IP/C/W/669/Rev.1  
 
25 May 2021  
(21-4307) Page: 1/4 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR THE PREVENTION, 
CONTAINMENT AND TREATMENT OF COVID -19 
REVISED DECISION TEXT  
COMMUNICATION FROM THE AFRICAN GROUP, THE PLURINATIONAL STATE OF BOLIVIA,  
EGYPT, ESWATINI, FIJI, INDIA, INDONESIA, KENYA, THE LDC GROUP, MALDIVES,  
MOZAMBIQUE, MONGOLIA, NAMIBIA, PAKISTAN, SOUTH AFRICA, VANUATU, 
THE BOLIVARIAN  REPUBLIC  OF VENEZUELA AND ZIMBABWE  
By means of a communication dated 21 May 2021, the following document is circulated at the 
request of the delegations of the African Group, the Plurinational State of Bolivia, Egypt, Eswatini, 
Fiji, India, Indonesia, Kenya, the LDC Group, Maldives, Mozambique, Mongolia, Namibia, Pakistan, 
South Africa, Vanuatu, the Bolivarian Republic of Venezuel a and Zimbabwe.  
 
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1.  On 2 October 2020 India and South Africa submitted to the Council for TRIPS communication 
IP/C/W/669 containing a proposal for a waiver from certain provisions of the TRIPS Agreement for 
the prevention, containment and t reatment of COVID -19 and a proposed draft decision text. The 
Council for TRIPS has had extensive discussions on the proposal and received comments on the 
proposed draft decision text.  
2.  With the aim to progress to text -based discussions, taking into account  the discussions and 
feedback received, the co -sponsors are hereby submitting a revised draft decision text for the 
consideration of the Council for TRIPS.  
3.  The preambular text has been revised to reflect the concern of continuous mutations and the 
emergen ce of new variants and consequently the many unknowns with respect to SARS -COV-2 and 
its variants and the global need for access as well as the importance of diversifying production and 
supply. These issues and concerns have become even more acute and crit ical since submission of 
the proposal in October 2020.  
4.  The operative paragraph (1) has been revised to add specificity to the decision text following 
concern that the original decision text was too broad.  Hence the revised text addresses this concern 
by focusing the text on "health products and technologies " as the prevention, treatment or 
containment of COVID -19 involves a range of products and technologies and intellectual property 
issues may arise with respect to the products and technologies, their mat erials or components, as 
well as their methods and means of manufacture. The co -sponsors stress that the proposed waiver 
is limited in scope to COVID -19 prevention, treatment and containment.  
5.  The revised text also adds a paragraph on the proposed duration.  The international community 
is dealing with a novel pathogen, with many uncertainties. For instance, investigation is still 
underway for effective therapeutics, and there are still many unknowns with respect to vaccines 
which will have a bearing on the sc ale manufacturing and supply that will be needed to control the 
pandemic such as the duration of immunity conferred, effectiveness of vaccines against new 
variants, and the effect of vaccines on children. In addition, the duration has to be practical for 
manufacturing to be feasible and viable. These complexities suggest the need for a practical and IP/C/W/66 9/Rev.1  
 
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  flexible duration. Hence it is proposed that the General Council assesses the existence of the 
exceptional circumstances justifying the waiver after a minimum p eriod to determine the date of 
termination. The proposed language is based on Article IX (4) of the WTO Agreement.   
 
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  IP/C/W/669/Rev.1  
 
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  ANNEX  
 
DRAFT DECISION TEXT  
WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR THE PREVENTION, 
CONTAINMENT AND TREATMENT OF COVID -19  
 The General Council  
 
 Having regard to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing 
the World Trade Organization ( "the WTO Agreement ");  
 
 Conducting the functions of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement;  
 
 Noting that the coronavirus disease 2019 (COVID -19) is a new infec tious disease caused by 
severe acute respiratory syndrome coronavirus 2 (SARS -COV-2);  
 
Recalling that on 11/03/2020, the World Health Organization (WHO) declared the 2019 –20 
coronavirus outbreak to be a pandemic, and it continues to be a very high risk ac ross the globe in 
all WTO Members;  
 
Noting with concern the threat to human health, safety and well -being caused by the COVID -19 
pandemic, which has spread all around the globe, as well as the unprecedented and multifaceted 
effects of the pandemic, includ ing the severe disruption to societies, economies, global trade and 
travel and the devastating impact on the livelihoods of people;  
 
Noting  with great concern  the continuous mutations and emergence of new variants of 
SARS -COV-2, which also highlights the significant uncertainties and complexities of controlling 
SARS -COV-2;  
 
Recognising the global need for unimpeded, timely and secure access to quality, safe, 
efficacious and affordable health products and technologies for all, for a rapid and effective response 
to the COVID -19 pandemic and consequently the urgent need to diversify and scale -up production 
to meet global needs and promote economic recovery;  
 
Recog nizing also that the COVID -19 global pandemic requires a global response based on unity, 
solidarity and multilateral cooperation;  
 
Recognizing  the importance of preserving incentives for research and innovation, and that these 
should be balanced with the public health interest;  
 
Noting that, in the light of the foregoing, exceptional circumstances exist justifying waivers from 
the obligations of the Agreement on Trade -Related Aspects of Intellectual Property Rights 
(TRIPS  Agreement);  
 
Decides as follows:  
 
1. The obligations of Members to implement or apply Sections 1, 4, 5 and 7 of Part II of the 
TRIPS  Agreement or to enforce these Sections under Part III of the TRIPS Agreement, shall be 
waived in relation to health products and technologies including diagno stics, therapeutics, vaccines, 
medical devices, personal protective equipment, their materials or components, and their methods 
and means of manufacture for the prevention, treatment or containment of COVID -19.   
2. This waiver shall be in force for at least 3 years from the date of this decision. The General 
Council  shall, thereafter, review the existence of the exceptional circumstances justifying the waiver, 
and if such circumstances cease to exist, the General Council shall determine the date of termination 
of the waiver.  
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  3. The waiver in paragraph 1 shall not apply to the protection of Performers, Producers of 
Phonograms (Sound Recordings) and Broadcasting Organizations under Article 14 of the TRIPS 
Agreement.  
4. This decision  is without prejudice to the right of least developed country Members under 
paragraph 1 of Article 66 of the TRI PS Agreement.  
5. This waiver  shall be reviewed by the General Council not later than one year after it is granted, 
and thereafter annually until the waiver terminates, in accordance with the provisions of paragraph 
4 of Article IX of the WTO Agreement.  
6. Memb ers shall not challenge any measures taken in conformity with the provision of the 
waivers  contained in this Decision under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994, 
or through the WTO 's Dispute Settlement Mechanism.  
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