenges posed by the pandemic.  JOB/IP/41  
 
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  15.8  The Bolivarian Republic of Venezuela  
73.  The Bolivarian Republic of Venezuela would like to thank India and South Africa for such a 
necessary proposal at this time and fully supports it.  
74.  Extraordinary situations, such as those resulting from the COVID -19 pandemic, call for equally 
extraordinary decisions. Article IX of the Marrakesh Agreement provides us with the legal basis for 
this. 
75.  The epidemiological report by WHO issued this week states that, from 30 December 2019 to 11 
October 2020, more than 37 million cases of COVID -19 and more than a million deaths were reported 
worldwide. But what is most alarming is that, despite all of the collective efforts to try to reduce the 
effects of this pandemic, last  week saw the highest number of cases reported in a single week to 
date. 
76.  No one has been spared by this pandemic. All governments are dealing with the challenges of 
ensuring timely, adequate and affordable access to medicines, vaccines, diagnostic kits and  other 
essential medical supplies. This is particularly challenging for many developing countries that are 
dealing with limitations on the development and expansion of production capacity due to intellectual 
property barriers.  
77.  In the context of this univer sal emergency and while the pandemic lasts, this waiver is required 
for the benefit of all humanity, since no one can be safe in this world until we all are.  
15.9  Nepal  
78.  My delegation would like to extend sincere appreciation to the delegation of India and 
South  Africa for their submission.  
79.  While going through the proposal, it seems an appropriate and timely initiative in the context 
of current COVID -19 pandemic.  
80.  The COVID -19 pandemic has severely devastated the global economy where developing 
especially, least  developed countries are suffering most because of their limited capacity to cope 
with the impact of the pandemic.  
81.  In this context, sufficient policy space as per the need of country 's context is essential to 
overcome the difficulties faced as indicated i n the submission . 
15.10   Philippines  
82.  The Philippines thanks India and South Africa , Kenya and Eswatini  for their proposal document 
IP/C/W/669, on an issue of profound importance not just for TRIP S Council Members but also for all 
participants of the multilateral  trading system.  
83.  The Philippines has elevated concerns over the COVID -19 global pandemic to the highest levels, 
and has made the effort to eradicate the novel coronavirus one of its highest priorities. No less than 
our Head -of-State, President Rodrigo Dute rte, declared at the recent 75th Session of the U.N. 
General Assembly last September that "ensuring universal access to anti -COVID -19 technologies 
and products is pivotal in the global pandemic recovery. " 
84.  During the Special ASEAN Summit, our Leaders commit ted to intensify cooperation to ensure 
adequate provision of medicines, essential medical supplies and equipment, including, but not 
limited to diagnostic tools, personal protective equipment.  
85.  At the recent APEC Ministers Responsible for Trade Virtual Meeting, our Trade Minister 
Mr Ramon  Lopez called for closer cooperation in data gathering and R&D, particularly to strengthen 
health systems and provide access to affordable, high -quality health p roducts, treatments and 
services.  JOB/IP/41  
 
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  86.  The WTO has a positive role to play in promoting trade in medical goods and in ensuring balance 
of trade and intellectual property and public health interests. At the height of the HIV/AIDS 
pandemic, WTO Members responded by adopting the 2001 Doha Declaration on the 
TRIPS Agreement and Public Health, which eventually led to a Decision of the General Council on 
30 August 2003 amending the TRIP S Agreement on the Special Compulsory Licensing mechanism. 
Like other WTO Members, the Philippines would later incorporate this mechanism as part of our 
national law as the Universally Accessible Cheaper and Quality Medicines Act of 2008.  
15.11   Nicaragua  
87.  We thank the proponent delegations for including this agenda item on the proposal for a 
temporary waiver from certain provisions of the TRIPS Agreement.  
88.  We consider that this proposal is of great importance amid the current difficulties, since it is a 
measure that would offer developing countries like Nicaragua timely and affordable access to t he 
medical products, medicines, vaccines, inputs and medical equipment necessary for detecting and 
treating COVID -19. It would also provide fair access to medical technologies, which are essential for 
the proper handling of the fight against COVID -19. 
89.  Our Government wishes to take this opportunity to express its support for this proposed waiver, 
based on the content of document IP/C/W/669.  
15.12   Chile  
90.  Our delegation would like to thank the proponents of document IP/C/W/669 in which a waiver 
to the implementation  of the main obligations contained in the TRIPS Agreemen t is proposed.  
91.  Firstly, I would like to state that as a country, and since the beginning  of this Organization, we 
have maintained that the objective of intellectual property (IP) is to be a tool for stimulating 
technological innovation , and the transfer and dissemination of technology to the mutual advantage 
of producers and users, in a manne r conducive to the economic and social welfare of countries, as 
stated in Article  7 of the TRIPS Agreement . In this respect, our country has vigorously defended and 
promoted balanced IP systems which both foster innovation and meet the needs of society as a 
whole . 
92.  This is why we share the premise that IP should not hinder or impact access to medicines, but 
we understand that the same IP system contains the tools to prevent this situation from happening 
and that there are flexibilities in the system which al low Members to strike the necessary balance 
appropriate to their own socio -economic reality . Also, and like other Members we are open to 
analysing which types of conduct may constitute an abuse of IP rights, as well as exploring the 
mechanisms that the Agr eement establishes to rectify such types of situation . 
93.  Specifically, we can announce that, at local level, our country has managed to use the 
flexibilities contained in the TRIPS Agreement, which has resulted in suitable production of generic 
medicines, as  well as being an attractive market for marketing latest generation medicines.  
Instances of this include the establishment of an international IP rights exhaustion system, which 
along with our network of free trade agreements, allow us to seek the best pri ces for a specific 
medicine on the world market.  As regards our IP legislation, it has maintained the exclusions from 
patentability stipulated in Article 27 of the TRIPS Agreement , as well as introducing a strict and 
thorough examination of patent applicat ions. Additionally, this year has seen reforms to the Law on 
Industrial Property with the aim of facilitating the use of the flexibilities contained in Article 31 and 
31 bis of the TRIPS Agreement, which are currently before our National Congress . 
94.  At inter national level, our country was one of the first to support the creation of the Medicines 
Patent Pool  and to collaborate on the database that today provides a means of clearly identifying 
when a patent has entered the public domain  in such a way as to gene rate access to the medicines 
listed therein . Chile, for its part, promoted the recommendations of the World Intellectual Property 
Organization Development Agenda and particularly those listed under Cluster B on the use of 
flexibilities and the public domai n, among others . JOB/IP/41  
 
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  95.  Like all WTO Members, Chile has been severely impacted by the pandemic, and to date, my 
country finds itself in an extraordinary constitutional situation with, among other measures, 
restrictions on the movement of people , quarantines and s ocial distancing.  The priority is to not only 
ensure that there are beds and medical supplies, including mechanical ventilators, but also that a 
vaccine against COVID -19 is now made available . 
96.  This is why we are working on two fronts . Firstly, in the field  of clinical research and trials, we 
have forged partnerships with universities and laboratories so as to foster timely access to vaccines 
and upscale scientific capabilities.  Secondly, we have increased contact through meetings and 
discussions with the ma in laboratories which are developing the most promising vaccines and, in 
particular, have reached an agreement with COVAX, a global initiative led by the WHO, the EU and 
associations such as the Bill & Melinda Gates  Foundation . 
97.  All the above, despite the r epercussions of the pandemic, has enabled a developing country 
such as Chile to show that it is able to seek solutions to current and future problems, and notably 
we have seen a spirit of collaboration emerge between all actors of the health system and of 
innovation given the nature of the pandemic . We believe that in recent months we have witnessed 
how the most brilliant of minds in the world have searched for solutions to the pandemic.  The 
response to the pandemic has involved collaboration between innova tive enterprises, universities, 
research centres, SMEs and even independent inventors on a global scale . 
98.  That said, and given the importance of the proposal set forth in document IP/C/W/669, we 
would like its proponents to provide some clarification on its  potential impacts and implementation . 
In this regard, and to evaluate the proposal, we would like for them to clarify the following:  
a. Firstly, we would be grateful if the proponents could provide us with more information on 
specific cases where, in the con text of the COVID -19 pandemic, IP has hindered access to 
the vaccines currently being developed . 
b. Secondly, we would appreciate some clarity on the economic impact that the proposal 
would have , as well as whether they may have a prior i identified any type o f impact on 
innovation in the medical field . 
c. Lastly, we believe it is important that we better understand how the proponents would 
implement this waiver at local level . Specifically, we would be interested in understanding 
how this waiver would be implemen ted as regards the domestic laws of the proponent 
Members, what would the implications be for IP rights already preliminarily granted and 
whether it might impact most favoured nation and national treatment commitments . 
99.  The proposal before us is unprecedent ed in this Council and in that light, we believe it is crucial 
that the above issues be clarified so that we can evaluate what effects the proposal may have , who 
it would benefit and the way in which it could be implemented, if approved . 
15.13   Turkey  
100.  At the outset we would like to thank India and South Africa for the proposal regarding a waiver 
from certain provisions under the TRIPS Agreement concerning the need for prevention, containment 
and treatment of COVID -19. 
101.  While we note the comprehensive and  in-depth nature of the proposal, we would like to make 
preliminary comments without prejudice to later interventions of our delegation with regard to the 
way forward.  
102.  Turkey has always put not only the health of her citizens but also other countries medic al 
needs, at the top of her policy agenda. We attach great importance to provide affordable health care 
and ensure an equitable access to medicines for everyone.  
103.  COVID -19 pandemic poses a widespread and major threat to the world. And there is not yet 
a vaccine or scientifically proven treatment although there are many important studies which are 
ongoing. We have seen that medical equipment, such as ventilators, personal protective equipment 
and medical supplies have been very critical to combat the pandemi c.  JOB/IP/41  
 
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  104.  In that sense, Turkey values close collaboration among the members during such difficult 
times. We were in solidarity with many countries in their struggle with COVID -19. Turkey supplied 
medical and personal protective equipment as well as ventilators to over 150 countries and six 
international organizations since the beginning of the outbreak.  
105.  As this proposal requires close and thorough coordination among relevant national authorities, 
we need further consultations in Turkey. However, we are ready to engage constructively to achieve 
a global strategy so that everyone can better cope with this global health crisis.  
15.14   Egypt  
106.  Egypt aligns itself with the statement to be made by Tanzania on behalf of the African Group, 
and we would to thank India and  South Africa for this timely proposal.  
107.  It is now evident after the difficult times we have been through since the beginning of the 
pandemic, that there are limitations on relying on a "case by case " approach when using the TRIPS 
flexibilities to address IP barriers in confronting this crisis. We believe that Responding to COVID -19 
effectively requires a collective and global solution that overcomes the restrictions of addressing IP 
barriers on a national level so that countries can collaborate and freely share manufacturing and 
supply capacities.  
108.  In this context, we believe that this proposal can provide a very good base for discussions in 
this Council on the role our organization has to play in the current unprecedented global crisis during 
which all gove rnments are facing challenges ensuring timely, sufficient and affordable access to 
effective medicines, vaccines, diagnostics and other essential medical tools.  
15.15   Indonesia  
109.  We thank the delegation of India and South Africa for their proposal for a Waiver fro m certain 
provision of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID -19 as 
circulated in the document IP/C/W/669.  
110.  This proposal is timely to open the discussion on our and WTO role in ensuring global solidarity 
through effort in ensuring equal, affordable, and timely access to PPE, medical equipment, diagnostic 
test, drugs and vaccines for the prevention, containment and treatment of COVID -19.  
111.  This COVID -19 pandemic has become a global threat, not only for global trade and eco nomy, 
but also to humanity. Global solidarity in combatting this pandemic should materialize in concreate 
action. International organizations should also contribute in a meaningful way toward this effort.  
112.  Fortunately or unfortunately (as we could decide l ater), the TRIPS Agreement as one of the 
most important agreement during global public health crisis, is under our auspices . It is well 
recorded, both in public health papers, journals or writing by United Nations Bodies or Special 
Rapporteur under the UN Human Rights Council, that Intellectual Properties could become a serious 
barriers for combatting public health crisis.  
113.  While the TRIPS Agreement has governed the flexibilities under the patent protection, we have 
been taught that the barrier for preventio n, containment and treatment of COVID -19 pandemic is 
not only posed by patent protection. We share the view that beyond patent, there are lack of 
flexibilities offered, or even known, to ensure those IP protection not become barriers to combat 
global healt h crisis.  
114.  This proposal, we believe, will open positive discussion on the limitation and possible solution 
for the TRIPS Agreement in assisting Members to deal with global health crisis. This proposal would 
also provide assurances for Members in taking leg itimate immediate measures for protection of the 
public health in the time of crisis, as granted under the Article IX:3 of Marrakesh Agreement.  
115.  The fact that there will be no immediate and adequate of therapeutics and vaccines to deal 
with the COVID -19, ha s become serious issue that we need to deal. The possible limited 
manufacturing of vaccines from private pharmacy companies, as we learned, has been secured by JOB/IP/41  
 
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  several members under private contracts which would create imbalance access to the products for 
others.  
116.  The waiver, as proposed, hopefully could boost cooperation in research and development and 
scale-up manufacturing of necessary medicines and vaccines to ensure that no Member is left 
behind.  
117.  As the number of infection is keep rising in every part  of the world, we shall all agree that 
there is no global recovery, both in global public health and economy, if some Member are left behind 
in the recovery process.  
15.16   Argentina  
118.  We thank South Africa and India for submitting document IP/C/W/669.  
119.  We see that the world is facing an extraordinary situation due to the pandemic, which requires 
extraordinary solutions to ensure affordable access to medical products needed for the prevention 
and treatment of COVID -19, within the multilateral regulatory framework.  
120.  The challenges linked to accessing health products to combat COVID -19 are at the core of the 
multilateral trading system. The matter has permeated the discussions of many forums and was also 
touched upon in the communiqué issued by the G20 Trade and Investme nt Ministers, which stressed 
the need to ensure that all countries have access to essential medical supplies and pharmaceuticals, 
including vaccines, at an affordable price.  
121.  In light of the above, my delegation supports the proposal contained in document I P/C/W/669.  
15.17   Chad  on behalf of the LDC Group  
122.  The LDC Group thanks South Africa and all the co -authors for the communication on the 
prevention, containment and treatment of COVID -19 through the proposed measures in the 
framework of  the TRIPS  Agreement . We believe that this proposal is a step in the right direction 
given the extraordinary situation in which we find ourselves, which calls for equally e xtraordinary 
measures.  
 
123.  It is clear, as we have already mentioned in our committee, that we mu st be able to quickly 
and effectively  secure the  means to tackle  and defeat the pandemic , which poses a considerable 
threat to the lives of millions of people worldwide. It is well known in our countries and in many 
developing countries  that we lack suffic ient technology and equipment to produce protective 
equipment,  treatments and even vaccines.  
124.  We are therefore totally dependent on exports from equipped  countries to our countries. In 
the current situation , we are obviously trying to figure out how to obta in masks, hydro -alcoholic gel, 
ventilators,  medicines and eventually vaccines  as quickly as possible . In the current context , 
everything must be streamlined as much as possible  in order to save lives. We  need solidarity  now 
more than ever . 
125.  The following fact was highlighted in the preamble of the draft decision : the pandemic poses 
a threat not only to human health, safety and well -being , but also has  unprecedented and 
multifaceted effects, including the severe disruption to societ y currently being witnessed , disruption 
to economies, disruption to global trade , disruption to travel , and the devastating impact on the 
livelihoods of people . Moreover, the statistics from international agencies,  whether  it be the WHO, 
FAO or the World Food Programme , in terms of the impact on human lives  are getting worse and 
worse . 
126.  The LDC Group considers it  appropriate to take a new initiative in terms of flexibility in t he 
provisions of the WTO Agreements . With regard to the  TRIPS Agreement , flexibility is needed to 
simplify and speed up the provision of  medical products accessible to all , in terms of both cost and 
supply,  in order to effectively tackle the pandemic. Every country in the world  without exception  - JOB/IP/41  
 
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  developed countries, developing countries  and least developed countries  - is affected by the 
pandemic.  
127.  Stopping the growing and alarming  surge in  the pandemic  is therefore a matter of global 
urgency. We must ensur e that intellectual property rights do not become barriers to the provision 
of affordable medical products for all and , in particular , for those who need them most and/or are  
ill. 
128.  In conclusion, the LDC Group believes that the intention of the proposal before us is good. We 
would simply like to be able to further discuss the proposal with its co-author at a meeting with our 
Group in order to have some  clarification in the coming days and weeks. We are also awaiting 
feedback from the capitals, as the  communi cation has been forwarded to the LDC capitals , where 
the proposal is still being analysed . All the LDC Group wishes to say  about this communication for 
now is that we are open and flexible to discussing the proposal  with the co -author.  
15.18   China  
129.  We thank India, South Africa and co -sponsors for presenting this proposal. COVID -19 has 
severely threatened human life, security and health, disturbed the function of global supply chain 
and brought great challenges for the normal supply of treatment medic ines and relevant medical 
equipment. The joint proposal emphasizes the difficulties faced by developing countries  and LDCs 
and seeks to ensure Members ' timely, equitable and affordable access to commodities in relation to 
the prevention, containment and tr eatment of COVID -19, especially COVID  medicines and vaccines. 
We would lend our support to exploring this issue at the TRIPS Council.  
130.  China has taken good note of the capacity constraints that developing countrie s encounter in 
using TRIPS flexibilities suc h as compulsory licensing, as pointed out by the proposal. China has 
made serious commitment that COVID -19 vaccine development and deployment in China, when 
available, will be made a global public good and developing countries will be our priorities. Earli er 
this month, China joins the COVID -19 Vaccines Global Access Facility, or the COVAX  Facility, and 
will take concrete measures to promote the fair distribution of COVID  vaccines, especially among 
developing countrie s. 
131.  China is willing to discuss access to  commodities in relation to the prevention and control of 
COVID -19, including medicines and vaccines under the framework of the TRIPS Agreement, and 
supports the discussions on possible waiver or other emergency measures to respond to the 
pandemic, which a re "targeted, proportional, transparent and temporary ", and which do not create 
unnecessary barriers to trade or disruption to global supply chains.  
15.19   Thailand  
132.  Thailand would like to thank India and South Africa and co -sponsors for submitting the  
proposal an d providing a comprehensive introduction.  
133.  Like others, we witness the impacts of the COVID -19 crisis on societies, economies, and 
vulnerable groups in developing and least  developed countr ies in the present year and for years to 
come. And we note the impor tance of strengthening cooperation among countries in multilateral 
level to maintain socio -economic stability for sustainable development and to protect public health 
and promote access to medicines for all.  
134.  With respect to the intellectual property measur es in the context of COVID -19, Thailand always 
recognizes that intellectual property protection is important for the development of new medicines 
and vaccines while understands that the prompt policy responses to utilizing the flexibilities available 
in the TRIPS Agreement for public health at this challenging stage is also needed to mitigate the 
impact of the pandemic.  
135.  Thailand has always supported a right balance between IP protection and public interest. 
However, since the proposal presents the broader d imensions on the waiver from the 
TRIPS  Agreement, we, therefore, currently are studying the proposal prudently and may seek further 
clarification from the proponents in the future.  JOB/IP/41  
 
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  15.20   Tunisia  
136.  Tunisia thanks India and South Africa for their joint communicatio n in document  IP/C/W/669 
and supports their initiative, which aims to provide equitable and affordable access to medical 
products needed for the prevention, containment and treatment of COVID -19. 
137.  Tunisia, which urgently called for international solidarity and secured by unanimous consent 
the adoption, on 1  July 2020, by the UN Security Council of a Resolution on combating the COVID -19 
pandemic, would like to underline the need for exceptional measu res to deal with an equally 
exceptional health, economic and social global situation; as well as the WTO 's decisive role to play 
in promoting such multilateral cooperation to protect international public health at this critical 
juncture . 
138.  My country, like a ll countries, has undergone disruptions to its production and trade cycles for 
medical products needed to combat the pandemic and has suffered the consequences, which may 
worsen with this second wave of the virus.  
139.  Tunisia would therefore be open to the pro posal for a "Waiver from certain provisions of the 
TRIPS  Agreement for the prevention, containment and treatment of COVID -19", and in this regard 
would like to highlight the following:  
a. The TRIPS Agreement provides for the use of waivers in cases of approve d exceptional 
situations and this is case of COVID -19, which was declared a global pandemic by WHO.  
b. This waiver is limited to medical products needed for the prevention, containment and 
treatment of COVID -19, and should be time -bound until a vaccine is ava ilable worldwide, 
thereby mitigating its adverse effect on intellectual property rights.  
c. Ten months into the pandemic, a meaningful solution to the health crisis is still not within 
reach, along with persisting inequality in access to the technologies requ ired to deal with 
the pandemic. The solution to dealing with this pandemic, therefore, must be global and 
shared by all.  
15.21   Tanzania  on behalf of the  African Group  
140.  The African Group welcomes the joint submission by the delegations of India and South Africa 
contained in document IP/C/W/669 titled Proposal for a Waiver from Certain Provisions of the 
TRIPS Agreement for the Prevention, Containment and Treatment of COVID -19. The African Group 
is consulting internally and with Capitals on this joint submission.  
141.  As we have previously expressed at the Informal HOD and General Council meetings, the 
African Group holds the view that the WTO has an instrumental role to play in fostering multilateral 
cooperation that will promote equitable and affordable access to key pr oducts necessary for the 
prevention, containment and treatment of COVID -19. In this connection, and in accordance with the 
Doha Declaration on TRIPS Agreement and public health, solidarity and close cooperation among 
Members is necessary to ensure that the  TRIPS Agreement does not and should not prevent Members 
from taking measures to protect public health, an important aspect at this critical time.  
15.22   Ecuador  
142.  We thank India and South Africa for introducing this proposal, on which we wish to make a 
few comments.  
143.  With regard to the first Article of the proposal, in which it is proposed to waive Members ' 
obligation to implement or apply sections 1, 4, 5 and 7 of Part II of the TRIPS Agreement in relation 
to prevention, containment or treatment of COVID -19, we are of the view that is approach is, in 
principle, a positive one.  
144.  The global health crisis has had a severe impact on countries and may require decisions to 
help them tackle the pandemic, in accordance with international law and following the relevant  
multilateral processes.  JOB/IP/41  
 
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  145.  However, Ecuador considers that the proposal needs to offer clearer guidance on, inter alia , 
what are intellectual property developments, the possibility of second uses, and research related 
information.  
146.  It is vital to avoid uncert ainties over what would be covered by a waiver.  
147.  This would prevent any adverse effects on the development of a solution to COVID -19 and 
avoid setting inappropriate precedents.  
148.  Likewise, in our view, the idea of non -compliance with Part III of the Agreement  on the 
enforcement of intellectual property rights is ambiguous. More clarification is needed on the matter 
to ensure consistency with the principle of protection.  
149.  In this respect, although Ecuador agrees with the urgency and humanitarian aims behind the 
proposal from India and South Africa, we are of the view that the initiative needs to be reworked in 
order to address the above -mentioned concerns.  
15.23   Senegal  
150.  My delegation thanks South Africa, India, Kenya and Eswatini for the proposal for a waive r 
from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of 
COVID -19. 
151.  Our delegation understands the grounds for this proposal as reflected in the statements made 
by South Africa and India. We strongly believe that, pu rsuant to the Doha Declaration on intellectual 
property and public health, the TRIPS Agreement does not and should not prevent Members from 
taking measures to protect public health.  
152.  The ongoing and profound health, economic and social crisis around the wor ld, which impacts 
developing countries and LDCs in particular, is an opportunity for Members to strengthen cooperation 
and international solidarity to ensure universal access to affordable medicines, equipment and 
vaccines needed for COVID -19 prevention an d treatment.  
153.  The document IP/C/W/669 is being reviewed in my capital, and my delegation welcomes 
constructive discussions on this item on our agenda for this meeting and at the next meeting of the 
Council.  
15.24   Costa Rica  
154.  At the outset, Costa Rica wishes to tha nk India and South Africa for their proposal, which 
enables us to resume an important discussion.  
155.  Humankind is currently facing a number of challenges without precedent in recent history. 
Tackling these challenges requires a response that is, above all, so lidarity -based, joint, and 
respectful of the law. As societies, our commitment to innovation must be focused on promoting 
scientific research, technological development and the widest possible dissemination of the scientific 
advances drawn from COVID -19. 
156.  As we face this pandemic, we cannot lose sight of the fact that human health is fundamental 
and that our actions must be based on cooperation and solidarity. There can be no doubt that our 
success in these uncertain times will lie in our ability to tackle t he current situation collectively, as 
well as in the acceptance that individual actions will be decisive and impact collective actions.  
157.  The generation of knowledge on COVID -19 has increased over the past few months. It is crucial 
that these findings are sh ared as much as possible so that they benefit everyone, everywhere, at 
the same time.  
158.  Our country remains firmly committed to the protection and enforcement of intellectual 
property rights, and will continue to promote innovation by recognizing and enforci ng the rights of 
creators and innovators.  JOB/IP/41  
 
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  159.  Based on this belief, Costa Rica asked the WHO to establish a health technology pool for 
vaccines, medicines, diagnostic methods and any other tools useful in the fight against COVID -19. 
On 29 May, Costa Rica, the WHO and other WHO Members launched a "Solidarity Call for Action". 
This initiative led to the establishment of the C -TAP platform for the open, voluntary and 
collaborative exchange of knowledge, information and intellectual property relating to existing an d 
new health technologies for combating COVID -19. Costa Rica has already shared advances made by 
its own scientists, such as the equine serum protocol, which is currently in the clinical trial phase. 
We strongly but respectfully encourage WTO Members to vo luntarily share their knowledge through 
this platform.  
160.  Within this Organization, the proper management of intellectual property rights has, in the 
past, enabled us to promote and foster research and development, which are two key elements for 
promoting inn ovation in the fight against the current pandemic.  
15.25   Mauritius  
161.  Would like to thank the delegation of South Africa and India for introducing this proposal which 
from our perspective aims at buttressing Public Health.  
162.  As my delegation indicated at the General  Council meeting a few days ago, Mauritius will 
support initiatives that go in the direction of upholding Public Health.  
163.  COVID -19 has severely impacted on  the National Budget as we seek to preserve Public Health 
whilst at the same time economic growth has come to a standstill. Our trajectory towards the 
achievement of the Sustainable Development Goals has been challenged as funds are diverted 
towards efforts aimed at fighting the pandemic.  
164.  I am sure many countries have been through similar experiences and i n particular Small Island 
developing countries  which have felt their vulnerability further exacerbated.  
165.  One aspect which came to the fore for us during this time was the issue of Remoteness, 
distance from our export destinations and our supply chains.  
166.  Two words will guide us in future when looking at Public Health Initiatives : Affordability and 
Accessibilit y. 
167.  It is from this Perspective that Mauritius supports the Initiative put forward by India and 
South  Africa.  
168.  It is not that we do not understand the value of Innovation or indeed the efforts we need to 
make to preserve Innovation. But in a situation of war , one needs exceptional measures.  
169.  We fully support  this initiative.  
15.26   Colombia  
170.  Colombia wishes to thank the delegations of South Africa and India for submitting the 
communication on the waiver from certain provisions of the TRIPS Agreement for the prevention, 
containment and treatment of COVID -19. We have always expressed our interes t in making the 
most of the TRIPS Council as a forum for coordination and constructive discussion among 
WTO Members.  
171.  We note that there are interesting aspects that may be useful. I should also point out that the 
document is still being reviewed by the rel evant authorities in my capital, for which reason we will 
refrain from addressing the content of the proposal. Nevertheless, as we have stated previously, I 
wish to stress that this is a significant discussion, because we consider the interaction between t he 
protection of intellectual property rights and public health to be of great importance.  JOB/IP/41  
 
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  15.27   El Salvador  
172.  As is the case worldwide, the Covid -19 pandemic has been a tough and unexpected blow to 
our country. The Government of El Salvador has stepped up its eff orts to support affected sectors 
of the population. Despite intensive and early efforts to prevent the virus's entry into national 
territory, we were ultimately unable to contain its entry and spread. In addition to the loss of human 
life and the health cr isis, the economy has been hard hit and the Government is therefore 
implementing an economic recovery plan.  
173.  In light of this, we wish to stress the importance that we as a country attach to the 
comprehensive handling and management of the Covid -19 health c risis and of any tool that may 
serve such purposes. We are currently considering the proposal internally.  
174.  During this analysis, a need for greater clarity on some aspects of the proposed decision has 
arisen. We are therefore seeking to meet bilaterally wit h the proponent delegations in the coming 
days, so that we are able to continue our internal analysis and consultation process . 
15.28   Mali 
175.  The sudden emergence of coronavirus has brought out humans ' most basic survival instincts. 
Many Members have taken protecti onist measures that, although temporary, may have dramatic 
consequences:  
a. - Export restrictions on basic foodstuffs, medical products, pharmaceuticals and medical 
equipment;  
b. - The imposition of compulsory licences, which, despite the WHO 's alarming projecti ons, 
deprives the poorest of adequate care and the means to protect themselves from the 
virus.  
176.  These restrictive measures, combined with the border closures imposed across the world, have 
exacerbated the damaging effects of the pandemic in LDCs and small, vulnerable economies, pushing 
tens, if not  hundreds, of  millions of people into insecurity and extreme poverty.  
177.  Landlocked LDCs, such as Mali, have been particularly hard hit.  
178.  Access to affordable medicines and vaccines should be a right for all, yet it re presents an 
immeasurable challenge for our low -income countries. For LDCs and even certain developing 
countries, it is vital for Article 66.2 of the TRIPS Agreement to be effectively applied and implemented 
so that we can benefit from the transfer of techn ology needed to manufacture medicines and 
vaccines.  
179.  In the 21st century, no country should be left unable to care for its citizens. No human being 
should be forced to make the impossible choice between feeding their family members or securing 
medical care for them. Unfortunately, this is very often the case in our countries.  
180.  The virus has shown that it can hit anywhere, regardless of level of development. It has shown 
that it cannot be stopped by border closures and does not require an entry visa to travel.  Help us, 
the most vulnerable, to fight it with the right weapons, by redressing the grievances expressed in 
this meeting . 
181.  In conclusion, Mali fully endorses and supports the communications from India and 
South  Africa, as well as the one submitted by Chad on behalf of the LDC Group. The waiver under 
Article  66.1 of the TRIPS Agreement should be extended for as long as LDCs exist.  
15.29   Jamaica  
182.  Jamaica wishes to join other delegations in thanking the co -sponsors of this proposal. It is 
being studied in Capital and we will revert with more detailed comments at a later date.  JOB/IP/41  
 
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  183.  Jamaica has not been speared the impact of the COVID -19 pandemic. With an infection rate 
of close to 8000 and 151 deaths, Jamaica sees the discussion of TRIPS and public health as taking 
on an added level of significance.  
184.  We have long advocated for the WTO to play a critical role in balancing the protection of 
intellectual prope rty rights on the one hand with affordable and equitable access to medicine and 
other protected health products, especially for developing countries.  
185.  We do welcome the discussion at this important juncture. We do listen to the views expressed 
and remain of  the view that we can find convergence on these issues in a manner that balances the 
interests of access, affordability and the encouragement of innovation.  
186.  Jamaica stands ready to contribute to this discussion as we seek to manage this global 
challenge.  
15.30   European Union  
187.  The European Union fully shares concerns expressed by various Members about pandemic 
caused by COVID -19 and its devastating impact on people 's health and wellbeing as well as on 
economic prosperity.  
188.  Safe and effective diagnostics, treatments and vaccines are crucial in the fight against 
COVID -19. In a global pandemic only broad and equitable access to vaccines across the globe will 
ensure that the public health crisis can be tackled effectively , including in developing countries that 
have no production capacities or more limited financial resources.  
189.  We need to find solutions for everyone, whether in the developed or developing countries, 
because it is a challenge we face together and because no  one is safe until everyone is safe. The 
European Union stands committed to work with all Members on this global challenge.  
190.  Researchers and pharmaceutical industry, supported by public funding, have put extraordinary 
efforts into the development of future treatments and vaccines against COVID -19. A well -functioning 
intellectual property rights system is crucial to ensure that these efforts are adequately incentivised 
and rewarded.  
191.  There is no indication that IPR s issues have been a genuine barrier in relati on to 
COVID -19-related medicines and technologies. While we agree that maintaining continued supply of 
such medicines and technologies is a difficult task we all face, non -efficient and underfunded 
healthcare and procurement systems, spike in demand and la ck of manufacturing capacity or 
materials are much more likely to have an impact on the access to those medicines and technologies.  
192.  A well -functioning IPR s system, including its wide range of exceptions and flexibilities, is part 
of the solution rather th an an obstacle. It is our view that we should concentrate on the key current 
challenges:  
a. rapidly developing safe and effective treatment or vaccine against COVID -19;  
b. increasing manufacturing capacity;  
c. keeping global supply chains open; and 
d. ensuring broa d and equitable global distribution of treatments and vaccines once they 
become available.  
193.  We would like to present in more detail how the European Union tackles these challenges.  
194.  The absolute priority and a major challenge at the moment is the rapid deve lopment and rolling 
out of safe and effective treatments and vaccines against COVID -19. Vaccine development is a 
complex and lengthy process, which normally takes around ten years. The public funding and support 
is contributing significantly to the develop ment of the future vaccines, potentially within a timeframe 
between 12 and 18 months. However, it is the researchers and the industry with their know -how, 
previous and current investment that will be delivering these new vaccines, including the running of JOB/IP/41  
 
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  clinical trials in parallel with investing in production capacity to be able to produce millions, or even 
billions, of doses of a successful vaccine. This work must be incentivised and adequately rewarded 
and the IPR s system is one the main economic incent ives. 
195.  We note that public financing of research and development of the innovative treatments and 
vaccines can be subject to certain conditions. For example, the European Commission has published 
a Manifesto for EU COVID -19 research to encourage recipients of EU funding to make research 
results accessible to all. Recent Horizon 2020 COVID -19 calls have also included a temporary 
obligation to license results on a non -exclusive basis and at fair and reasonable conditions.  
196.  Once the treatment or the vaccine is a vailable, the manufacturing of these treatments and 
vaccines at such an unprecedented scale and within an unprecedented timeline is likely to be the 
most problematic issue to be tackled. We should collaborate and assist the pharmaceutical sector in 
ramping  up the manufacturing capacity. To tackle current and future supply side shortages, the 
European Commission signed and continues discussing further pre -purchase agreements that 
incentivise and enable the pharmaceutical sector to build and prepare large -scale production facilities 
once effective treatments and vaccines become available.  
197.  Being aware of the importance of the global supply chains in the pharmaceutical sector, the 
EU is discussing with some WTO partners a possible WTO 'trade and health ' initiati ve with the aim 
to facilitate global access to affordable healthcare products, including for vulnerable countries 
without appropriate manufacturing capacities. The goal is to make supply chains more resilient and 
diversified and to support efforts to build  strategic reserves of critical equipment. This initiative 
would cover issues such as establishing a scheme of global cooperation in times of health crisis in 
order to remove unnecessary barriers to trade, abolishing tariffs on pharmaceutical and medical 
goods, enhanced transparency and trade facilitating measures.  
198.  Finally, global collaboration is the only way to overcome a global pandemic. At present, 
international efforts are being made to ensure equitable distribution of affordable vaccines, in 
particul ar to the most vulnerable populations. To enable broad and equitable global distribution of 
treatments and vaccines, the EU has taken a leading role in the Global Coronavirus Response where 
so far nearly EUR 16 billion have been pledged for universal acces s to tests, treatments and vaccines 
against COVID -19 for the global recovery.  
199.  In collaboration with the WHO, the European Commission is actively supporting the Access to 
COVID -19 Tools Accelerator (ACT -A) and its vaccine pillar – the COVAX  Facility. In September, the 
European Commission announced that it would fully participate in the COVAX  Facility for equitable 
access to affordable COVID -19 vaccines everywhere, for everyone who needs them. As part of a 
Team Europe effort, the Commission c ontributes EUR 400 million in guarantees to support COVAX  
and its objectives in the context of the Coronavirus Global Response.  
200.  The EU considers that on the basis of the global innovation system, with the necessary IP tools 
such as patent pools and procure ment arrangements as the COVAX  Facility in place, existing and 
new treatments, and ultimately vaccines, can be made available and effectively deployed rapidly 
across the globe.  
201.  The TRIPS Agreement together with the principles endorsed in the Doha Declarat ion, is fit for 
purpose and allows for the necessary flexibilities in relation to IPR s protection, including in the case 
of a health emergency, such as the COVID -19 pandemic.  
202.  If all voluntary solutions failed and IP became a barrier to treatments or vacci nes against 
COVID -19, mechanisms to overcome it are already available. The EU has consistently supported the 
use, where necessary and justified, of the flexibilities provided under the TRIPS Agreement and the 
Doha Declaration with the objective of ensuring  effective access to medicines.  
203.  In particular, the TRIPS Agreement provides for the possibility, under certain conditions, of 
issuing a compulsory licence for local consumption of medicines and provides for fast -track 
procedures in health emergencies.  The TRIPS Council Secretariat has, regularly and consistently, 
offered its services to any WTO Member that sees itself in the need of getting help to manage the 
process of Article 31 bis. This was confirmed in the presentation we saw the previo us day . JOB/IP/41  
 
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  204.  This system is accompanied by other inbuilt TRIPS flexibilities, applying to the various IP rights. 
In addition, we note that the least developed countries are exempt from the application of the 
TRIPS  Agreement and, in particular, its pharmaceutica l-related provisions.  
205.  Public health in light of the pandemic is a clear and undisputed priority. No effort must be 
spared to obtain safe, effective and affordable treatments, vaccines, tests and medical devices 
necessary to fight this pandemic and to ensur e that these products are equitably distributed on a 
global scale. However, all these efforts must be geared towards addressing genuine challenges in 
this pandemic with appropriate solutions.  
15.31   United States of America  
206.  The United States is committed to work ing with international partners in identifying practical 
ways both to increase access to safe, effective, affordable and lifesaving medicines around the world 
and to support policies that drive the development of new medicines . 
207.  Intellectual property encour ages innovation, incentivizes research and development, and can 
facilitate manufacturing and distribution, thus helping to expand access to medicines around the 
world. These core features of intellectual property are necessary for the global community to f ind 
and develop treatments and cures for this deadly pandemic and to support economic recovery.  
208.  IP plays a key role in facilitating access to today 's medicines and enables investments in R&D 
that lead to tomorrow 's cures. IP promotes collaboration that is essential for the rapid development 
of new treatments and cures, particularly during crises like COVID -19. 
209.  We have the shared objective of helping to ensure the swift delivery of potential COVID -19 
therapeutics an d vaccines around the globe. We believe that facilitating incentives for innovation 
and competition to develop, test, and produce safe and effective therapeutics and vaccines for the 
COVID -19 response, including by respecting intellectual property rights, and supporting industry -led 
collaboration and voluntary knowledge sharing, will best achieve our shared objective.  
210.  As we have stated in past discussions, IP is an important piece, but ultimately only one piece 
of addressing the issue of access to any poten tial therapy. We believe that IP has not been an 
obstacle in addressing the pandemic but rather has motivated global efforts to find treatments and 
cures. Limits to manufacturing capacities and supply chain issues, for example, are of much greater 
concern,  especially for vaccines, given the need to provide access to the entire global population. 
We also must be concerned about the pandemic creating the opportunity for the increase of 
counterfeit COVID -19 pharmaceuticals, which are in and of themselves a thr eat to health and safety. 
In fact, the perspective that IP is a barrier to access to medicines is often voiced by governments 
that have significant barriers like taxes and tariffs in places that affect access.  
211.  Where intellectual property rights exist, the y can be licensed to companies around the world 
to scale up manufacturing. But if the time needed to get the required regulatory approvals is too 
long, and other barriers make the cost of products too high, the raw materials or labour  needed are 
unavailabl e, or the market is flooded with counterfeit goods, then safe and effective access to needed 
treatments and equipment would be affected.  
212.  The United States does not support the waiver proposal of India and South Africa. Weakening 
IP protection and enforceme nt would be counterproductive to our global fight against COVID  through 
the creation of needed medical technologies and would not address the current, main challenges to 
access concerning manufacturing and raw material resources.  
15.32   Switzerland  
213.  The COVID -19 Pandemic poses an enormous challenge to the global community. The urgent 
need for a new vaccine and effective medical products to combat the novel coronavirus is out of 
question.  
214.  Switzerland fully acknowledges the challenges that come with the current pan demic. In these 
trying times, it is imperative for WTO Members and all stakeholders, whether public or private, 
non-governmental, scientists and researchers, to collaborate in close partnership to ensure rapid, JOB/IP/41  
 
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  affordable and equitable access to medical pr oducts. So how can we best ensure access at a global 
scale?  
215.  Under the heading of COVID -19, the authors of document  IP/C/W/669 propose a sweeping 
waiver from the implementation, application and enforcement of most of the intellectual property 
protection th at the TRIPS Agreement provides for.  
216.  Switzerland shares the concern that individual Members and the international community must 
now do everything that is necessary to ensure affordable and equitable access to COVID -related 
medical products globally.  
217.  Howev er, Switzerland does not believe that a TRIPS waiver is the right way forward to achieve 
this goal. On the contrary, we are convinced that such a move would have the opposite effects from 
those looked for.  
218.  The intellectual property system has been and cont inues to be a pivotal factor ensuring a 
pipeline of innovative pharmaceutical products, including vaccines  to work . It is the reliable legal 
framework which provides the foundation for stakeholders, for the public and private actors, to 
invest, work and in novate together.  
219.  IP rights, and in particular patents, spur stakeholders ' interaction, and enable them to share 
information, knowledge and data, to aliment the global databases, license in and out technology, 
and to do what is necessary to eventually scale  up capacity.  
220.  Declaring a TRIPS waiver for COVID -19 would mean to put into question the foundation of a 
large part of the investments and efforts currently undertaken to research and develop a vaccine 
and medical products against the novel coronavirus. It would risk to undermine the partnerships 
that bring about first results in the fight against the global pandemic.  
221.  Rather, we need to ensure that the unprecedented collaboration between all relevant actors, 
who have come together over the past few months to  do everything possible to contain the crisis, 
continues without disruption.  
222.  This being said, as soon as R esearch & Development  for a new vaccine and medicines against 
the novel coronavirus will succeed, equitable and affordable access to these innovative products 
must be ensured. To meet this challenge, all relevant factors need to be taken into account that 
determine access.  
223.  It is important that we continue to address the challenges ahead in a holistic and sustainable 
manner, and within the rules -based mu ltilateral trading system.  
224.  The TRIPS Agreement, strikes the right balance, provides for the necessary means and 
remedies to allow the use of protected content and products, should voluntary mechanisms fail. In 
such an instance, a country may make use of th e flexibilities which WTO Members confirmed in the 
Doha Declaration on TRIPS and public health.  
225.  We should avoid sweeping measures resulting in a comprehensive revocation of rights for the 
time of the pandemic which would disincentivize efforts underway.  
226.  Rather, the collaborations and partnerships currently engaged in the search of a new vaccine 
and medicines against the virus must be deployed to work for broad and equitable.  
227.  We need to continue working at the multilateral level and supporting global initiatives. Several 
mechanisms, which facilitate access to medicines and other health technologies to fight diseases 
other than COVID -19 for the poorest countries, already exist. These are voluntary collaborations 
between the private and public sectors and international initiatives. For COVID -19, we should build 
on the ample experience that is already there.  
228.  Among the many initiatives  under way, I would like to highlight the COVID -19 Vaccine Global 
Access facility ( COVAX ) and the Gavi COVAX  Advance Market Commitment (AMC). These and others JOB/IP/41  
 
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  take IP as an important basis for the cooperation of the participating stakeholders and their joint 
endeavour . 
229.  Switzerland has released CHF 400 million in support of international action in response to 
COVID -19. Working together with partners and the relevant international organizations to find global 
solutions for access and an equitable distribution of COVID -19 medical products for all count ries, 
Switzerland supports all three pillars of the Access to COVID -19 Tools (ACT) Accelerator. This to 
ensure global collaboration to accelerate and scale up development, production and equitable access 
to diagnostics, treatments as well as a future COVID -19 vaccine.  
230.  Switzerland further supports international partnership organizations such as Coalition for 
Epidemic Preparedness Innovations (CEPI) or the vaccines alliance GAVI. They have a leading role 
together with the ACT Accelerator in the process, cover ing the four pillars of access in the response 
to the pandemic.  
231.  As part of the holistic response to the challenges we face, we also welcome the recent 
initiatives aiming at facilitating international trade in essential goods in order to promote more 
resilient and diversified supply chains.  
232.  To sum up, partnerships, multilateralism, a sound and reliable legal framework and IP 
protection as provided by the TRIPS Agreement are essential for the collaboration that we see now 
engage in the process of innovative r esearch and development for a vaccine and effective treatments 
against the novel coronavirus. Switzerland calls on Members to engage in and contribute to those 
international initiatives and partnerships, which in that collaborative spirit prepare and work towards 
ensuring equitable access.  
233.  Let's hope for the best, that we will soon have such a new vaccine and safe, medical products 
at our disposal against the novel coronavirus, to fight the pandemic effectively together.  
15.33   Japan  
234.  Japan recognizes the need for all Members to have unhindered timely access to quality, safe, 
efficacious and affordable diagnostic kits, medicines, vaccines, and essential medical technologies 
for the COVID -19 response.  
235.  In this regard, research and development (R&D) activities for med icines and vaccines, which 
would be effective for COVID -19, have been intensively progressing thus far. Each Member needs 
to do their utmost to support research institutes and pharmaceutical companies for development of 
such medicines and vaccines and prov ide them incentives for such development. In addition, it is 
essential to support the initiatives which allow all Members, including developing countries, to be 
able to readily access these medicines and vaccines.  
236.  We understand that intellectual properties  play a central role in providing incentives for 
developing such medicines and vaccines, and relevant medical technologies. If the obligations of 
protection and enforcement of IP rights under the TRIPS Agreement were waived, incentives for the 
development would be undermined. As a result, this would not only hinder the development of 
medicines and vaccines effective for COVID -19, but also diminish incentive to invest substantial time 
and money in developing treatments of infective disease and for the next g lobal health crisis as well.  
237.  Furthermore, in the midst of this COVID -19 crisis, it should be noted that many companies 
and researchers are working to ensure access to effective medical products and useful information 
for combatting COVID -19 through volunta ry efforts including licensing IPs, waiving their IP rights 
enforcement, publishing scientific data, and providing copyrighted works.  
238.  Japan is of the view that this proposal does not indicate sufficient grounds that the existing 
framework is not working we ll. Furthermore, the proposal does not fully explain the necessity for 
waiving any sections of the TRIPS Agreement.  
239.  Therefore, even though Japan recognizes the need for unhindered timely access to essential 
medical products, Japan is not in the position to  support this proposal.  JOB/IP/41  
 
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  15.34   Norway  
240.  We would like to thank Eswatini, India, Kenya and South Africa for their proposal. Norway 
attaches great importance to tackling the global health challenges in the context of COVID -19, 
including providing access to the necess ary medical products for all. To develop and produce, in 
sufficient amount, all necessary products, whether protected by patents or not, international 
cooperation is crucial and there are many strategies being employed by governments to achieve the 
best po ssible outcome.   
241.  Norway believes that the availability of medicines and other medical products in the context 
of COVID -19 is a very important and multifaceted issue which needs a balanced and coherent 
approach. There is a range of factors weighing in with respect to these issues, at both the 
international, regional and national levels. All aspects should be considered together, not only the 
aspects related to intellectual property.  
242.  The COVID -19 pandemic is one of the worst health crises that the world has e ver faced. 
Everyone is affected, but yet again we see that the most vulnerable and marginalized are 
disproportionately impacted. Testing, treatment and vaccines for COVID -19 should be accessible for 
everyone as they become available.  
243.  To achieve this object ive of equitable access, Norway is heavily engaged in the ACT -Accelerator 
– or ACT -A. Through this partnership between governments, scientists, businesses, civil society, and 
philanthropists and global health organizations Norway is a member of COVAX  where  we have 
pledged approximately USD 25 million ( NOK 230 million) to the COVAX  AMC to secure fair access to 
vaccines for low income countries. Together with President Ramaphosa of South -Africa, our Prime 
Minister Solberg is co -chairing the ACT -A Facilitation  Council where we are working to raise the 
necessary political awareness and finances for ACT -A. Equitable access is a top political priority for 
us and we hope to partner with all of you to make it a reality.  
244.  Likewise, the COVID -19 Technology Access Pool (C-TAP) will compile, in one place, pledges of 
commitment made under the Solidarity Call to Action to voluntarily share COVID -19 health 
technology related knowledge, intellectual property and data. Norway supports voluntary 
mechanisms for sharing of patent s and we would like to encourage private companies to share 
COVID -19 related knowledge and patents during the pandemic. Some companies have come forward 
with voluntary licenses or pledged not to invoke their patent rights during the pandemic.  
245.  The TRIPS Agr eement provides for minimum standards of IPR s protection, while at the same 
time providing for the possibility of compulsory licensing of patents under the conditions set out in 
the agreement, which particularly aim at providing flexibility in situations o f national emergencies 
and extreme urgency such as the COVID -19 pandemic. Thus, this is already catered for by the 
TRIPS  Agreement.  
246.  A balanced and coherent approach requires that both the incentives for the development of 
new medicines and medical products  to tackle COVID -19 provided by the availability of intellectual 
property rights protection – as well as the need for national flexibilities to make exceptions in 
extreme situations, must be taken into account. The WTO system is in our view already reflect ing 
the required balance in this respect.  
247.  To introduce even further and very broad exceptions related specifically to COVID -19 as 
proposed, seemingly opening for providing no IPR s protection at all for COVID -19 related products 
under the discretion of national authorities, would mean a setback for the incentives for innovation 
in the field of medicines and medical products related to COVID -19, as well as it would provide legal 
uncertainty with respect to what  the relationship would be between such derogation provisions and 
the already existing provisions on compulsory licensing in TRIPS.  
248.  Against this background, Norway believes that the already existing flexibilities of the 
TRIPS  Agreement are sufficient, and cannot support the current proposal.  JOB/IP/41  
 
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  15.35   United Kingdom  
249.  The United Kingdom would like to thank Eswatini, Kenya, India and South Africa for introducing 
this agenda item and giving the Council an opportunity to discuss this very important issue.  
250.  The UK has long supported affordable and equitable access to essential medicines, including 
in low and middle -income countries. In this vein, intellectual property rights provide incentives to 
create new inventions, such as life -changing vaccines, treatments, and tec hnologies.  
251.  The UK believes that a robust and fair intellectual property system is a key part of the 
innovation framework that allows economies to grow, while enabling society to benefit from 
knowledge and ideas.  
252.  In the current pandemic, we must acknowledge  the IP system is not just made up of rights, 
but it also contains built -in mechanisms to support the sharing and dissemination of innovation and 
creativity. Flexibilities such as limitations and exceptions to IP rights have already proved invaluable 
to the development of digital solutions to support diagnostics and treatment. Text and data mining 
exceptions have been used in initial research into COVID -19, including for tracking and predicting 
its spread and are being used in the search for treatments.  
253.  Beyond hypotheticals, we have not identified clear ways in which IP has acted as a barrier to 
accessing vaccines, treatments, or technologies in the global response to COVID -19. 
254.  A waiver to the IP rights set out in the TRIPS Agreement is an extreme measure to  address 
an unproven problem. The UK is of the view that pursuing the proposed path would be 
counterproductive and would undermine a regime that offers solutions to the issues at hand. Rather, 
we should consider how to meet the objectives of prevention, co ntainment and treatment of 
COVID -19 as set out in the communication.  
255.  Multiple factors need to be considered to ensure equitable access for all to COVID -19 vaccines. 
These include increasing manufacturing and distribution capacity, measures to support or in centivise 
technology transfer, ensuring global supply chains remain open, and ensuring that effective 
platforms are utilised to voluntarily share IP and know how.  
256.  There are existing mechanisms that facilitate the sharing of IP through voluntary licensing o f 
intellectual property. Organisations like the WHO are developing initiatives by learning lessons from 
these mechanisms. For example, expanding the mandate of an existing organisation such as the 
Medicines Patent Pool to address needs emerging from COVID -19. 
257.  The world urgently needs access for all to safe, effective, quality, and affordable vaccines, 
diagnostics, medicines, and other health technologies to enable an effective response to the 
COVID -19 pandemic, which is why a strong and robust multilateral IP system that can meet this 
challenge is vital.  
258.  The UK has played a leading role in financing the global effort and working with our 
international and national partners, to identify end -to-end solutions that ensure affordable access 
for all and ensuring n o-one is left behind, including the poorest and most vulnerable.  
259.  For example, the UK has been leading the way in delivering a multilateral solution to COVID -19 
vaccines, therapeutics, and diagnostics such as by committing GBP 298 million to the COVAX  
Advan ce Market Commitment (AMC), with GBP 250 million more available as "matched funding " if 
others commit USD 1 billion by December. We urge other Members to join the COVAX  AMC in order 
to secure manufacturing capacity for 92 low and middle -income countries. T his will support equitable 
access and will demonstrate that a multilateral response can rise to global challenges.  
260.  We are also committed to collaborating with public and private partners in the UK and 
internationally, including exploring voluntary arrangem ents and approaches such as non -exclusive 
voluntary licensing which promote affordable access for all while also providing incentives to create 
new inventions, to accelerate development and equitable access in all countries to affordable health 
technologie s for responding to COVID -19. JOB/IP/41  
 
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  261.  We would like to encourage active dialogue between industry and governments to explore how 
best to work together to prevent, contain and treat COVID -19, including by using TRIPS -compliant 
licensing models in developing countri es. While we welcome discussion of this issue and acknowledge 
the concerns of the co -sponsors as set out in their communication, we do not consider a waiver of 
the TRIPS Agreement to be an effective way to achieve the objectives outlined in the communicati on. 
262.  As we said in the informal consultation on standing TRIPS Council matters, we would be happy 
to participate in a workshop or other event that can support understanding how best the IP system 
can meet the objectives of Members in relation to COVID -19. 
15.36   Brazil 
263.  The COVID -19 pandemic is an unprecedented human tragedy, with severe economic 
implications.  
264.  The Brazilian Government has been working to mitigate the health and economic impacts of 
the crisis domestically and has strengthened scientific collaboration  with international partners in 
the search of possible solutions, such as a vaccine.  
265.  It is in the interest of all Members to guarantee adequate access to medicines and therapeutics 
for the disease.  
266.  The intellectual property system has been envisaged to st rike a balance between access and 
protection, between public and private interest.  
267.  And it is our job to make sure that the appropriate balance is attained. This is not always an 
easy task.  We have crafted a system that allows for some carve -outs, for limit ations and exceptions, 
to tackle situations as the one we are living.  
268.  We believe that the TRIPS Agreement provides us with tools and policy space for Members to 
take measures to protect public health.  
269.  Brazil has been an historic promoter of TRIPS flexibili ties and of the right of WTO Members to 
use, to full extent, the provisions in the TRIPS Agreement.  
270.  We therefore believe that solutions can be legitimately sought within the system.  
271.  This does not mean that the system is not amenable to improvement, as we h ave done in 
2003 with the inclusion of the Article 31 bis Amendment to the TRIPS Agreement.  
272.  The COVID -19 crisis is a textbook example of the balance we should strike with the intellectual 
property system. On the one side, we want innovation systems (public and private) to be fully 
mobilized in the search for solutions to the pandemic. On the other, it is necessary that any solution 
produced be widely available.  
273.  At this point in time, we are not convinced that a waiver to the TRIPS Agreement would 
guarantee us meaningful improvement of access, while it might give the wrong signs to innovators 
and potentially hinder efforts to produce the solutions we need.  
274.  We should use this opportunity to exchange among ourselves any concrete difficulties faced 
in imp lementing TRIPS flexibilities for the purpose of prevention, containment and treatment of 
COVID -19, further enhancing our understanding of how limitations and exceptions could serve those 
purposes.  
275.  We must also be honest in recognizing that not all difficu lties encountered are attributable to 
the agreement itself. They may relate to limitations in national legislation or pertain to a larger range 
of issues that fall outside the scope of the agreement and may impact access to COVID -related 
therapeutics and t echnologies.  JOB/IP/41  
 
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  276.  Brazil remains open, as usual, to discussing any proposals that aim at improving the 
intellectual property system and its balance of interests in line with the legitimate aspirations of 
Members.  
15.37   Mozambique  
277.  The delegation of Mozambique would like to welcome and commend the delegations of 
South  Africa and India as well as the co-sponsors for the proposal put forward ( document 
IP/C/W/669), in view for a waiver from certain provisions of the TRIPS Agreement, for prevention, 
conta inment, and Treatment of COVID -19 . 
278.  COVID -19 is an unprecedented pandemic disease, facing the global community for long, and, 
it continues to challenge the world. It is a fact that it has been disproportionately affecting the 
countries and, due to diversit y on the country 's economic and development levels, the responses 
vary from one to another, being more critical in developing and least developed countries due to 
limited capacity to cope with the pandemic .  
279.  The calls for solidarity, cooperation and collab orative efforts have been continuously put 
forward in view to help countries to contain, reduce and even eliminate the transmission of COVID -19 
including its elimination as such. A lot has been done in view to respond to the above appeals but, 
as it can be  seen, given the nature of the COVID -19 pandemic disease; it seems factual that the 
global community is still very far from reaching a stage in which no more lives could be lost as well 
as infections not occurring.  
280.  This facts show clearly that all that has  been done so far is still insufficient to solve the problem, 
and , thus, meaning that a massive involvement is required so as to produce the necessary testing 
materials, vaccines, medicines, medical equipment and all needed tools and other  elements.  
281.  For our delegation, the proposal in debate is of utmost importance and very timely due to the 
current situation and, it would bring flexibility that would extensively help to update the current 
status of availability and access to the needed medical and technol ogical goods.  
282.  According to the proposal, the request is objectively addressed, as it foresees a limited 
duration, thus, envisaging to be lasting solely while COVID -19 Pandemic disease continue to face 
the humanity. Till now, there is no certainty as to whe n will the vaccines and or certain medical 
drugs be encountered and or approved to be efficient to eradicate COVID -19. 
283.  Along with the above reality, even if vaccines and or other medicines are approved, there is 
no certainty if they are going to be accessi ble, rapidly available and even affordable to all.  
284.  We totally support the proposal. If accepted and operationalized, it can enable countries to 
substantially contribute to respond to internal needs, and help to address the needs that are so far 
not suffici ently responding  to the  huge, not only current but near future challenging demands.  
285.  We associate ourselves to the statement made by the Africa Group and others who positively 
appreciates the proposal.  
286.  To conclude, our delegation expresses support to the a bove-mentioned proposal.  
15.38   Canada  
287.  Canada 's longstanding view is that IP rights can serve as an important incentive to innovation, 
while ensuring that there is an appropriate balance between protecting IP rights and promoting 
access to medicines and other hea lth care technologies. Canada remains supportive of the existing 
multilateral legal framework under the TRIPS Agreement, which already establishes an important 
balance among these areas.  
288.  We note that TRIPS contains important flexibilities for various categ ories of IP rights under the 
Agreement, and that the Doha Declaration on the TRIPS Agreement and Public Health affirms the 
rights of WTO Members to make use of flexibilities for the purpose of protecting public health and 
promoting access to medicines.  JOB/IP/41  
 
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  289.  Canada also reminds that IP rights are only one part of a broad discussion informing the 
availability and accessibility of medicines; indeed, as the Doha Declaration emphasizes, the 
TRIPS  Agreement is part of the wider national and international action to add ress public health 
problems.  
290.  With respect to the COVID -19 pandemic, and as a complement to our own procurement efforts, 
Canada has made significant investments to ensure that COVID -19 vaccines, therapeutics, and 
diagnostics are affordable and equitably dis tributed globally. For instance, Canada is highly 
supportive of the Access to COVID -19 Tools (ACT) Accelerator, which provides a critical platform for 
global cooperation towards the development, production, and distribution of safe and effective 
COVID -19 m edical interventions. On 27 June 2020, the Government of Canada committed 
CAD 120 million (or roughly USD  91 million) in support of the activities of the ACT Accelerator. On 
25 September 2020, Canada announced a CAD  440 million (or approximately USD  335 million) 
contribution to the COVAX  Facility and Advance Market Commitment (or COVAX  AMC), to facilitate 
rapid, fair and equitable access to COVID -19 vaccines for all countries, regardless of income level. 
As part of this commitment, C anada has allocated CAD  220 million (or approximately USD  167 
million) to the COVAX  AMC to purchase vaccine doses for low - and middle -income countries.  
291.  Canada remains fully available to discuss the specific challenges faced by Members in procuring 
COVID -19 treatments and other related technologies, so that Members may identify what WTO and 
other avenues would provide the best ways forward, as appropriate and in coordination with other 
efforts at the WTO, WHO, and other institutions. Canada also remains full y available to discuss the 
specific challenges of Members in using the special compulsory licensing system under the 
TRIPS  Agreement, and to discuss Canada 's own experience with this system.  
292.  We are also open to hearing more from proponents of the document IP/C/W/669 proposal on 
the specific problems and gaps that this proposal would seek to address as well as the views of other 
Members.  
15.39   Australia  
293.  Australia thanks India and South Africa for their communication.  
294.  Australia recogni zes the communication 's conce rn that COVID -19 represents an 
unprecedented disruption to the global economy and world trade, and that the world requires rapid 
access to affordable medical products, including vaccines and medicines.  
295.  As Prime Minister Morrison made clear at the UN Gener al Assembly the previous  month, there 
is a global and moral responsibility on all countries to share a COVID -19 vaccine far and wide :  
a. Prime Minister Morrison made clear that if Australia finds a vaccine, we will share it, and 
the Prime Minister urged all countries to make that pledge.  
296.  To this end, Australia has committed USD 80 million to the Gavi COVAX  Facility Advance 
market Commitment, which will improve access for 92 developing countries to safe, effective and 
affordable COVID -19 vaccines : 
a. and we 've committed a further USD 23.2 million for a COVID -19 Vaccine Access and Health 
Security Program me for the Pacific and Southeast Asia ; and   
b. we have also invested USD 20 million the development of COVID -19 vaccines in Australia 
for the greater global good and a USD 7.5 million contribution to the Coalition for Epidemic 
Preparedness Innovations which is supporting nine of the leading COVID -19 candidates 
globally.  
297.  Australia sees well -functioning and well -understood international trade and IP rules, including 
their flexibilities, as a necessary tool in delivering universal access to COVID -19 medical products 
and technologies, such as vaccines  after all, the COVAX  Facility is underpinned by international IP 
rules.   JOB/IP/41  
 
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  298.  To this end, Australia cannot support the waiver of Sections 1, 4, 5 and 7 of Part II of the 
TRIPS Agreement  
a. at a time when we must come together to address the complex and broad -ranging 
challenges posed by COVID -19, this waiver could upend global supply chains, spread 
uncertainty and undermine international rules.  
299.  Intellectual property plays a key role in incentivising the often costly and timely 
development  of important health products referred to in the c ommunication  
a. the waiver may jeopardise the private investment that has been instrumental in driving a 
number of vaccines towards the final stages of phase III testing.  
300.  Australia also recogni zes that beyond IP rules, other trade -related measures have an im portant 
role in helping members respond to COVID -19: 
a. to this end, we underscore the importance of domestic regulations that support the free 
flow of technology and vital health products, and the need to resist disproportionate export 
restrictions.  
301.  But Aus tralia acknowledges that international rules must support quick, fair, predictable and 
implementable access arrangements to vital health products, including vaccines : 
a. consistent with the concerns raised in the communication, we recogni ze the need for all 
members to fully understand their rights and obligations under the TRIPS Agreement and 
its flexibilities  
b. to this end, we would support the provision of further information to members regarding 
the application of the TRIPS Agreement and its flexibilities.  
302.  It is Australia 's view that a harmonious, well -functioning and clearly understood international 
IP framework, underpinned by the rules and flexibilities set out in the TRIPS Agreement, is crucial 
in ensuring members can address the challenges posed by COVID-19 fairly and in a timely manner.   
15.40   Honduras  
303.  We welcome the proposal submitted by India and South Africa.  
304.  Our country considers that such a proposal may be a good initiative for seeking solutions in 
light of the current worldwide situation due to COVID -19. 
15.41   Holy See  
305.  Since this is the first time my delegation is taking the floor during the current session of the 
TRIPS Council, allow me to begin by congratulating you on your assumption of the Chairmanship 
and by assuring you of the full engagement of the Ho ly See.  
306.  Pope Francis has recently reminded us that "a worldwide tragedy like the COVID -19 pandemic 
momentarily revived the sense that we are a global community, all in the same boat, where one 
person 's problems are the problems of all. Once more we realize d that no one is saved alone; we 
can only be saved together ". As has emerged over the last months, and has been consistently 
recalled by this delegation, "access to affordable medicines no longer represents a challenge just for 
the least developed and othe r developing countries; it has also become an increasingly urgent issue 
for developed countries ". In the context of the current global emergency, it is important for the 
international community as a whole, and for WTO Members in particular, to work togethe r to ensure 
that intellectual property rights, such as patents, industrial designs, copyrights and the protection 
of undisclosed information, do not create "barriers to the timely access to affordable medical 
products including vaccines and medicines or to  scaling -up of research, development, manufacturing 
and supply of medical products essential to combat COVID -19". JOB/IP/41  
 
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  307.  A well -designed intellectual property system must balance the private rights of inventors with 
the public needs of society. International inte llectual property regulations reflect the premise, as 
stated in the Objectives of the TRIPS Agreement, that "…the protection and enforcement of 
intellectual property rights should contribute to the promotion of technological innovation and to the 
transfer and dissemination of technology, to the mutual advantage of producers and users of 
technological knowledge and in a manner conducive to social and economic welfare, and to a balance 
of rights and obligations ". These rights need to be adequately recognized,  insofar as they 
compensate investments in time and capital and encourage promising research. Furthermore, such 
rights promote the common good by accelerating the search for solutions that benefit all needy 
persons in the modern world. For example, in the pursuit of new medical treatments, special 
protections are needed to ensure that producers are able to recover their massive expenditures on 
research. These protections include the assurance of just wages for scientists and researchers, as 
well as measures  to guarantee compliance with regulations regarding product safety. In this regard, 
the protection of intellectual property rights enables the search for solutions to global problems.  
308.  Nonetheless, it is important to note that intellectual property rights a re not an end in 
themselves but rather a means to an end. In order to maintain their validity, they must be 
subordinated, therefore, to the requirements of the common good. This requires the implementation 
of control mechanisms to monitor and, when necessa ry, to correct the logic of the market. As 
St. John Paul II affirmed, the "law of profit alone cannot be applied to that which is essential for the 
fight against hunger, disease, and poverty ". These words continue to ring true.  
309.  Policies and laws should mai ntain a perspective focused on the respect and the promotion of 
human dignity, in a spirit of solidarity within and among nations. This means that, while recognizing 
the importance of protecting intellectual property rights, we should focus on the purpose of such 
rights and strive to avoid the potential negative consequences of the current system, which can arise 
when the aforementioned rights are divorced from their inherent foundation in the pursuit of the 
common good and the dignity of the human person. When, for example, high -income countries 
excessively protect knowledge based on a rigid assertion of intellectual property rights, this leads to 
an imbalance that must be addressed. Let us not forget that health care should not be subordinate 
to private in terests; thus, access to medicine s should be guaranteed in accord with the principle of 
non-discrimination and in a spirit of equity, transparency, participation and accountability.  
310.  As Pope Francis has stated, "what is needed is sincere and open dialogue, with responsible 
cooperation on the part of all: political authorities, the scientific community, the business world and 
civil society ". In order to promote constructive dialogue that might results in positive action, the 
principles of solidarity, subsidia rity, and concern for the common good must be applied. Solidarity 
would encourage us to be attentive to the needs and concerns of others as much as our own and 
subsidiarity would have us supply the technical expertise and manufacturing capacity to those 
communities that otherwise would not have access to them.  
311.  In the midst of this global health crisis, we are all called to bring generously the best of our 
abilities to tackle the challenges of the current pandemic in all of its aspects and in every part of t he 
world and to look to the future with creativity and hope. In this way, we will succeed in giving witness 
to the concrete solidarity that is indispensable to address the global challenges of our times. Almost 
20 years ago, WTO Members agreed to remove an  important obstacle to affordable drug imports: 
they waived certain restrictions in the TRIPS Agreement regarding the import and export of generic 
medicines under compulsory license, so as to ensure ready and affordable access to these 
medications.  
312.  In a si milar fashion, given these exceptional circumstances, the TRIPS Council could 
recommend to the General Council, as early as possible, to grant a waiver from the implementation, 
application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation 
to prevention, containment or treatment of COVID -19. 
313.  Policies and laws should maintain a perspective focused on the respect and promotion of 
human dignity, in a spirit of solidarity within and among nations. This implies, inter alia , that, while 
recognizing the value of protecting intellectual property rights, we should focus on the purpose of 
such rights and on the limitations and potential negative consequences of the current system. "It 
would be sad if, for the vaccine for COVID -19, priority were to be given to the richest . It would be 
sad if this vaccine were to become the property of this nation or another, rather than universal and 
for all ". JOB/IP/41  
 
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  15.42   World Health Organization  (WHO)  
314.  The World Health Organization (WHO)  welcomes the India and South Africa proposal that helps 
to highlight the concerns in relation to sharing knowledge, intellectual property and data to promote 
R&D and affordable access to treatments, diagnostics and vaccines for COVID -19. The content of 
the proposal has  been at the forefront of the public discussion since it has been presented and 
received support from several stakeholders and UN Agencies, including Unitaid, UNAIDS the Joint 
UN Programme on HIV/AIDS.  
315.  WHO is hopeful that the TRIPS Council will expeditiously advance discussions toward 
consensus on matters that will facilitate bringing the pandemic to an end.  
316.  WHO is convinced that collective action and a joint response to COVID -19 is vital for ending 
the pandemic and to avoid further damage to life, health and the global economy.  All effective 
mechanisms to support this cause should be explored and utilized in order to contribute to the 
solution.  
317.  As mentioned in our previous statements the WHO COVID -19 Technology Access Pool (C -TAP) 
is one alternative, a voluntary mechanism to facilitate sharing of patents and all other forms of 
intellectual property such as know -how, data, trade secrets, and copyrights, as well as to assist in 
technology transfer necessar y to expand the development and production of existing and new 
technologies needed in the response to the pandemic.  
318.  Voluntary mechanisms like C -TAP go in parallel with other measures available in the 
TRIPS  Agreement and highlighted by the Doha Declaration  to promote public health. The success of 
C-TAP in helping countries respond to the pandemic, will depend on collective political support it will 
receive from Members, so far, 40 countries have endorsed the initiative. Governments and funders 
that are inve sting resources on the development of new treatments, diagnostics, and vaccines should 
support encouraging private sector to share the know -how, IP and data through WHO C -TAP to 
facilitate scale -up tools for prevention, detection and treatment of COVID -19.  
319.  WHO-WIPO -WTO recent Study states that "…each country can tailor its domestic IP system to 
its particular needs and circumstances, including through TRIPS flexibilities. " WHO, in collaboration 
with other international organizations and in line with the Gl obal Strategy on Public Health, 
Innovation and Intellectual Property (GSPA -PHI), provides, upon request of Members, technical 
support to countries that intend to make use of the provisions contained in the TRIPS  Agreement, 
including the flexibilities recog nized by the Doha Declaration.  
320.  WHO is closely following the discussions of the TRIPS Council regarding Members concerns to 
respond to the pandemic and how to enable the use of a broad range of national and multilateral 
strategies to promote global equitab le access to COVID -19 health technologies. An unprecedented 
crisis needs unprecedented response.  
15.43   Joint United Nations Programme on HIV/AIDS  (UNAIDS ) 
321.  The Joint United Nations Programme on HIV/AIDS (UNAIDS)  takes the floor to support the 
proposal made by the  Governments of South Africa and India for a temporary waiver of certain 
TRIPS obligations to facilitate an appropriate response to COVID -19, as it reflects the urgency and 
global health emergency that COVID -19 represents. Its implementation will enable co untries to work 
together to establish national and multilateral strategies to promote innovation of, and access to, 
medicines, diagnostics, vaccines, and other health technologies, by reducing transaction costs and 
eliminating key barriers across the R&D c ycle and the supply chain for access to health technologies 
to prevent, diagnose, and treat COVID -19 disease.  
322.  Global solidarity and shared responsibility have been recogni zed as fundamental principles 
that guide the UN system response. There is a growing c onsensus that universal access to health 
care, including COVID -19 health technologies, must be a global public good.  
323.  In the response to the colliding pandemics of COVID -19 and HIV, UNAIDS has adopted a 
multi-sectoral and people -centred approach, to protec t the gains for people living with and affected 
by HIV and drive progress towards the Sustainable Development Goals. The AIDS community knows JOB/IP/41  
 
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  that to tackle public health threats, focusing on inequality is essential – including inequalities in 
access to so lutions, whether vaccines, diagnostics or therapeutics.  
324.  The international community cannot repeat the painful lessons from the early years of the 
AIDS epidemic, when people in wealthier countries got back to health, while millions of people in 
developing countries were left behind. In the current context, business as usual is the recipe to fail 
in delivering equitable access to COVID -19 treatments for all those in need. Access to health is the 
human right of everyone, no matter the colour of their skin, th e money in their pocket, or the country 
they live in.  
325.  A range of solutions will be needed in order to ensure equal access and to unlock supply.  
326.  UNAIDS calls for support for the multilateral solutions that are on the table and for 
collaboration through fo stering transfer of technology and mass -production of COVID -19 tools, using 
a public health lens. This is the basis of the current proposal before this Council.  
15.44   South Africa  
327.  It has been exactly three hours since the last time I took the floor, good evening  colleagues. 
It has been a marathon session with many interventions and discussion.  
328.  The co-sponsors would like to thank all Members and observers that had intervened. We have 
heard many concerns raised by Members that intervened. Given the time constraints , the 
co-sponsors would like to respond to some of the general elements that have emerged out of the 
discussion. There are more direct questions posed by delegation that could be answered at a later 
stage and we will reach out to delegations concerned.  
329.  We want to stress that the protection and enforcement of intellectual property are not 
absolute, Artic le 8 of the TRIPS Agreement recogni zes that countries may adopt necessary measures 
to protect public health. COVID -19 constitutes an unimaginable global pandemic which requires swift 
and bold action. COVID -19 is far from over and there is no certainty as t o when effective vaccines 
will be available in sufficient quantities to ensure equitable access. COVID -19 is here to stay, as the 
EU pointed out in their intervention, vaccines take up to ten year to develop.  
330.  We explained the rationale for our proposal and  believe that our proposal demonstrates the 
existence of exceptional circumstance that justifies our request for a waiver decision, clear terms 
and conditions governing the application of the waiver.  
331.  The waiver does not imply any change of the substantive  treaty obligations; it only temporarily 
suspends their operation of certain provisions for a period to be agreed by Members and thus will 
be time -bound. It has a clearly defined scope related to the implementation, application and 
enforcement of Sections 1 (Copyright), 4 (Industrial Designs), 5 (Patents), and 7 (Protection of 
Undisclosed Information) of Part II of the TRIPS Agreement which are aspects critical to the 
diagnosis, prevention, containment and treatment of COVID -19. 
332.  We further clarified that th e date on which the waiver will continue to apply until widespread 
vaccination is in place globally, and the majority of the world 's population has developed immunity 
hence we propose an initial duration of [X] years from the date of the adoption of the wa iver. This 
period can be negotiated.  
333.  We heard the refrain from the EU and others that the TRIPS Agreement is fit for purpose and 
its flexibilities are usable without limitation or any problem? We once again contest this this notion.  
334.  Delegations that have taken the floor to condemn this waiver proposal claim that that TRIPs 
flexibilities already include the option to issue compulsory licenses where necessary.  
335.  The proposal for a waiver on certain IP provisions offers an expedited, open and automatic 
global s olution that allows for uninterrupted collaboration in development and scale up of production 
and supply and that collectively addresses the global challenge facing all countries. Countries should 
continue to use TRIPS flexibilities to safeguard public hea lth, including issuing compulsory licenses 
and placing limitations on or making exceptions to exclusive rights.  JOB/IP/41  
 
- 33 - 
 
  336.  However, the "case by case " or "product by product " approach required when using flexibilities 
to address IP barriers at the national level cou ld be limiting during the pandemic. Some countries 
also face limitations with respect to their national laws, pressures from their trading partners, or 
lack the practical and institutional capacity required to exercise TRIPS flexibilities during the 
pandem ic quickly and effectively. The existing mechanisms for compulsory licenses under Article31 
and Article 31 bis of the TRIPS Agreement contain territorial and procedural restrictions that make 
the practice of issuing product -by-product compulsory licenses a complex process, making it difficult 
for countries to collaborate. Article 31 requires that compulsory licenses are issued on a case -by-case 
basis and used predominantly to supply domestic markets, thereby limiting the ability of 
manufacturing countries to  export to countries in need.  
337.  Article 31 bis requires that any product produced and exported under a compulsory license be 
identified with specific packaging and quantities, which can lead to unnecessary delays in the context 
of COVID -19 where countries ne ed urgent access to medical tools. There is even less experience in 
areas such as industrial designs, trade secrets, algorithms and copyright, applying compulsory 
licenses to such areas may be legally complicated and novel.  
338.  Political pressure from two del egations that oppose the waiver proposal have taken action to 
ensure that countries do not use compulsory licenses, for example:  
a. EU IP enforcement report 2020, issued right before the COVID -19 pandemic, put a number 
of developing countries, including India , Indonesia, Turkey, Ecuador, under the spotlight 
of criticism for their laws allowing the use of compulsory license if patent holding 
companies do not fulfil the obligation of supporting production of medicines locally;  
b. USTR  2020 Special 301  report, issued right in the middle of the COVID -19 pandemic, 
continue to condemn countries who improve their laws on compulsory license or make use 
of compulsory  license – countries specifically pressured for their law or their use of 
compulsory license include Chile, Indonesia, Colombia, Egypt, India, Malaysia, Russia, 
Turkey, Ukraine, El Salvador.  
339.  Voluntary Licenses are somehow touted as the solution for COVID -19. 
340.  IP rights can be exercised by their owners to decide on whether to grant a license or withhold 
from licensing the technology, designs and knowhow required for manufacturing or for further 
developing the products required for COVID -19. By enforcing exclusiv e rights backed by IP, such as 
patents, pharmaceutical companies slow down research and innovation. The use of restrictive 
voluntary license terms limits the catching up and innovation made by generic competitors.  
341.  Nine months into the pandemic voluntary ap proaches have proven to be insufficient. For 
instance, despite receiving significant public funding of at least US D 70.5 million, Gilead has signed 
secretive bilateral licenses for Remdesivir (a therapeutic for COVID -19 treatment) with a few generic 
compan ies of it choosing that excludes nearly half of the world 's population from its licensed 
territories. Much of Gilead 's supply has also been reserved for very rich nations. As a result, to date, 
most developing countries have barely received any supply of R emdesivir. The prices of Remdesivir 
are also prohibitively high.   
342.  On the other hand, to date not a single company has committed to the voluntary COVID -19 
Technology Access Pool of WHO.  
343.  In cases where companies have made such commitments to issue voluntary  licenses, the lack 
of transparency of license agreements for products to treat COVID -19 is substantial.  These initiatives 
are ad hoc  and are not a sustainable way of addressing IP barriers.  
344.  While such companies can limit the production, quantity and expor t of products produced 
under license to certain geographical areas thereby excluding large parts of the world population. 
Non-profit  undertakings are time bound, while such companies will decide when they think the 
pandemic is over.  
345.  If we are serious to a ddress access issues, production cannot be concentrated in the hands of 
only a few manufacturers, in order to scale up production, governments have a critical role to play.  JOB/IP/41  
 
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  346.  Various Members have asserted that the waiver proposal will impede innovation and that it is 
improper and ill -conceived on the side of the co-sponsor to bring a waiver proposal at this critical 
time. 
347.  Never has there been a weaker case for the granting of monopolies.  Governments have been 
funding the development of COVID  drugs and vaccin es, and no company is able to meet the global 
demand. In the context of COVID -19, despite the billions of taxpayer  dollars invested in R&D, and 
announcements that COVID -19 vaccines should be considered a public good, no government has 
openly stated committ ed to this undertaking.  
348.  Monopoly -based and market -driven R&D in biomedical sector ignores unmet health needs - no 
new medicine was developed for more than 40 years on TB; no effective R&D in addressing 
antimicrobial resistance (AMR) despite of the constan t increasing of number of IP – patents granted 
in pharmaceutical sector globally for zero value add.  
349.  The R&D of drugs is often a joint multi -stakeholder effort, benefitting from significant amounts 
of public taxpayer money. For COVID -19, the search for an  effective treatment or vaccine is a global 
effort involving by multiple actors – it is not the result of the pharmaceutical industry 's efforts alone. 
Governments and public funding agencies around the world have poured billions of US dollars of 
public mon ey to support COVID -19 R&D, especially for drugs and vaccines. However, by and large 
no conditions for access or affordability have been included as a precondition to any of that funding. 
Governments must attach strings to any public money given for COVID -19 medical tools to 
guarantee that, if they prove safe and effective, they are available to everyone. Some Members 
have admitted that some conditions had been set on companies, but none of it goes far enough to 
ensure that IP rights assigned to companies benefiting from taxpayer money do not abuse such 
rights down the line.  
350.  It was professed by Members that voluntary cooperative approaches will solve the COVID -19 
crisis through generous pledges to multi -stakeholder collaborative platforms. We than k the EU and 
other delegations for their generous support for these initiatives, including the donation of vaccines 
and access to COVAX -facility to cooperate in the purchase of future vaccines for the benefit of 
vulnerable countries.  
a. The co-sponsors agree  that global cooperation and collaboration is key to addressing the 
COVID -19 pandemic, initiatives such as the COVAX  facility are helpful but insufficient . Our 
waiver proposal is designed to work synergistically with such initiatives by enabling the 
rapid scaling of production by multiple producers across many countries, enabling the 
sharing of knowledge and transfer of technology with the aim of addressing the pandemic ; 
b. COVAX  at best provides very short -term, limited access to vaccines. Its approach is not  
sustainable in the medium and long term. The global needs are massive and can only be 
addressed with global sharing of technology, knowledge and related IP. Not by artificially 
limiting competition and supply which in turn only results in high prices in t he medium and 
long term ; and  
c. Notably wealthy nations representing just 13 % of the world 's population have already 
cornered more than half (51 %) of the promised doses of leading COVID -19 vaccine 
candidates2. This creates significant uncertainty for univers al access.  
i. The EU together with some other wealthier nations and regions, have already 
pre-booked more than 51% of the global supply capacity of the potential future 
COVID -19 vaccines – leaving limited share for developing countries and least  
developed co untries to share. It is this conduct that has created huge uncertainty to 
the guarantee of universal access to COVID -19 medical tools and products . 
d. Global equitable allocation and donation are separate issues from the waiver proposal that 
we put on the tab le. 
 
2 https://www.oxfam.org/en/press -releases/small -group -rich-nations -have-bought -more-half-future -
supply -leading -covid-19 JOB/IP/41  
 
- 35 - 
 
  e. While some initiatives such as COVAX  is aiming to address the initial shortage of supply of 
medical tools for COVID -19 treatment and prevention, its effects can be limited due largely 
to the following factors:  
i. The model and the conducts reinforce the deep inequality in the global health 
architecture and do not provide a sustainable solution;  
ii. Both the investment to COVAX  and donation commitment cannot solve the issue of 
the need to diversify, to the maximum level the global capacity of development, 
manufacturing and supplying COVID -19 medical tools; and 
iii. COVID -19 reveals the deep structural inequality in access to medicines globally, and 
one of the root causes is that IP sustains dominating industry 's interests at the cost of 
lives. 
351.  We heard some Members saying that intellectual property is not a hindrance but a h elp to end 
COVID -19; Suspending key protections of the TRIPS Agreement would send the wrong message to 
industry investors.  
a. Huge public funding has been poured into R&D for COVID -19 – more than USD 70 billion 
mostly from governments including many developin g countries governments; it is 
taxpayers in different countries who have invested the COVID -19 R&D;  
b. People around the world who are taking huge risk of joining in and supporting the 
unprecedented R&D process and clinical trials;  
c. The incentive for people to  take substantial risks in supporting and joining clinical trials 
has nothing to do with IP, but the conscience and common sense of contributing to the 
finding of a cure for all ; and  
d. Industry has asked governments to take over their liability and request for indemnity so 
that industry does not have to bear the risk but can make all the profit without much value 
add. 
352.  We also heard that intellectual property has enabled collaboration between bio -pharmaceutical 
innovators and governments, universities  and other research partners to speed up progress on our 
most pressing unmet medical needs, however the co-sponsors strongly contest this notion.   
a. It is the pandemic – not IP – that has mobilized collaboration of multiple stakeholders ; 
b. It is knowledge and skills held by scientists, researchers, public health experts and 
universities that have enabled the cross -country collaborations – not IP ; and  
c. It is public funding, again, facilitated these collaborations – not IP . 
353.  I will leave it here in the interest of time and as we indicated at the start of this intervention 
the co -sponsors will reach out to other delegations to address more specific issues and questions 
that may have been raised.  
354.  It is clear that Member have different opinions regarding the waiver pro posal introduced at the 
TRIPS Council meeting, there is a need to discuss this proposal further. According to Article IX.3(b) 
a request for a waiver shall be submitted to the relevant Council for consideration during a period 
which shall not exceed 90 days . We request that this item remain open for discussion for the 
intervening period. This can be done on the basis suspending this item and reconvening the 
TRIPS  Council formally or informally or through consultations that may be convened by you or a 
combina tion of both modalities.  
15.45   WTO Secretariat  
355.  As regard s the procedure for waivers, as the delegation of South Africa just mentioned, 
Article  IX.3 of the Marrakesh Agreement provides that in exceptional circumstances the Ministerial JOB/IP/41  
 
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  Conference may decide to wa ive an obligation imposed on a Member by the Marrakesh Agreement 
or any of the multilateral trade agreements.  
356.  Article IX.3(b) of the Marrakesh Agreement then provide s that requests for waivers concerning 
the multilateral trade agreements in Annexes 1.A, 1 .B or 1.C – i.e. the TRIPS Agreement – shall be 
submitted initially to the relevant Council, in this case the TRIPS Council, for consideration during a 
time period which shall not exceed 90 days. At the end of the time period the relevant Council shall 
submit a report to the Ministerial Conference.  
357.  The practice – most of the practice of waivers comes from the Goods Council – has been that 
after the expiry of 90 days the Chair of the relevant Council takes the floor in the General Council 
under the waiver i tem to report that the 90 -day period has expired. In some cases, there is a 
recommendation to the General Council , for instance to adopt the waiver . In case s where there is 
no such recommendation , the Chair of the CTG has often inform ed the General Council that the 
Council for Trade in  Goods will continue its consideration.  
15.46   United States of America  
358.  The decision -making process for the TRIPS Council is by consensus and  we request that this  
agenda item be suspended  for further consultations . 
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