RESTRICTED  
  
IP/C/M/98/Add.1  
 
30 July 2021  
(21-5987) Page: 1/80 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 10-11 MARCH  2021 
Chair: H.E. Ambassador Xolelwa Mlumbi -Peter (South Africa ) 
Addendum  
The present document contains the statements made during the Council for TRIPS meeting held on 
10-11 March  2021. 
 
_______________  
 
 
  Table of Contents  
1   NOTIFICATIONS UNDER PROVISIONS OF THE AGREEME NT ................................ ........  5 
2   REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  ................................ ..............  10 
3   IP MEASURES IN THE CONTEXT OF COVID -19 ................................ ...........................  10 
4   REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  ................................ ...................  13 
5   RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  ................................ ................................ ................................  13 
6   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  ................................ ... 13 
7   NON-VIOLATION AND SITUATION COMPLAINTS  ................................ .......................  17 
8   REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER  
ARTICLE 71.1  ................................ ................................ ................................ .................  20 
9   REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATIONS UNDER ARTICLE 24.2  ................................ ....................  20 
10   FOLLOW -UP TO THE EIGHTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2  
OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRI PS 
AGREEMENT  ................................ ................................ ................................ ...................  21 
11   TECHNICAL COOPERATION AND CAPACITY -BUILDING  ................................ ............  27 
12   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS  
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 ..... 29 
13   EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE TRIPS 
AGREEMENT FOR LEAST DEVELOPED COUNTRY MEMBERS  ................................ .............  54 
14   INTELLECTUAL PROPERTY AND INNOVATION: MAKING MSMES COMPETITIVE  
IN GREEN TECH  ................................ ................................ ................................ ..............  64 
15   INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  ...............  79 IP/C/M/98/Add.1  
 
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  16   OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNMENTAL  
ORGANIZATIONS  ................................ ................................ ................................ ...........  80 
17   OTHER BUSINESS  ................................ ................................ ................................ .... 80 
18   ELECTION OF THE CHAIRPERSON  ................................ ................................ ............  80 
  IP/C/M/98/Add.1  
 
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  INDEX OF THE STATEMENTS MADE  
AT THE MEETING OF COUNCIL FOR TRIPS 10-11 MARCH  2021* 
 
 
 
Australia  
Article 66.2  ................................ ........  23 
Biotech, Biodiversity, TK  ......................  17 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  69 
Non-violation and situation complaints  ... 20 
TRIPS ARTICLE 66.1  ............................  58 
Waiver - COVID -19.........................  50, 54  
Bangladesh  
Biotech , Biodiversity, TK  ......................  16 
Non-violation and situation complaints  ... 18 
Technical Cooperation  ..........................  28 
TRIPS ARTICLE 66.1  .......................  55, 63  
Waiver - COVID -19..............................  34 
Bangladesh on behalf of the LDC Group  
Article 66.2  ................................ ........  26 
Bolivia, Plurinational State of  
Biotech, Biodiversity, TK  ......................  16 
Brazil  
Biotech, Biodiversity, TK  ......................  14 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  78 
Non-violation and situation complaints  ... 18 
Waiver - COVID -19..............................  38 
Cameroon  
Non-violation and situation complaints  ... 19 
Cameroon on behalf of the African, 
Caribbean  and Pacific States  
Waiver - COVID -19..............................  41 
Canada  
Article 66.2  ................................ ........  24 
Biotech, Biodiversity, TK  ......................  17 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  76 
IP measures - COVID -19 ......................  10 
Non-violation and situation complaints  ... 20 
Waiver - COVID -19.........................  43, 53  
Chad  
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  75 
TRIPS ARTICLE 66.1  ............................  63 
Chad on behalf of the LDC Group  
TRIPS ARTICLE 66.1  ............................  54 
Chile  
Biotech, Biodiversity, TK  ......................  14 
IP measures - COVID -19 ......................  10 
Non-violation and situation complaints  ... 18 
Technical Cooperation  ..........................  28 
TRIPS ARTICLE 66.1  ............................  57 
Waiver - COVID -19.........................  40, 54  
China  
Article 66.2  ................................ ........  26 
Biotech, Biodiversity, TK  ......................  14 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  79 
IP measures - COVID -19 ......................  11 Non-violation and situation complaints  ... 19 
TRIPS ARTICLE 66.1  ............................  58 
Waiver - COVID -19 .............................  38 
Colombia  
Waiver - COVID -19 .............................  41 
Cuba  
Waiver - COVID -19 .............................  35 
Ecuador  
Biotech, Biodiversity, TK  ......................  15 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  78 
IP measures - COVID -19 ......................  10 
Non-violation and situation complaints  ... 19 
Egypt  
TRIPS ARTICLE 66.1  ............................  59 
Waiver - COVID -19 .............................  33 
El Salvador  
Waiver - COVID -19 .............................  41 
European Union  
Article 66.2  ................................ ........  25 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  73 
IP measures - COVID -19 .................  10, 13  
Non-violation and situation complaints  ... 19 
TRIPS  ARTICLE 66.1  ............................  59 
Holy See  
TRIPS ARTICLE 66.1  ............................  61 
India  
Biotech, Biodiversity, TK  .................  14, 15  
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  77 
Non-violation and situation complaints  ... 18 
TRIPS ARTICLE 66.1  ............................  58 
Waiver - COVID -19 ........................  29, 54  
Indonesia  
IP measures - COVID -19 ......................  12 
Non-violation and situation complaints  ... 18 
TRIPS ARTICLE 66.1  ............................  60 
Waiver - COVID -19 .............................  49 
Jamaica  
Waiver - COVID -19 .............................  40 
Japan  
Article 66.2  ................................ ........  25 
Biotech, Biodiversity, TK  ......................  16 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  72 
Notifi cations  ................................ .........  8 
TRIPS ARTICLE 66.1  ............................  60 
Waiver - COVID -19 .............................  46 
Kenya  
Biotech, Biodiversity, TK  ......................  15 
Korea, Republic of  
Notifications  ................................ .........  7 
Maldives  
Waiver - COVID -19 .............................  31 IP/C/M/98/Add.1  
 
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  Mongolia  
Waiver - COVID -19..............................  43 
Mozambique  
Article 66.2  ................................ ........  27 
Waiver - COVID -19..............................  39 
Namibia  
Waiver - COVID -19..............................  43 
Nepal  
TRIPS ARTICLE 66.1  ............................  62 
Waiver - COVID -19..............................  34 
New Zealand  
Waiver - COVID -19..............................  42 
Nigeria  
Biotech, Biodiversity, TK  ......................  15 
Non-violation and situation complaints  ... 17 
Waiver - COVID -19..............................  39 
Norway  
Article 66.2  ................................ ........  26 
IP and Innovation - Making MSMEs 
compet itive in green tech  ..................  77 
Pakistan  
Waiver - COVID -19..............................  32 
Qatar  
Waiver - COVID -19..............................  31 
Russian Federation  
IP measures - COVID -19 ......................  11 
Saudi Arabia, Kingdom of  
Biotech, Biodiversity, TK  ......................  13 
Singapore  
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  70 
Waive r - COVID -19..............................  49 
South Africa  
Biotech, Biodiversity, TK  ......................  13 
IP measures - COVID -19 ......................  11 
Non-violation and situation complaints  ... 17 
TRIPS ARTICLE 66.1  ............................  57 
Waiver - COVID -19.........................  35, 52  
Switzerland  
Article 66.2  ................................ ........  24 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  64 
Non-violation and situation complaints  ... 19 TRIPS ARTICLE 66.1  ............................  59 
Waiver - COVID -19 .............................  45 
Chinese Taipei  
TRIPS ARTICLE 66.1  ............................  60 
Waiver - COVID -19 .............................  48 
Tanzania on behalf of the African Group  
TRIPS ARTICLE 66.1  ............................  57 
Waiver - COVID -19 .............................  40 
Tunisia  
TRIPS ARTICLE 66.1  ............................  60 
Turkey  
TRIPS ARTICLE 66.1  ............................  58 
Waiver - COVID -19 .............................  47 
Ukraine  
Notifications  ................................ .........  7 
Waiver - COVID -19 .............................  38 
United Kingdom  
Article 66.2  ................................ ........  23 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  71 
Notifications  ................................ .........  6 
TRIPS ARTICLE 66.1  ............................  56 
Waiver - COVID -19 .............................  44 
United States of America  
Article 66.2  ................................ ........  22 
Biotech, Biodiversity, TK  ......................  16 
IP and Innovation - Making MSMEs 
competitive in green tech  ..................  66 
Non-violation and situation complaints  ... 20 
TRIPS ARTICLE 66.1  ............................  59 
Waiver - COVID -19 .............................  51 
Vanuatu  
Waiver - COVID -19 .............................  34 
World Health Organization  
Waiver - COVID -19 .............................  51 
WTO Secretariat  
Article 66.2  ................................ ........  21 
Information on developments in the WTO
 ................................ ......................  79 
Notifications  ................................ ..... 5, 8 
Technical Cooperation ..........................  27 
Zimbabwe  
Waiver - COVID -19 .............................  31 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
* A record of statements as delivered in the formal session of the Council. Some statements have 
been lightly edited as appropriate to ensure the consistency of presentation.  
  IP/C/M/98/Add.1  
 
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  1  NOTIFICATIONS UNDER PROVISIONS OF THE AGREEMENT  
WTO Secretariat  
The Council has received the following notifications from Members since its meeting in 
October  2020:  
Under Article 63.2  
The Republic of Korea notified a revised Copyright Act, a revised Enforcement Decree of the 
Copyright Act,  and an amended Administrative Procedures Act.  
Albania notified amendments to the Copyright and Related Rights Act Resulting from the 
Stabilization and Association Agreement (SAA) and other strategic partnership documents with the 
European Union. It also notified a decision on fees for services by the Copyright Directorate.   
Sweden  notified amendments and consolidated versions of the Copyright Act, the Patents Act, 
the Design Protection Act, the Act Protecting Typographies for Semiconductor Products, the P lant 
Breeder 's Rights Act and the Trademarks Act, enacting new levels of penalties for intentional serious 
infringements, and introducing new crime classifications.  
Croatia notified a revised Patent Act amending the grant procedure and introducing a new concept 
of utility model. It also notified a revised Trademarks Act, introducing changes to the graphical 
representation of marks, clarifying the relationship between trademarks and geographical 
indications, as well as collective and guarantee marks, and assuring appropriate legal protection in 
relation to counterfeit goods in transit through the EU territory.   
Italy notified a legal framework concerning the prohibition  of ambush marketing and misleading 
advertising on the occasion of sport events or trade fairs of national or international relevance.  
Ukraine notified a law introducing a two -tier system of state management of intellectual property, 
establishing the Nati onal Intellectual Property Authority (NIPA) under the Ministry for Development 
of Economy, Trade and Agriculture.  
Japan notified an amended Patent Act that upgraded the litigation system and entailed 
consequential amendments to the Design Act and the Trad emark Act. It also notified a revised 
Copyright Act that aimed at improving protection against inter alia  pirated copies on the internet.   
The United Kingdom notified over 100 pieces of legislation which include its "EU exit " legislation 
in a number of int ellectual property areas, as well as primary and secondary intellectual property 
laws from different areas since the 1990s.  
Under Article 69  
The United Kingdom also notified contact points for IP enforcement under Article 69 and for 
technical cooperation under Article 67. Macao, China updated its contact point under Article  67. 
Other notifications  
The Plurinational State of Bolivia made a notification under Article 31 bis and Paragraph  1(b) of 
the Annex to the TRIPS Agreement, indicating its intention to use the Special Compulsory Licensing 
System  – also known as the Paragraph 6 System  - as an importing Member  as provided under Article 
31bis. This concludes the overview of notifications  received since the Council's  meeting in October.  
Let me already mention the "Annual Report on notifications and other information flows " which 
is also listed under this agenda item, and which provides a n overview of  submission rates and trends 
in Members ' notifications since 1996. With your permission, Chair, I would suggest that the 
Secretariat be given the floor again later under this item, to provide a more thorough introduction 
to that rather substantive document.  IP/C/M/98/Add.1  
 
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United Kingdom  
As we  have stated in previous sessions, the United Kingdom attaches great significance to the 
WTO notification system and its role in promoting transparency between WTO Member s. Transparent 
notification of IP measures promotes a w ell-functioning international IP framework and through that 
the growth of innovative industries worldwide.  
To provide a clearer picture of the United Kingdom 's IP framework to Members, we have been 
notifying to Members a number of legislative changes made since we last updated the Council on 
our IP laws and regulations.  
This process has continued, with Members receiving updates via the e -TRIPS system. We thank 
the WTO Secretariat for their patience and support throughout this process. Additionally, we have  
also recently notified a number of new laws relating to the UK 's exit from the E uropean Union. 
These have been of a technical nature, making amendments to domestic arrangements to 
ensure that UK national law continues to function effectively in light of t he UK 's exit, reflecting the 
Withdrawal Agreement and the retention of EU law in UK law, following the end of the transition 
period.  
With regard to  our historic notifications, which covered the areas of copyright, patents and 
enforcement, I will cite examples along a path reflecting the changing world around us and the 
importance of ensuring that the UK IP system is fit for purpose and makes the most  of technological 
developments. Our examples highlight how the UK has continued to help innovators and creators 
protect their IP rights.  
The UK remains committed to an effective and balanced IP regime that drives innovation, 
investment, and economic opport unity for the benefit of all. By ensuring that the system remains 
up to date, we have been able to make sure that our IP regime remains fit for purpose.  
The Copyright, etc Trade marks (Offences and Enforcement) Act 2002 amended the criminal 
provisions in in tellectual property law, specifically the law relating to copyright, rights in 
performances, unauthorised decoders and trademarks, to ensure the penalties reflected the 
seriousness of the crimes they cover.  
This provision , as stated here,  provides law enfo rcement with broader tools to help tackle IP 
crime and introduces further deterrents to criminals seeking to benefit from IP infringement.  
The UK continues to greatly value harmonisation of international systems and standards, 
supporting the ongoing evolut ion of a global system that fosters innovation and creativity – an 
update to the UK 's IP system that demonstrates this was the Artist 's Resale Right (ARR) Regulations 
2006.  
Prior to the introduction of the ARR Regulations, there were no resale rights in th e UK.  The 
Artists ' Resale Right entitles creators of artistic works to a royalty payment each time their works 
are sold by an art market professional.  This right to the royalty has the same duration as copyright 
– generally, the life of the author plus 70 years.  
The 2006 Regulations also implemented aspects of Article 14ter of the Berne Convention for 
the Protection of Literary and Artistic Works. This is the only international agreement which grants 
and governs ARR. It is an optional right with a reciproci ty obligation for and between countries that 
offer it, its implementation shows that the UK will make the most of the wider international 
framework to ensure its creators are duly rewarded for the fruits of their creative endeavours.   
We are still consider ing providing more details of the legislative changes and their functioning 
within the UK IP ecosystem, potentially in a workshop at a future point.  The United Kingdom 
continues to look forward to engaging with all WTO Members in our collective effort towa rds 
defending and improving the multilateral trading system.  IP/C/M/98/Add.1  
 
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Korea, Republic of  
As introduced by the Secretariat, t he Republic  of Korea duly  notified, our amendment and 
revision was made in the areas of the Administrative Procedures Act, Agricultural and Marine 
Products Quality Control and its Regulation, and Copyright Law and relevant regulations. It seems 
that Agricultural and Marine Products  Quality Control Act was notified a bit late and it is not reflected 
yet. 
Basically,  the purpose of our recent amendment was to reflect the change in government 
structural change in the relevant law so that there is no confusion in practice, and also to en hance 
the rights of consumers in general. Specifically, in the Administrative Procedures Act, it is now 
possible for general citizen s to request for the public hearing, and we expanded ways and means for 
our nationals to participate in administrative matte rs. 
In Copyright Law, in order to enhance the rights of access to information for the 
hearing -impaired  person, we now allow for the free closed captions and public transmission for the 
hearing impaired. In case when the central or local level governments o wns full copyrights, we allow 
our people 's free use. Well, these are only part of our efforts that have been made in this area, and 
taking this chance, we assure you that we will keep doing our good work in this regard.  
Ukraine  
Ukraine presents its notification (IP/N/1/UKR/10 ) on a number of legislative and institutional 
developments in the field of intellectual property, which have occurred recently and aimed at 
achievement of efficient level of intellectual property rights p rotection.  
On 16 June 2020, the Parliament of Ukraine adopted the Law of Ukraine "On Amendments to 
Certain Laws of Ukraine Concerning the Establishment of a National Intellectual Property Authority " 
which entered into force on 14 October 2020.  
The Law introduced the two -tier structure of the state system of legal protection of intellectual 
property with the Ministry for Development of Economy, Trade and Agriculture being responsible for 
development a nd implementation of the public policy in the field of intellectual property, and the 
National Intellectual Property Authority (NIPA) performing certain public functions to implement this 
policy.  
Since 14 October 2020 the State Enterprise "Ukrainian Intel lectual Property Institute " has 
started executing functions of NIPA in accordance with the Resolution of the Cabinet of Ministers of 
Ukraine "On National Intellectual Property Authority " adopted on 13 October 2020.  
NIPA has been performing, in particular,  the following functions:  
a. receiving and considering applications for registration of copyright, as well as the contracts 
on the author 's rights;  
b. receiving and considering applications for registration of industrial property objects and 
conducting their e xamination (inventions, utility models, industrial designs, trademarks, 
geographical indications, semiconductors etc.);  
c. issuing titles of protection (patents, certificates);  
d. preparing, training, examining and registering patent attorneys; support the fun ctioning 
of collegiate bodies (Appeal Board etc.);  
e. conducting functions as International Searching Authority and International Preliminary 
Examination Authority (ISA/IPEA) under the PCT Treaty;  
f. representing Ukraine in international organizations , etc. 
Ukraine considers intellectual property area as being of great importance to the economy and 
one of the key priorities of the Ukrainian Government.  IP/C/M/98/Add.1  
 
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Japan  
This delegation is pleased to inform the Council that Japan recently amended its Patent Act, 
Design Act, Trademark Act and Copyright Act. The amendments have been notified to this Council 
in accordance with Article 63.2. The reference numbers are documents  IP/N/1/JPN/51 to 54. Taking 
this opportunity,  we would like to briefly explain some major points about the amendments.  
The Patent Act was amended to strengthen the procedures of evidence -collection for the parties 
in proceedings relating to infringement o f a patent right. In the case that there is a possibility of 
patent infringement, the court will designate a fair and neutral technical expert as an investigator 
upon the petition of the parties. The investigator enters a factory, office or other place of the 
suspected infringer, conduct an investigation, and create and submit to the court a report on the 
results.  
The Copyright Act was amended in order to provide the measures aiming at an appropriate 
protection of copyrights including, but not limited to, t he countermeasures for the pirated copies on 
the Internet and the measures aiming at smoothening the use of copyrighted works.  
More specifically, the scope of illegally uploaded copyrighted works, whose download is 
restricted, was broadened from music and audio -visual to overall copyrighted works such as comic 
books, papers and computer program mes. Even if the use of the pirated works is private purpose, 
the download of illegally uploaded copyrighted works is to be deemed illegal.  
The Government of Japan wi ll continuously fulfil its obligation to ensure the accessibility and 
the transparency of the Japanese intellectual property system.  
WTO Secretariat  
The Secretariat circulated the note entitled "Annual Report on Notifications and Other 
Information Flows " on 2 March  2021, under document IP/C/W/676. The report gives a factual 
overview of submission rates and trends for each of the primary TRIPS transparency mechanisms, 
including: notifications of la ws and regulations; contact points; responses to the checklist on 
enforcement and checklists relating to the reviews under Articles 24.2 and 27.3(b). It also discusses 
developed country Members ' annual reports under TRIPS Articles 66.2 and 67.  
The report is a continuation of the Secretariat 's efforts to improve the factual information 
available to Members regarding the operation of the Council 's transparency function. In the wake of 
the 2008 global financial crisis, the then -Chair of the General Council in vited the TRIPS Council, 
among other WTO bodies, to consult on ways to improve the timeliness and completeness of 
notifications and other information flows. The Council, in turn, asked the Secretariat to improve the 
visibility and user -friendliness of the TRIPS notification system. In consultation with Members, who 
offered detailed feedback and guidance during its development, we launched the e -TRIPS 
information system in 2019. This optional online system makes it easier for Members to track and 
submit noti fications, responses to checklists of questions, and reports. It also facilitates access to 
the massive amount of complex information that has been notified and reported to the Council over 
the past 25 years.  
The report on notifications and other informati on flows makes use of the greater accessibility of 
this information. It seeks to help Members identify broader trends from the publicly  available e -TRIPS 
data, and to extend to the TRIPS Council a service of annual reporting on transparency mechanisms 
that is customary in other comparable WTO bodies. The current report covers submissions circulated 
from 1995 through to the end of 2020. Resources permitting, we propose to update it annually, akin 
to the parallel practice of other WTO bodies. Subsequent repor ts would focus on submissions made 
during the preceding year.  
Following a brief introduction, the current report begins by informing Members of the rate at 
which they have taken up the e -TRIPS system. The data show that, since its 2019 launch, the 
e-TRIPS Submission System has become the primary means by which Members and observers 
submit notifications, responses to checklists of questions, and reports. The e -TRIPS Gateway, in 
turn, has become a popular resource for Members, both delegates and capital -based  officials, and IP/C/M/98/Add.1  
 
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  other stakeholders who seek to access and analyse the documents and data contained in Members ' 
submissions.  
The report then addresses each TRIPS transparency mechanism in turn. Each sub -section 
begins with a brief overview of the nature of  the commitment (which stems either from the 
TRIPS  Agreement itself, or subsequent decisions of this Council), before offering a summary of the 
submissions circulated from 1995 through to the end of 2020. We identify discernible  trends and 
offer supporting  charts, graphs, and tables for each mechanism. I will highlight a few key points, 
and display a few of the supporting charts and graphs from the report on the next slides.  
First, with respect to notifications under Article 63.2 of the TRIPS Agreement, it is evident that 
from 1995 through 2002 Members exerted significant efforts to submit initial notifications of their 
laws and regulations, and to respond to the checklist of questions on enforcement. However, given 
the ongoing nature of these obligations, a nd Members ' continuously evolving IP systems, fewer 
notifications of subsequent and revised legislation, and fewer updates to the checklist on 
enforcement, have been received than would have been expected. 40% of Members subject to the 
Article 63.2 obligat ion have not notified a new or amended law or regulation in over 15 years.  
There is reason for optimism, however – 21 Members notified one or more new or amended 
laws or regulations during calendar year 2020, which is the highest rate of annual participation since 
2005. The total number of notifications submitted in 2020 also gre w as compared to 2019, due in 
no small part to the significant efforts of the United Kingdom to update the Council on its current 
and historical trademark and industrial design laws. The report provides additional statistics 
regarding notified laws and reg ulations, including breakdowns by development status, region, and 
subject matter, as well as a heat map identifying the Members who made notifications in 2020.  
With respect to contact points under Articles 69 and 67 of the TRIPS Agreement, the data shows 
that most Members under the obligation to notify these contact points have done so. However, some 
of the contact points may be in need of updating, as over 50% were submitted more than ten years 
ago, and a number date back over 20 years.  
The report also p rovides information regarding developed country Members ' reports relating to 
incentives to enterprises and institutions for the purpose of promoting and encouraging technology 
transfer to least  developed country Members under Article 66.2 , and reports on technical cooperation 
under Article 67. The report on not ifications and other information flows identifies the number of 
developed country Member reports received per year, as well as the frequency with which individual 
Members have submitted reports.  
Submissions pertaining to the Council 's review under Article  24.2 of the application of the TRIPS 
Section on geographical indications, and the review under Article 27.3(b), relating to domestic 
frameworks for protecting biotechnology inventions and new plant varieties, are also featured in the 
report. The data show  that in recent years, a handful of Members have submitted responses to 
checklists on these topics, breaking a decade of minimal to no activity. The potential remains for 
much more engagement, however. Fewer than one -third of Members have submitted respons es to 
the checklist established by the Council under Article 24.2 on domestic systems for protection of 
geographical indications. Fewer than one -sixth of Members have submitted responses to the 
checklists established under the Council 's review of Article 2 7.3(b) on domestic frameworks for 
protecting biotechnology inventions and new plant varieties.  
Much more information can be found in the report itself, including information relating to less 
frequently triggered ad hoc  notifications, such as those under t he Special Compulsory Licensing 
System for medicines. Detailed tables in the Annex to the report supplement the main text by 
offering data by submission type and individual Member.  
We trust that this document will assist Members in enhancing the benefits of the transparency 
mechanisms set up under the TRIPS Agreement and by decisions of this Council.  We encourage 
Members to review the report closely and to contact us with any questions regarding the data or the 
procedures for making a notification or other  submission.  IP/C/M/98/Add.1  
 
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  2  REVIEW OF NATIONAL IMPLEMENTING LEGISLATION  
No statements were made under this agenda item.  
3  IP MEASURES IN THE CONTEXT OF COVID -19 
Chile  
Chile wishes to thank the Secretariat for preparing a compilation of the measures notified to 
the WTO and keeping it up to date. Moreover, we wish to commend those Members that have notified 
their various measures, thereby contributing to transparency, whi ch is one of the fundamental pillars 
of this Organization. In this sense , we consider it extremely useful for Members to continue notifying 
the various measures that they are adopting, as this enables them to share experiences while helping 
other Members t hat are assessing potential measures to tackle the pandemic.  
Canada  
Canada would like to thank the WTO Secretariat for its ongoing work on the compilation of IP 
measures in the context of COVID -19. This list continues to serve as a valuable resource for WTO 
Members in identifying IP -related measures and sharing their respective practices and experiences 
in addressing COVID -19. This compilation also contributes to the broader principles of transparency 
and of promoting g reater understanding of how IP measures can contribute to the global response 
to the pandemic . Canada was pleased to share its own recent IP -related measures in response to 
COVID -19 at the most recent, regular session of the TRIPS Council in October 2020, and looks 
forward to a further exchange of experiences with other Members.  
Canada also takes note of the corresponding link to the WIPO COVID -19 IP Policy Tracker on 
the WTO webpage on IP measures in the context of COVID -19, which similarly maintains a 
compilation of IP office measures in response to COVID -19, as well as information on legislative and 
regulatory measures. In the spirit of collaboration between the WTO and WIPO, as well as with the 
WHO, Canada would support any further work towards making th ese materials commonly accessible 
on each organization 's respective websites, such as through a common clearinghouse of trilateral 
work on IP, innovation, and public health.  
On this point, Canada takes note of, and welcomes, the recent publication of the second edition 
of the W HO-WIPO -WTO trilateral study on "Promoting access to medical technologies and 
innovation ", and would support any further discussion on avenues to develop resources and 
materials relevant to the response to COVID -19 in a coordinated m anner, with a view to leveraging 
and drawing upon the extensive technical expertise of all three organizations.  
European Union  
First of all, we would like to thank the WTO Secretariat for the compilation of the  IP measures 
on related to COVID -19. The EU would like also to notify o ne measure in this context.  
On 1 December 2020, the Hungarian Intellectual Property Office granted three public health 
special compulsory licences  related to Remdesivir , under Article 33/B(1)(a) of the Hungarian Patent 
Act, solely for domestic use. Article 33/B of the Hungarian Patent Act provides the possibility of 
granting special compulsory licences  based on Article 31 of the TRIPS Agreement.  
Ecuador  
We appreciate the Secretariat 's compilation of these measures. Ecuador wishes to reiterate its 
commitment to the Doha Declaration on the TRIPS Agreement and Public Health, as well as to the 
flexibilities provided for in t he Agreement.  
In this regard, and in accordance with the provisions of the Agreement, theEcuadorian domestic 
legislation includes a  compulsory licensing regime . In order to use the flexibilities of the Agreement, 
various conditions must be met depending on  the type of licence required. Such conditions include 
those relating to matters of public interest, which are consistent with our constitution.  IP/C/M/98/Add.1  
 
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The intellectual property measures adopted by Ecuador in the context of COVID -19 include the 
creation of the "COVID -19 and intellectual property " infosite of the National Intellectual Rights 
Service (SENADI), containing publicly available information on technologies that are useful for 
combating the pandemic, and also a patents bulletin produced in conjunction with  PROSUR (Latin 
American IP cooperation system). This information is included in the list of IP -related measures 
compiled by the Secretariat.  
South Africa  
Information may not always be complete, nor completely up to date, given the extremely 
fast-paced dynamic of the COVID -19 outbreak , as well as response measures. South Africa would 
once again like to reiterate its support for this item to remain on the agenda of the TRIP S Council 
and thanks the Secretariat for its ongoing work to update the compilation. The compilation of 
measures is a useful tool that not only inform s Members regarding measures by other Members , but 
can also be a useful  basis for inclusive  dialogue.   
COVID -19 is a global pandemic that knows no boundaries. A global problem requires a global 
solution. We can only defeat  the pandemic through multilateral cooperation, as no one is safe until 
everyone is. The TRIPS waiver, as introduced by proponents, is the most viable policy instrument 
that will halt the rapid transmission of the COVID -19 virus, reduce the risks of varian ts and promote 
economic recovery. An effective response to the pandemic is only achievable when everyone, 
everywhere can access the health technologies they need to detect, prevent and treat COVID -19, 
but also ensure that no measures are taken which would adversely affect this particular objective.  
We have seen that this task is made harder when Members act in ways to secure their self -
interest to the exclusion of others. We specifically refer to the European Union's Implementing 
Regulation (2021/111), whic h establishes an export authorisation scheme. The EU's decision has 
the potential to restrict or otherwise negatively affect the export of vaccines and key vaccine 
supplies. In our increasingly interconnected world and global economy in which manufacturing  
depends on international cooperation, we are worried that the EU's decision could have ripple effects 
that will ultimately hinder and not help our efforts to bring the pandemic under control. Decision 
makers need to clearly explain their decisions. Now, m ore than ever, the voices of those who are at 
risk of getting left behind need to be heard. In the end, we must ensure that we do not do more 
harm than good with the measures in place. Though this measure is not taken up in the COVID -19 
measures in relatio n to TRIPS, we would ask the EU not to renew this measure when it expires.  
China  
We welcome Members sharing the information in the context of COVID -19 and thank the 
Secretariat for compiling this information. The COVID -19 pandemic is still widespread. We believe 
that experience -sharing and information exchange in an open and transparent way is still important 
for Members to learn from each other so as to come up with better measures in response to the 
pandemic. Until now , China has notified two measures to this Council. We are willing to continue 
sharing the information with Members.  
Russian Federation  
In 2020 the global community faced a terrible challenge in a form of th e COVID -19 pandemic 
that had a negative impact on social and economic development as well as healthcare systems of 
practically all WTO Members. As we see from the table on COVID -19 measures prepared by the 
Secretariat, with thanks to the Secretariat for th is hard work, this disease made the governments of 
many countries reconsider their policies in the sphere of IP protection in order to facilitate access 
and encourage innovative activity.  
During the COVID -19 pandemic, the Government of the Russian Federati on facilitated the 
procedures of the registration of patents by putting the main part of this process online and 
shortening the period for consideration of application for IP protection. We considered this approach 
to be an efficient way to facilitate acce ss to essential goods that are important to optimize healthcare 
capacities and reduce the rate of infection spread.  IP/C/M/98/Add.1  
 
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As of February 2021,  the Russian patent system protects more than 160 patents for 
technologies aimed at combating COVID -19, including vaccin es, diagnostic test systems, 
technologies for disinfection of air and objects and many other inventions.  
The health cris is caused by the pandemic forced the government of the Russian Federation to 
introduce a new urgent measure and use the possibilities un der the TRIPS Agreement. The 
Government of the Russian Federation issued the Order allowing for the temporary use of patents 
for Remdesivir without permission of the right holder until the end of 2021. This measure was 
focused on the prompt provision of th e population of the Russian Federation with the necessary 
amount of medicines to unlock healthcare system capacities. From the beginning of the COVID -19 
pandemic, the Russian Federation accounts for 4,280,000 coronavirus cases, 3,880,000 people 
recovered a nd 87,000 lethal cases.  
To carry out the hard work of treatment for the population, a strategy of the Russian healthcare 
system was made on the earliest possible access to vaccines. New digital procedures of the Russian 
IP office were used for timely regi stration of patents for new vaccines. Currently, the Russian patent 
system provides protection for 12 patents for COVID -19 vaccines, their active substances and 
components. Five of them were registered at the request of the Gamaleya National Center of 
Epidemiology and Microbiology as their first in the world coronavirus vaccine known as "Sputnik V". 
The Russian Direct Investment Fund financed the development and manufacturing of this vaccine 
and played the key role to its distribution. The accessibility and  safety of the vaccine were the 
priorities. Sputnik V shows its efficiency in more than 90% cases and its targeted price is less than 
USD 10 per dose.  
As of today, Sputnik V was approved for use in 46 countries in practically all regions of the 
world (Asia , Africa, Latin America, and Europe). Actually, the vaccine is under the WHO emergency 
use evaluation process. And we hope it will soon allow the use of Sputnik V in all the WHO 
cooperation programmes.  
In order to scale the production of the vaccine and ma ke Sputnik V available for as many people 
as possible, the Russian Direct Investment Fund concludes licensing agreements for local production. 
Currently, there are such agreements with eight countries around the world.  
The developers of Sputnik V initiate d consultations with some other manufacturers of vaccines 
for discovering opportunities to use the combinations of their products. So new inventions will create 
future ones for the commonwealth.  
In conclusion, we emphasize that the pandemic crisis has for ced the governments to introduce 
new solutions. Most measures have been taken to make IP systems more efficient and faster. 
Digitalization on a large scale has been introduced. Deep attention has been paid to increase the 
level of knowledge about existing inventions. We see a great need for the dissemination of new 
knowledge and sharing IP to combat the pandemic on a global scale. We believe that the open and 
comprehensive cooperation of all interested parties can make it possible. The Russian Federation is  
always ready for any cooperation with all the WTO Members and international organizations to 
combat this COVID -19 crisis.  
Indonesia  
We thank the Secretariat for their effort in compiling this very important informa tion that would 
be beneficial for all Members to learn from each other on using IP measures to respond to a public 
health crisis.  
Concerning Hungary's notification, we would like to understand more on how this is in line with 
the European Union's interpret ation of Article 31 of the TRIPS Agreement and the EU Action Plan on 
Intellectual Property , which underlined that compulsory licensing is a last -resort action that could be 
taken by Members. At the same time, it is reported that Hungary is simultaneously obtaining the 
medicine via the EU Joint Procurement Agreement. Hungary's experience in swift ly using compulsory 
licensing under Article 31 of the TRIPS Agreement for Remdesivir could probably help Indonesia and 
other developing countries and LDCs to invoke TRIPS flexibilities more efficiently in the near future. 
We would like to understand more a bout Hungary's experience on this matter.  IP/C/M/98/Add.1  
 
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European Union  
First, I would like to react to the intervention made by the delegation of Indonesia. We take 
note of the question on these measures Hungary implemented,  and we will see what other 
information is available and we will come back on this issue. So this is ou r reaction to Indonesia's 
intervention.  
Also, we would like to react to the intervention South Africa made concerning the EU measure 
related to export restriction. This decision is a reaction to a possible breach of contracts signed with 
the EU, as doses t hat were initially destined for the EU may have been exported to third countries. 
This would be a clear and unacceptable violation of legal obligations by the companies in question, 
while delaying the vaccination of EU citizens.  
In order to prevent such v iolation, the Commission has decided that all vaccine manufacturers 
should declare exports to third countries. From 30 January, the customs authorities are checking all 
vaccine export declarations. They may also control the products and trace their origin to ensure that 
they do correspond to third countries purchase contracts. These checks and controls will ensure 
transparency in a sensitive market, and avoid reselling, litigations and traffic king. They will be 
conducted in a speedy manner to avoid unnecess ary additional delays.  
These obligations are strictly targeted to vaccine manufacturers and are applicable for a limited 
period of time. They will be proportionate and will not slow down the vaccine trade between the EU 
and third countries. These measures  have been designed in a targeted manner to limit the impact 
on our trad ing partners and to exempt the most -vulnerable countries. The legal decision adopted 
explicitly rules out exports:  
a. to the EFTA countries, the Western Balkans, the neighbourhood countri es,  
b. the 92 low - and middle - income countries covered by the COVAX facility, as well as those 
delivered through COVAX, UNICEF and PAHO to any COVAX participating country; as well 
as  
c. in the context of a humanitarian emergency response.  
With these provisio ns, the EU stands to its commitments towards its partners.  
4  REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B)  
5  RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON 
BIOLOGICAL DIVERSITY  
6  PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE  
Saudi Arabia, Kingdo m of 
According to the TRIPS Agreement 's obligations , we would like to inform the Council that the  
Kingdom of Saudi Arabia, submitted through e-TRIPS  a notifica tions regarding to Article 2 7.3 (B) , 
which contains our responses to the length of questions to be prepared by the Secretariat  and some 
other countries under document IP/C/W/122.  The matter under Article 27 .3 (B) has been reflected 
in Saudi Arabian Law of Paten ts, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial 
Designs  in order to fulfil the obligat ion under the TRIPS Agreement . The submitted document 
IP/C/R/BT/SAU/1 provides more details on such responses . 
South Africa  
We take the floor t o merely recall our previous statements on these items. As indicated 
previously, in this discussion we often lose the relative importance of the individual components 
making up the 'Triplets '. The Doha Ministerial Declaration instructed the TRIPS Council as part of its 
work programme to review Article 27.3(b) as well as to examine the relationship between the 
TRIPS  Agreement and the Convention on Biological Diversity and the protection of traditional 
knowledge and folklore. These are legitimate outstanding im plementation issues which remain an 
integral part of the Doha Round single undertaking.  IP/C/M/98/Add.1  
 
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In line with our previous statements, it would be useful for the CBD Secretariat to brief the 
TRIPS  Council on the CBD and other implementation issues under the Nagoya  Protocol as well as 
any new developments.  
We wish to raise once more the issue of the update of the three technical notes contained in 
documents IP/C/W/368/Rve.1, IP/C/W/369/Rev.1 and IP/C/W/370/Rev.1. It would be appropriate 
for the Secretariat to update  the information contained in these notes in a neutral manner to further 
facilitate discussions among Members.  
India  
Our position on these issues remains unchanged. We reiterate the need for an international 
enforcea ble regime to end misappropriation of genetic resources and traditional knowledge. We need 
to move forward in our discussions on three mandated issues, namely the TRIPS -CBD linkage , GI 
register and GI extension based on the modalities contained in document TN/C/W/52. We also 
support the updating  of three factual notes and the request to invite the CBD Secretariat to brief the 
TRIPS Council.  
Chile  
Our country 's position is well -known, and we would simply like to reiterate what our delegation 
has already mentioned under these items during past meetings of the Council. We would like to 
thank the Kingdom of Saudi Arabia for updating the Checklist of Issues, which ar e being examined 
in our capital, and congratulate it on its successful trade policy review of last week.  
Brazil  
We refer to our previous statements regarding the relationship between the TRIPS Agreement 
and the Conv ention on Biological Diversity (CBD). Our position is well -known and remains 
unchanged. We would like to take this opportunity to inform Members of Brazil 's ratification of the 
Nagoya Protocol to the CBD.  
The Protocol 's ratification reaffirms a decades -long commitment to a fair and balanced 
distribution of the benefits arising from the use of genetic resources and associated traditional 
knowledge. Even before formally adhering to the instrument, Brazil already applied i ts main 
provisions domestically.  
Brazil 's adherence to the Nagoya Protocol will contribute to bringing legal certainty to users and 
suppliers of genetic material and may play an important role in the process of enhancing the value 
of Brazilian environment al assets and in the development of the bioeconomy. The deposit of the 
ratification instrument is a sign of the country 's commitment to seeking full compatibility between 
the TRIPS Agreement and the CBD, a task to which we call on all Members to contribute . 
China  
China 's position on this issue has not been changed. China hopes that Members can 
constructively involve in this discussion.  
Regarding the procedure issue, we would like to thank the WIPO Secretariat for the  presentation 
in last October 's meeting. We still support inviting the CBD Secretariat to brief on the Nagoya 
Protocol. We also wish that the Secretariat could renew the three factual notes.  
Regarding the substantial  issue, China supports amending the TRI PS Agreement to ensure the 
mutual support between the TRIPS Agreement and the CBD and its Nagoya Protocol. We believe 
that adding disclosure requirement of genetic resources to the process of patent application will help 
to prevent misappropriation of gene tic resources and granting erroneous patents. In addition, setting 
up a reasonable system for prior informed consent and benefit sharing could ensure better protection 
for genetic resources. Benefit sharing solely based on contractual terms is not sufficie nt. IP/C/M/98/Add.1  
 
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Ecuador  
My delegation wishes to reaffirm its commitment to promoting balanced intellectual property 
(IP) regulation as a useful tool for promoting research and innovation. Ecuador reaffirms its position 
on the need for review of Article 27.3(b).  
We consider it essential to have legal instruments that ensure the effective protection of genetic 
resources, traditional knowledge and traditional cultural expressions, promote appropriate 
conditions for access and use, and provide for disclosure of the source of origin, prior informed 
consent, access and equitable sharing of benefits. We need to take into account the need to facilitate 
complementarity between IP standards and international agreements relating to gen etic resources, 
in particular the Convention on Biological Diversity.  
Lastly, we reiterate our request to the Secretariat to prepare update s of three factual notes on 
previous topics, the last compilation of which was produced in 2006. We emphasize that th ese 
update s will provide greater clarity regarding the issues discussed, without prejudice to each 
Member 's position, and thus enable progress in the work of this Council.  
Indonesia  
We would like to reaffirm our posi tion on the importance of the negotiation of relationship 
between TRIPS Agreement and the Convention on Biological Diversity, as well as the need to protect 
traditional knowledge and folklore.   
Article 27.3(b) and Article 29 of the TRIPS Agreement do not p rovide any legal obligation for 
Member s to take all necessary measures for fair and equitable sharing of benefits as required by the 
CBD and the Nagoya Protocol. This provides a room for misappropriation and misuse of genetic 
resources and traditional know ledge. Indonesia believes that it is paramount for the Council to give 
simultaneous and adequate attention to address this issue.  
Nigeria  
I wish to recall previous information provided  by Nigeria on these subject matters of which our 
positions remain unchanged. We wish to underscore that in order to develop a sound and viable 
technological base in developing countries and LDCs, any utilization of genetic resources from these 
regions mus t involve sustainable use in order to conserve biological diversity, and must show 
evidence of a fair and equitable sharing of benefits, as are the principles of the CBD.  
As a concrete way forward and in line with your direction Chair, we call on Member s to move 
forward on discussions in order to review the TRIPS Agreement on the requirement for patent 
registration, to include traceability and a prior informed consent from the source, in respect of any 
product manufactured from the utilization of genetic resources or traditional knowledge and folklore. 
We therefore urge Member s to consider collaborating with each other both regionally and 
internationally, in order to achieve  this mutually beneficial goal.  
Kenya  
The protection of biological resources, traditional knowledge and folklore is an important 
developmental issue and of particular interest to many Members. In this regard, Kenya f ully supports 
the examination of the relationship between the TRIPS Agreement and the Convention on Biological 
Diversity (CBD), as the TRIPS Council was mandated by  paragraph 19 of the 
Doha Ministerial  Declaration.  
Kenya believes that the TRIPS Agreement and the CBD should be implemented in a manner 
that is mutually supportive and does not run counter to their respective objectives. We therefore 
consider that the TRIPS Agreement should be amended to incorporate a pro vision for Members to 
require that a patent application involving the utilization of genetic resources and/or associated 
traditional knowledge should disclose the source and country of origin of biological resources and 
associated traditional knowledge in accordance with the CBD. In addition, there should also be a 
requirement of evidence of prior informed consent and equitable benefit sharing under relevant 
national law.  IP/C/M/98/Add.1  
 
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We believe that to develop a sound and viable technological base in developing countr ies and 
LDCs, any utilization of local genetic resources must be in a sustainable manner in order to conserve 
biological diversity.  
Finally, Kenya continues to encourage the engagement of the Director -General , 
Dr Ngozi  Okonjo -Iweala,  in her mandated consul tative process on the relationship between the 
TRIPS Agreement and the CBD. We look forward to the outcome of these consultations and 
encourage other Members to engage constructively in the process, considering that this issue is of 
high priority for many developing countries, since they are often victims of biopiracy.  These 
dishonest practices must be combated effectively to facilitate the sharing of the benefits gained from 
the exploitation of such resources.  
Bolivia, Plurinational  State of  
While Bolivia 's position on these agenda items remains unchanged, we consider that it is 
important to reiterate several points that continue to generate debate.  
Bolivia contends that natural processes and environmental functions cannot be 
commercialized, and therefore all forms of life in their natural state or one of the components thereof 
in isolation, including plants and animals and parts thereof, gene sequences and microorganisms, 
as spec ified in Article 27(3)(b), must be excluded from patentability.  
Bolivia considers that this prohibition is closely linked with the Convention on Biological 
Diversity, and in this regard, it is essential to ensure that the intellectual property system is 
compatible with this Convention. For this reason, it is necessary to supplement the provisions of the 
TRIPS Agreement. Achieving this balance between both instruments will help to prevent biopiracy 
and misappropriation of genetic resources and traditional kn owledge, and will provide developing 
countries with appropriate mechanisms to ensure adequate comprehensive protection.  
Lastly, it is important to update the TRIPS Agreement so as to include these aspects, 
regardless of the fact that negotiations on the ma tter are being conducted at the World Intellectual 
Property Organization.  
Bangladesh  
Bangladesh thanks the Kingdom of Saudi Arabia for their responses to the checklist of 
questions prepared under Article 27.3 ( b). 
On agenda items 4, 5 and 6, the position of Bangladesh has not changed. In this regard, to 
avoid repetition, I refer to my delegation 's statement delivered during the previous TRIPS Council 's 
meetings. Bangladesh supports discussions towards a progress on these issues and stands ready to 
engage constructively with Members.  
United States of America  
Regarding genetic resources, traditional knowledge  and folklore, we continue to believe that 
WIPO serves as the best forum to address these issues. The WIPO IGC is looking at addressing 
unresolved issues and working on a common understanding of core issues, using an evidence -based 
approach and examples of  national experiences.  
The United States will continue to engage in technical discussions at the WIPO IGC and looks 
forward to hearing more from the demandeurs  regarding data supporting their position s on this 
issue. With respect to the various request s made, the United States is not in a position to support 
these requests, but remains open to discussions, including bilaterally with delegations in between 
and at the margins of the TRIPS Council meetings.  
Japan  
Japan 's position remains unchanged, so we would like to make our intervention briefly, 
highlighting some major points.  IP/C/M/98/Add.1  
 
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Regarding the proposal to introduce the disclosure requirement in the IP system, there is 
concern that the introduction of such a requirement wo uld discourage industries from conducting 
research and development activities on biological materials.  
In addition, this delegation believes the WIPO IGC is the most appropriate forum for holding 
technical discussions on genetic resources, traditional know ledge and folklore from IP aspects. This 
delegation remains willing to contribute to evidence -based discussions on these issues in a 
constructive and effective manner.  
Canada  
Canada 's position on agenda items 4, 5, and 6 is well -known. On the TRIPS Agreement and 
the CBD, Canada continues to believe that these agreements are complementary, and that there is 
no need to amend the TRIPS Agreement in this regard.  
On the protection of trad itional knowledge and folklore, Canada remains of the view that the 
WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional 
Knowledge and Folklore (IGC) remains the most appropriate venue for these discussions, bringing  
together necessary technical expertise for concrete discussions and exchanges of national 
experiences that remain key to considering the issues at hand. Canada looks forward to the 
resumption of substantive IGC discussions in due course.  
With respect to p rocedural matters at  the TRIPS Council, as previously noted and without 
prejudice to our position on substantive matters, Canada could  support a procedural briefing from 
the CBD Secretariat to the TRIPS Council, as well as the compilation of the three fact ual notes by 
the WTO Secretariat. As previously noted, Canada remains of the view that this would remain an 
information collating exercise.  
Australia  
Australia believes that WIPO IGC is the best place with the ap propriate technical expertise to 
consider complex issues relating to IP and genetic resources, and associated traditional knowledge 
and cultural expressions. We heard that Members will adopt the spirit of compromise when the issue 
of genetic resources will  be considered in WIPO.  
7  NON-VIOLATION AND SITUATION COMPLAINTS  
Nigeria  
We wish to recall our previous statements under this agenda item. We look forward to the 
proposal and suggestions by any Member  on the examination of scope and modalities of application 
of the NVC under TRIPS as provided under the TRIPS Agreement. We suppo rt your suggestions 
Chair , on the way forward to find ways out of this deadlock. However, in the meantime, we believe 
that non -violation and situation complaints should not be applicable under the TRIPS  Agreement and 
we urge the TRIPS Council  to make this recommendation to the upcoming Ministerial Council . 
South Africa  
Thank you Chair  for your report on the last information meeting convened on 10  February 
2021 and recalling our engagement during the past year.  
South Africa is not a proponent of the application of NVSCs and the proponents of the 
application of NVSCs complaints under th e TRIPS Agreement have not provided concrete examples 
of the kind of scenarios under which an otherwise TRIPS -consistent measure would impair or nullify 
benefits beyond those arising from the obligations set out in the Agreement. In the past we identified 
a few useful elements that can inform a debate on NVSC. We stand ready to work with other 
Members to advance work in this important area.  
Given the fact that this is a Member -driven organization , the first option could be for 
delegations to be invited to i dentify areas or elements of agreement which could be collated by the 
Secretariat. South Africa stands ready to submit an elements paper in this regard.  IP/C/M/98/Add.1  
 
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Chile  
Our delegation 's position is well -known among Members. Moreover, we welcome the decision 
made at the last meeting of the General Council in December 2019 to extend the moratorium.  
In our delegation 's view, both formal and informal talks on this matter at the Council have 
brought to light the exi stence of different positions concerning the conditions and modalities, and it 
is therefore appropriate to continue discussing the various aspects contained in the mandate of 
Article 64 of the TRIPS Agreement. Chile believes that it is vital to continue ex tending the moratorium 
until a common understanding can be reached on this matter. It also seems to us that the existing 
linkages with other moratoria within this Organization should be considered in this discussion.  
India  
Chair, thank you for your suggestions on the way forward. We support them. However, we 
believe that such complaints in TRIPS can have a debilitating impact on the regulatory policy space 
of Members and on implementation of TRIPS flexibi lities. They will not only introduce legal 
uncertainty but also severely restrain the ability of Members to achieve public policy objectives. We 
look forward to continuing  working with like -minded Members in making such complaints 
inapplicable to TRIPS.  
Bangladesh  
The position of Bangladesh on the proposed lifting of the moratorium on non -violation and 
situation complaints is well -known. We are in favour of establishing a permanent moratorium. To 
avoid repetition, I refer to my delegation 's statement delivered during the previous TRIPS Council 
meetings.   
On the way forward, Bangladesh fully supports the Chair 's suggestion that TRIPS Council Chair 
with support for the Secretariat may help identify the common elements from the previous 
discussions by the Members. This will provide a good basis for further discussion towards a progress 
on this subject. Bangladesh is ready to constructively engage on this issue further.  
Brazil  
Discussions on the scope and modalities of non -violation and situation complaints applied to 
TRIPS have been on the agenda of the Council since the advent of the WTO. Throughout the 25 -year 
discussions, Members ha ve expressed their views and concerns, and no concrete proposal has ever 
been put forward. There remain a lot of doubts as to how NVSCs could be applied to IP.  
Although NVSC provisions have been included in several regional and bilateral trade 
agreements in the past years, we have seen little, if any, jurisprudence emerging on the application 
of these types of complaints to IP. That lack of concrete cases has led us to a discussion that is 
essentially abstract in nature. With all attention shifted to the c ombat of the COVID -19 pandemic, 
we have been left with little room to progress on these discussions.  
Brazil continues to thoroughly analy se this issue domestically and its possible implications. 
Since Members are still assessing the matter and no consensua l approach has emerged as of yet, 
we believe we are not ready to have a decision on scope and modalities for the MC12.  
We support discussions to continue and invite Members to offer their views on any possible 
landing zones for these discussions, bearing i n mind the plurality of perspectives and the legitimate 
concerns expressed by Members. We will also report back regarding your suggestions of ways 
forward to the discussions.  
Indonesia  
Indonesia reaffirms its position in supporting the permanent moratorium of non - violation and 
situation complains. Applying NVSC to TRIPS Agreement could result in imbalance s between the 
rights of IP -holders, IP users, as well as public interest.   IP/C/M/98/Add.1  
 
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However,  we take note of your recommendation to provide ways forward with the NVSC issue. 
We will look into your suggestion and also will open to discuss the elements paper which South Africa 
stated earlier.   
European Union  
The European Union supported extending the moratorium of 13 December 2017 on not using 
TRIPS non -violation and situation complaints. However, the EU remains open to hear and discuss 
any possible solutions for the future.  
Ecuador  
Thank you for your efforts to move forward on this topic. Regarding the options that you have 
put forward, we have noted them and our capital will be analysing them. Ecuador reiterates its 
position that such complaints should not apply to the TRIPS Agreeme nt, since it considers that such 
complaints raise fundamental concerns about the scope of IP rights in relation to the establishment 
of minimum standards.  
Introducing such complaints would undermine the security and predictability provided by the 
multilate ral trading system, and that would lead to long -term inconsistency. We support the 
extension of the moratorium that has been requested by certain Members to enable further 
examination of the scope and modalities regarding any application of such complaints . 
Cameroon  
We support the extension  of the moratorium, and we hope that it  will be perman ent in the 
future . We also express  our appreciation , and endeavour  to address the issue raised by the 
proponent s, which  we have transmitted to the capital.  
We do believe that would be preferable for proponents  to make suggestions with regard to the 
scope and this would certainly give us more clarity on their expecta tions what they really want to 
achieve and we will  be happy to go through  it and see what is favourable , how we can engage in 
such discussions in the future . 
We also do believe  that, regarding MC12, it will be good for us to further deepen the discussions  
before submitting anything to the ministerial level . It would  be much appreciated if we can come 
out of MC12 with more substantive discussions, not only on the scope but also on how we can further 
strengthen the moratorium in a social way  which can fit with the global objective  of this Org anization . 
Switzerland  
Switzerland 's position under this agenda item is well -known and remains the same. Once the 
moratorium ends, we consider NVC complaints applicable under the TRIPS Agreement, just as under 
the two other pillar agreements of the WTO.  
In our view, there are no further modalities required for such complaints in t he TRIPS context. 
Switzerland is available to examine and discuss proposals from other TRIPS Council Members on 
TRIPS modalities for NVCs, should they consider such modalities beyond those provided by the 
Dispute Settlement Understanding as needed or usefu l. On how to proceed, we propose that the 
incoming Chair will hold consultations with interested Members on what might be the best way . 
China  
China 's position on this issue remains unchanged. Like many o ther delegations, China believes 
that non -violation complaints and situation complaints should not be applicable to the 
TRIPS  Agreement.  
As indicated in the briefing session organized by the WTO Secretariat last September, there 
are still not enough non-violation complaints and situation complaints cases in GATT and WTO to 
provide guidance for the modality and scope  of the TRIPS Agreement . In this case, we believe that 
if non -violation complaints and situation complaints are applicable to the TRIPS Ag reement, it will IP/C/M/98/Add.1  
 
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  break the right balance between Members . We are also willing to continue the discussion.  Chair, for 
your suggestion, we need more time to evaluate.  
Canada  
Canada 's longstanding position  on this issue remains unchanged: the availability of NVNI 
claims under TRIPS would create legal uncertainty for Members. Canada recognizes that the current 
moratorium exists thanks to consensus, and we trust that Members can continue to discuss these 
issues in a collegial manner, especially in view of the high concentration of Members with concerns 
in this area. We wish to express our continued interest in participating in any consultations that take 
place on this issue amongst other interested Members.  
Australia  
Australia is pleased that the TRIPS moratorium remains in place until MC12 . We expect MC12 
will be a good opportunity for Ministers to discuss the merits of applying non -violation complaints to 
the TRIPS Agreement, particularly as we collectively respond to COVID -19.  
As we grapple with the public health challenges posed by COVID -19, Australia has made clear 
our view that Members must have flexibility to take measures to protect public health in accordance 
with the TRIPS Agreement 's exceptions and flexibilities . But allowing for non -violation complaints 
may broaden the scope of pote ntial disputes and legal challenges under the TRIPS Agreement . This 
may risk limiting the ability for Members to take measures to protect public health free from legal 
challenge.  
We therefore support continued efforts to find a consensus solution on this issue, or to 
otherwise provide more time for a consensus solution to emerge on this basis . There may be a need 
to again extend the moratorium, particularly as we continue to grapple with the challenges posed 
by COVID -19.  
United States of America  
The United States ' position on this issue remains unchanged. We reiterate our support for 
allowing the current moratorium to expire so that Members may bring NVNI complaints in the future, 
as appropriate.  
As we have detailed in past interventions, NVNI claims have a long l ineage in the WTO and in 
international trade law generally. The applicability of such claims to the WTO Agreements is the rule; 
their non -application is the exception. The TRIPS Agreement moratorium is the exception.  
We continue to believe that WTO Members  are being deprived of an important tool to enforce 
their rights under the TRIPS Agreement, which is why we support the expiration of the current 
moratorium so that complaints of this type may be applicable to the TRIPS Agreement.  
We remain of the view tha t the text of the WTO Agreements and dispute settlement rulings 
provide Members with sufficient guidance on the application of NVNI disputes to the 
TRIPS  Agreement We are open to Member State proposals but as for the specific suggestion of the 
Chair , we w ill need additional time to consider it in capital.  
8  REVIEW OF THE IMPLEMENTATION OF THE TRIPS AGREEMENT UNDER ARTICLE 71.1  
No statements were made under this agenda item.  
9  REVIEW OF THE APPLICATION OF THE PROVISIONS OF THE SECTION ON 
GEOGRAPHICAL INDICATION S UNDER ARTICLE 24.2  
No statements were made under this agenda item.  IP/C/M/98/Add.1  
 
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  10  FOLLOW -UP TO THE EIGHTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE 
DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT  
WTO Secretariat  
Thank you, Chair  for the opportunity to report to the Council on the Workshop on the 
Implementation of Article 66.2 of the TRIPS Agreement.  
First, I would like to express our sincere thanks to you, Amb MLUMBI -PETER, Ambassador 
Makaila of Chad, and Amb assador  Rahman of Bangladesh for your most valuable support and 
continuing engagement through making opening and closing remarks for the workshop .  
Secondly, I want to express our deep appreciation to WTO Members, including least developed 
count ries and developed country Members for your active and full engagement during this workshop. 
The workshop was attended by 21 capital -based experts from 16 L DCs, and approximately sixty 
experts from developed country Members, international organizations, and private sector were also 
present at the Workshop. Among its  participants 12 experts from eight developed country Members 
made presentations which provided  updated and complimentary information to the 25 reports 
submitted by developed country Members from 2018 to 2020. We were delighted at the number, 
diversity and range of those delegates and officials who took part in the Workshop. A vital aspect of 
the pr eparation and delivery of the Workshops in this series has been the active engagement, 
precious encouragement, and direct guidance on the parts of the LDC Group and developed country 
Members, which gave the Workshop its practical value and substantive cont ent. We record our warm 
appreciation for this support and guidance from our Members.  
Since we organised this workshop in 2008, the Secretariat has made continuous efforts to 
improve the value and impact of this annual dialogue between LDCs and developed c ountry 
Members. During the preparation of the Workshop, the guidance from LDCs and the coordination 
through the LDC Group have played a particularly valuable role in directing the Secretariat 's work, 
which enabled this exercise to respond all the more clos ely to the evolving current needs and 
priorities identified by the LDCs. I would like to highlight four main improvements the Secretariat 
has made to address those needs and priorities in the 2021  Workshop . 
First, we improved the structure and format of th e Workshop to enhance the depth and breadth 
of practical conversations and to assist with the practical understanding of detailed and diverse 
information covered by this subject. For the first time, the Workshop was devoted to four specific 
fields of  techn ology transfer, which are critical for sustainable development and yet are disseminated 
in different ways, namely the fields of health, agriculture, environment, and information and 
communication technology.  
Secondly, we developed survey questionnaires on  LDC needs and priorities for technology 
transfer with a view to assisting Members in their better understanding of current areas of priority 
for technological development in LDCs, projects that are relevant to these areas of technology 
transfer, and LDCs ' experience with projects reported under Article 66.2. We received responses 
from 14 LDCs which identified agriculture, health, environment, and ICT sectors, among others, as 
priority technology sectors. The detailed survey result was presented to Members in the Workshop.   
Thirdly, we prepared a summary on the technology transfer programmes reported by nine 
developed country Members from 2018 to 2020 with a focus on the afore mentioned four fields of 
technologies. The summary covered 604 technology transfer  programmes, which fall in 22 
technology categories. It provided detailed information on the main providing Members, the main 
LDC beneficiaries, and also geographical distribution of these 604 programmes. The detailed 
summary was also introduced to the Mem bers in the workshop.  This summary does not substitute 
for nor seek to interpret the reports received, but rather demonstrates how the information 
contained in these reports can be harvested and presented in an accessible way to support informal 
dialogue b etween LDCs and developed country Members.  
Fourthly, while further strengthening our partnership with WIPO, the UN Technology Bank for 
LDCs, and the WTO Trade and Environment Division and Agriculture and Commodities Division, for 
the first time, the Secret ariat reached out to other international partners, in particular WHO, ITU 
and UNCTAD, and invited them to report on their current work and concrete technology transfer IP/C/M/98/Add.1  
 
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  projects in the areas of health and ICT. The active participation of these partners sign ificantly 
enriched th e 2021  programme. We are pleased to record our gratitude to them, alongside that to 
our valued traditional partners in this work.  
I want to reiterate that these improvements were made under the guidance of LDCs and with 
support of developed country Members. These improvements were driven by the desire to provide 
high quality service to Members, to facilitate efficient communication b etween LDCs and developed 
country Members, and to promote the effective implementation of TRIPS Article 66.2. And these 
improvements aim to serve one common goal, that is, to enable LDCs to create a sound and variable 
technological base, which is essential  to LDCs in addressing current and future challenges.   
As advised to the Council at its previous  meeting, the Workshop comprises a workshop 
segment and a reporting and review segment within the formal meeting of the TRIPS Council. 
Therefore, as you have me ntioned, we have arranged the attendance of capital based LDC 
participants at the present TRIPS Council meeting on their national delegations.  
We do hope that workshop participants will make full use of the opportunity to draw on the 
insights and informat ion shared during this workshop and to engage fully in the TRIPS Council 's 
discussion. In the meantime, we look forward to Members ' further guidance arising from the 
Council 's discussion. I conclude by thanking them for their indispensable role in advancin g our work 
in this area.   
United States of America  
The United States attributes great importance to this review with respect to the obligations 
under TRIPS Article 66.2.  Our submission in 2020 is an update to our 2018 and 2019 reports, 
detailing program mes aimed to support LDCs in fostering the necessary environment to encourage 
the effective, voluntary transfer of technology to LDCs.  The US submission details program mes in 
areas ranging from intellec tual property and trade capacity building, training, development 
assistance, educational, financing, and infrastructure -related program mes to health, labour , and 
environmental as well as entrepreneurship.  Similar to the 2020 submission, this report include s 
comments from host countries regarding the value of several of the program mes listed in the report.  
The United States continues to believe that the effective functioning of Article 66.2 of the 
TRIPS  Agreement requires a robust dialogue between developed countries and LDCs in order to 
target incentives in a way that is most responsive to the self -identified technology transfer interests 
and needs of LDCs. At the workshop on the implementation of Article 66.2 on 2, 4 and 5  March  2021, 
we were proud to highl ight many program mes that are in our report.  I would like to share a few 
with you in this forum as well:  
To facilitate agriculture technology transfer, US Department of Agriculture or USDA uses 
contractual instruments such as Cooperative Research and Deve lopment Agreement (CRADAs), 
invention licenses and material transfer agreements, and supports public dissemination of research 
results.  Our report also features several in -country Feed the Future (FTF) program mes and other US 
government agricultural progra mmes in Bangladesh, Uganda, Rwanda, Tanzania, Myanmar , 
Mozambique, Cambodia, Zambia, and Senegal amongst others.  
In Information and Communication Technologies  (ICT), I would like to highlight a program me 
by the US Trade and Development 's Agency (USTDA) that awarded a feasibility study grant to 
expand and improve access to telecommunications services in Kenya, Rwanda, Tanzania and 
Uganda.  The grantee is SEACOM Limited, the regional submarine communications  cable operator, 
and USTDA 's study will determine where to expand ICT infrastructure in East Africa, assess the 
market for fiber telecommunications services, and recommend potential investments in fiber optic 
cabling and network equipment.  
For the third fo cus area of the Workshop  – health, our report highlights the multitude of 
technology  transfer program mes covering issues ranging from epidemic diseases to maternal health.  
For example, the Human Heredity and Health in Africa (H3Africa) Initiative has funde d research and 
training in 13 LDCs.  H3Africa has been funded for a period of ten years at a current commitment of 
USD 180 million, and is focused on capacity building, as well as specific scientific goals.  Before 
discussing the fourth area, technology tran sfer in the area of environment, I  would like to say a few IP/C/M/98/Add.1  
 
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  words about the Biden Administration 's increased focus on partnership and multilateral 
organizations.   
On 27 January  2021, only seven days after taking office, President Biden signed an Executive 
Order on Tackling the Climate Crisis at Home and Abroad.  President Biden said:  "It is the policy of 
my Administration that climate considerations shall be an essential element of United States foreign 
policy and national security.  The United States will work with other countries and partners, both 
bilaterally and multilaterally, to put the world on a sustainable climate pathway.  The United States 
will also move quickly to build resilience, both at home and abroad, against the impacts of climate 
change tha t are already manifest and will continue to intensify according to current trajectories … 
The United States will immediately begin the process of developing its nationally determined 
contribution under the Paris Agreement. " 
A great example of our green tec hnology transfer program mes from our 2020 report is 
SilvaCarbon.  SilvaCarbon is a technical cooperation program me under the Global Climate Change 
Initiative, and a US contribution to the Global Forest Observation Initiative of the intergovernmental 
Group o n Earth Observations.  SilvaCarbon works with 24 tropical forested countries to build capacity 
in measuring, monitoring, and reporting changes in forest and terrestrial carbon, and collaborates 
globally to identify, test, and disseminate good practices and cost-effective technologies.  
The Millennium Challenge Corporation (MCC) is a US government corporation that forms 
partnerships with LDCs which are committed to good governance, economic freedom, and 
investments in their citizens. MCC has approved over USD 13 billion in compact and threshold 
program mes worldwide that support projects in energy, agriculture and irrigation, anticorruption, 
business environment improvements, education, health, enterprise development, finance, land 
rights, trade and transport, a nd water supply and sanitation initiatives.  
Our report also highlights wind projects such the eleQtra, implemented by the US Trade and 
Development Agency in Mozambique and hydroelectric projects such as the one in Zambia including 
two greenfield small hyd ropower projects for application under the Zambia GET FiT program me and 
the expansion of an existing small hydropower project.  As always , we appreciate our many 
partnerships with  LDCs successfully implementing Article 66.2 . 
Australia  
Australia takes seriously our obligations and reporting requirements under Article 66.2 of the 
TRIPS Agreement. As we continue to grapple with the severe global health and economic challenges 
posed by COVID -19, we recogni ze that helping LDCs create the conditions necessary to encourage 
and enable technology transfer has never been more essential.  
Having provided an overview of our most recent report under Article 66.2 at the last regular 
meeting of the TRIPS Council in Octobe r, I do  not propose during the present discussion  to again 
outline the various tech transfer activities Australia has supported. Australia was pleased to be able 
to share our experiences supporting technology transfer to LDCs at previous  week's TRIPS Workshop 
on technology transfer to LDCs . 
Australia 's Nuclear Science and Technology Organisation spoke to our capacity building and 
technology transfer work in a number of LDCs and we are pleased to field subsequent questions 
about ANSTO 's work in promoting tec hnology transfer.  
We thank the Secretariat for its efforts in coordinating this Workshop, and for preparing the 
helpful statistical analyses of program mes reported under TRIPS Article 66.2. We were heartened to 
see strong attendance at the Workshop and ho pe that the lessons shared previous  week by both 
LDCs and reporting countries will form the basis for ongoing discussions on Article 66.2 going 
forward.  
United Kingdom  
The United Kingdom remains committed to implementing Article 66.2 of the TRIPS Agreement 
to promote and encourage technology transfer to least developed countr ies.  IP/C/M/98/Add.1  
 
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Recently, at the WTO Workshop on the Implementation of TRIPS Article 66.2, the UK provided 
overviews of UK programmes encouraging t echnology transfer in the areas of health and the 
environment. The  Workshops w as a great opportunity to improve collaboration and highlight capacity 
building projects. Examples of technology transfer in the health space were highlighted with the 
novel Crad le Microlife Vital Sign Alert device to prevent pre -eclampsia, and technology transfer for 
rotavirus immunogenetics. In the environment session, examples included technology transfer for 
renewable energy initiatives, such as smart phone enabled battery pac ks and a renewable microgrid -
based business zone.  
The UK would like to extend our gratitude to delegations who attended and contributed to 
discussions in the Workshop. The sessions were highly useful for sharing experiences on transferring 
technology to least developed countries . We look forward to contributing to additional sessions in 
the future to enable least developed countries  to develop and create sound and viable technological 
bases.  
Switzerland  
Switzerland was pleased to participate in  the 2021 Workshop on Art icle 66.2 of the 
TRIPS  Agreement in virtual format. As requested, our delegation focused its presentation at the 
workshop on a specific topic. Our choice was environmentally sound technologi es (ESTs) as we 
consider these technologies and green innovations as key elements to address today 's major global 
challenges, such as climate change, biodiversity loss, environmental degradation and food security.  
The new workshop format was a good opportu nity to present a brief update of Switzerland 's 
2020 report under Art icle 66.2 and our activities undertaken in the field of ESTs at the multilateral 
as well as bilateral level. During the Workshop, Switzerland presented two specific ESTs initiatives 
(Swis s Bluetech Bridge and the REPIC) offer ed to LDCs.  
It was useful to learn at the Workshop about concrete examples of technology transfer that 
have worked well in practice. This helps developed countr y Member s to develop incentive measures 
and planning tailo r made projects together with LDC partners.  
We would like to thank the Secretariat for organizing the Workshop also in the virtual format 
in an efficient and thorough manner. In particular, we thank the Secretariat for its great work put 
into excellent su mmaries and statistics provided on the initiatives of the reporting countries in the 
selected thematic fields. These summaries were very helpful to keep the overview of the different 
donors, beneficiaries, and fields of collaboration.  
We should like to ask  the Secretariat whether it intends, also in future years, to use this new 
workshop format, focusing more on the different thematic fields of technology transfer rather than 
only on presentation of the country reports.  
Switzerland remains committed to enga ge in the TRIPS Council 's discussion on the 
implementation of Article 66.2 and to promoting and encouraging technology transfer to LDCs.  
Canada  
Canada would like to thank the Secretariat for organizing the thematic discussions and panels 
during previous  week's annual workshop on the implementation of Article 66.2 of the 
TRIPS  Agreement. Canada welcomed the exchange of views and experiences on the implementation 
of this commitment, including the opportunity to hear directly from LDCs on their tech transfer 
interests and priorities in meeting their respective national development objectives.  
In our view, this exchange is key to ensuring that LDC s have an opportunity to provide 
feedback on specific projects and on their priority needs, and to help provide that tech nology  transfer 
incentives continue to enable LDCs to address emerging development challenges in creating a sound 
and viable technological b ase. We similarly benefit from hearing the experiences of other developed 
country Members , sharing and identifying best practices and commonalities, being better inform ed 
how future incentives in the area of technology transfer can respond to LDCs ' priorit ies over time.  IP/C/M/98/Add.1  
 
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Canada was pleased to present on key updates from its October 2020 annual report (which 
can be found in document IP/C/R/TTI/CAN/1), and to participate in previous  week's panel discussion 
on the theme of tech nology  transfer in the area of en vironment. In this spirit, Canada would be 
pleased to discuss any of the projects reported under this thematic area , and indeed any of the other 
thematic areas detailed in our 2020 report, which also include agriculture, health, digital economy, 
informatio n and communications technologies, and entrepreneurship.  
We look forward to further dialogue through the annual workshop and discussions here in the 
TRIPS Council, and once again thank the Secretariat for convening the 2021 workshop, and all 
Members for t heir constructive engagement on this important commitment.  
Japan  
This delegation would like to thank the Secretariat for organizing the W orkshop on the 
Implementation of Article 66.2 of the TRIPS Agreement, that was held before this meeting. The 
Workshop worked to advance cooperative activities and to enhance mutual understanding between 
developed country Members and LDCs.  
Japan will continue to make its u tmost efforts to improve the business environment and make 
it even more conducive to transfer technology. We look forward to working further with LDCs in this 
context.  
European Union  
The European Union would like to than k the WTO Secretariat for the organisation of the 
2021 Workshop on the Implementation of Article 66.2 of the TRIPS Agreement, which provided LDCs 
and developed countr y Member s the opportunity to exchange views and deepen their dialogue on 
technology transfer. The EU also gave an overview of the incentives and the related technology 
transfer programmes in the area of public health that the EU implemented during the reporting 
period.  
The EU and its Members take their commitment under TRIPS Article 66.2 very seriously and 
annually provide a detailed update on their respective technology transfer programmes. The EU and 
its Membe rs provided proof of having promptly and attentively reacted to natural, social, health, 
climate and economic changes by implementing projects specifically tailored to the current needs of 
LDCs and their regional organisations.  
In total, the EU and its Members implemented 117 technology transfer projects dur ing the 
reporting period, out of which 40 was funded by the EU and 77 by the EU Members. We would like 
to thank Austria, Czechia, Denmark, Finland  and Germany for these technology transfer programmes  
provided to LDCs .  
The main funding source for the EU was the Horizon 2020 framework programme (with a total 
budget of EUR 960 billion). As of 2021, the new funding source will be the Horizon Europe framework 
programme, which will last until 2027. We gave a detailed overview of the functioning of the 
framework programme and we are ready to provide further information in case LDCs so request.  
The main incentives provided to EU enterprises, companies, universities  and research 
institutes for the purposes of promoting and encouraging technology transfer within the  Horizon 
2020 and the Horizon Europe framework programmes are the grants and public private partnerships 
financed by the EU institutions and EU Members. We would like to encourage LDCs to disseminate 
the information provided at the Workshop about these fra mework programmes to the interested 
circles in their countries.   
The EU would also like to raise the LDCs ' attention to the new programming cycle of the EU 's 
new development programme, which will run between 2021 and 2027. Within this framework, new 
incent ives will be implemented by the EU for the purposes of encouraging technology transfer and 
of improving the absorptive capacity in LDCs. LDCs input in the formulation of the new activities is 
always welcome. We encourage LDCs to contact the EU delegation s in the respective countries and 
send them their concrete proposals for new activities. The EU delegation s will channel in all these 
inputs received from LDCs in the formulation of the new activities.  IP/C/M/98/Add.1  
 
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Norway  
Norway remains committed to fulfilling our obligations under Article 66.2 of the 
TRIPS  Agreement  and thanks the Secretariat for organising the 2021 Workshop, and all participants 
for their contributions and presentations.  
Norway presented our incentives fo r tech nology  transfer given through our development 
cooperation directorate, Norad, and our development finance institution, Norfund. We focused on 
incentives and cooperation in the Agriculture and Aquaculture sectors. For the details, I refer to our 
written report which was published in December, and our presentation at the workshop – which I 
believe will be made electronically available.  
The discussion on technology transfer is often complicated, since there is no unified definition 
of tech nology  transfer . Also LDC needs and priorities vary, and reporting Members have different 
institutional setups that make our reporting quite varied as well.  
With this backdrop, the WTO Secretariat has done a great job over several years to improve 
the programme and cont ent of the workshop, and thank for their analysis of both reporting Members ' 
reports and LDC priorities for transfer of technology . This has been done in close coordination with 
the LDC Group  and the reporting Members.  
The gradual, systematic improvements to the dialogue has made it richer, and contributes to 
increased understanding between reporting Members and LDCs. We look forward to advancing the 
cooperation and dialogue on transfer of technology  to LDCs further in the future.  
China  
China shares LDCs ' concerns. We hope that  the developed country Members continue to take 
active measures to encourage their enterprises and institutions to transfer their technology to the 
LDCs in accordance with Article 66.2 of the TRIPS Agreement , thus, to help the LDCs to create a 
sound and viable technological base.  
Bangladesh on behalf of the LDC Group  
Bangladesh delivers this statement on behalf of the LDC Group . The LDC Group  welcomes the 
annual reports on the implementation of the provisions of TRIPS Article 66.2 submitted by the 
developed country Member s. The LDC G roup also thanks the Secretariat, particularly the ITTC and 
the team of the IP Division, for organizing the Workshop on 2,  4 and 5 March 2021 on the 
implementation of technology transfer to LDCs. This annual workshop is a unique opportunity for 
informal di alogue between the LDCs and the developed country Member s on the necessity of the 
right kind of technology required for the individual LDC.  
The technology transfer needs and priorities for of all LDCs are not the same. However, having 
a sound and viable technological base is important for every LDC. This would be one of the most 
important aspects of their progress. For this purpose, the TRIPS Article  66.2 provides a precise policy 
space for the LDCs. Our Group hopes that the Secretariat will be able to help, in collaboration with 
other relevant international organizations, assess technology transfer needs and priorities for 
individual LDCs upon  their request.  
During this time of pandemic, with travel restrictions and other sanitary measures in place, 
the Secretariat has organized this Workshop through the virtual platform. This is a difficult choice. 
But this is the only viable alternative. In many LDCs the internet connection is not stable, therefore 
some participants have also faced difficulties. Some participants from developed country Members 
and least developed countries have attended from different time zones either very early in the 
morni ng or after midnight.  The LDC Group  appreciates their commitment.  
The Workshop provided opportunity for the participants, both from the LDCs and developed 
countr y Members , to meet each other in Geneva. This time it is not possible. We are hopeful that in 
2022 an 'in person reunion ' will be possible.  IP/C/M/98/Add.1  
 
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The LDC Group  also thanks the speakers in the Workshop who brought valuable perspectives 
based on their institutional experience and research. The five broad themes of the Workshop were 
chosen from the priorities suggested by the LDC participants in 2020 . The Group believes that the 
presentations on th ese major themes by the representatives of different intergovernmental 
organizations and private sectors were useful. The participants from the LDCs provided feedback 
through a questionnaire survey prepared by the Secretariat . Our group believes that this is a good 
initiative and there are always rooms for improvement of this initiative in future.   
The LDC Group  thanks the developed country Member s for their annual reports under 
TRIPS  Article 66.2. The LDC G roup fully understands the efforts involved in com piling all the relevant 
program mes out of the many valuable projects that are implemented under each country 's 
development assistance. The LDC Group also acknowledges the valuable benefits generated by each 
of the projects.  The LDCs are looking for specifi c incentives introduced by developed countr y 
Member s to encourage their companies, institutions or other entities to promote technology transfer 
to LDCs, in fulfilment of the obligation upon them in Article 66.2.  
Likewise, the LDC Group  has identified that many of the reports do not clearly give information 
on incentives provided to enterprises and institutions in developed countr y Members . Instead, some 
reports contain a mixture of the Technical Assistance Program mes (under TRIPS Articl e 67) and a 
few technology transfer initiatives. Some of them have listed initiatives like supply of books for 
visually challenged persons, migration management, technical advice and practical support in public 
financial management, banking regulation, tax  administration, macroeconomic management and 
national accounts, organizational reforms within the national revenue authority and so on as 
'technology transfer '. The amalgam is not useful for the purpose of reporting under Article 66.2 of 
the TRIPS  Agreeme nt. The LDC Group  will provide feedback on these recent reports directly to 
specific individual developed country Member s and seek their further cooperation to better 
understand some of these issues.  The LDC  Group acknowledges that, to create a sound and v iable 
technological base in the LDCs, support from the developed countr y Member s will be indispensable. 
Along with the LDC Group , Bangladesh stands ready to engage constructively with Members.  
Mozambique  
My delegation would like to commend the WTO Secretariat and you Chair for having included 
this item on the agenda of this session. Our intervention is aligned with the statement delivered by 
the delegation of Bangladesh on behalf of the LDCs.  
We thank the WTO  and LDC Coordination and Focal Point for having organized the Workshop 
dedicated to the implementation of Art icle 66.2 of the TRIPS Agreement concern ing transfer of 
technology for LDCs.  We commend donors for all the information provided on this matter.  
Currently, no development can be foreseen if appropriate technology is not put available in 
view of playing the required and necessary role to enhance production and to facilitate productive 
processes. Lack of technology negatively affects LDCs ' efforts and  is an impediment to development , 
thus, simply making it difficult to foresee the needed economic progress that could enable them  to 
advance graduation to other levels.  
While addressing our thanks to all donor Members and development partners who have 
allocated resources and special attention to technological ly assist LDCs so far,  because the needs of 
the LDCs are so many, we would like to urge all those to continue assisting LDCs and even to increase 
the level of assistance in transfer of technology. We al so would like to extend the request for them 
to encourage companies in their countries to engage in partnerships with companies from LDCs  and 
in LDC countries.  
11  TECHNICAL COOPERATION AND CAPACITY -BUILDING  
WTO Secretariat  
Many thanks, Chair, for providing the Secretariat with an opportunity to briefly present the 
revamped TRIPS Gateway page to delegations.  IP/C/M/98/Add.1  
 
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As part of our continuing efforts to make the material on our webpage as user -friendly and 
accessible as possible to assist delegations that are looking for information resources, we have 
recently revamped the TRIPS Gateway page and also added new material. The webpage can be 
accessed at www.wto.org/trips.  
As you can see on the screen,  the central column links to key resources, introducing the main 
features of the TRIPS Agreement, as well as specific topics, such as public health and technology 
transfer. Other parts link to pages dedicated to the work of the TRIPS Council, the TRIPS 
transparency mechanism, technical assistance and cooperation with other intergovernmental 
organizations.  
On the right-hand side, the Gateway page offers direct access to:  
a. the e-TRIPS Gateway and Submission System;  
b. legal and interpretative texts, including but  not limited to the text of the amended 
TRIPS  Agreement;  
c. a webpage dedicated to activities organized to commemorate 25 years of TRIPS. As you 
know, the Secretariat has organized a Virtual Symposium on 24 November 2020 to 
commemorate the occasion. This is f ollowed by a series of webinars with relevant 
stakeholders to reflect on the past, present and future of the Agreement. Information and 
material from these events, as well as comments and recollections from experts and 
former TRIPS chairs will be made acce ssible through that webpage - so please go and 
check at www.wto.org/tripsat25 as this resource evolves  
d. the events calendar;  
e. the calendar of regular meetings and special sessions of the TRIPS Council with links to 
relevant documentation and agenda; and  
f. recent publications, including a direct link to the Trilateral Study.  
Finally, on the left hand side of the Gateway page, a link has been added to a new page on 
TRIPS and COVID -19. This page compiles information about the IP system and COVID -19 on the 
WTO' s website in one place. It includes information about the work of the TRIPS Council in this area, 
as well as resources that have been made available by the WTO Secretariat, including links to:  
a. the regularly updated list of IP measures which we have conside red under agenda item 3 
of this meeting;  
b. an information note on the TRIPS Agreement and COVID -19, which was released in 
October 2020; and  
c. the standalone section of the Trilateral Study on an Integrated Approach to Respond to 
the COVID -19 Pandemic.  
While th e revamped Gateway webpage is only one step towards a more comprehensive review 
of the TRIPS -related WTO webpages, we trust that it can usefully assist delegations in their search 
for information to build capacity regarding TRIPS matters.  
Chile  
My delegation would like to thank the Secretariat for this presentation on the new changes 
and presentation of the WTO webpage. We congratulate the Secretariat, particularly with regard to 
the excellent way that they have presente d the information that has been of great use and has 
improved our access to that information. We hope that the Secretariat will continue working like this 
in the future and seeking the best ways to provide information on the WTO webpages.  
Bangladesh  
The delegation of Bangladesh welcomes the reports under TRIPS Article 67 from the developed 
country Members on capacity building support to the developing countries and particularly the LDCs. 
These reports provide informa tion on a wide range of programmes and activities customized for the IP/C/M/98/Add.1  
 
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  beneficiary Members. These programmes are critically important for the LDCs. My delegation also 
thanks the Secretariat for the briefing on the e -TRIPS Gateway and other webpages related t o 
TRIPS -related data and information.  
Bangladesh sincerely thanks the developed country Members for their support and would like 
to urge them to continue their valuable support for the developing countries and particularly the 
LDCs and the graduating LDCs.  
12  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
India  
We have travelled a long way from our last regular session of TRIPS Council in October 2020, 
when this Proposal was first introduced. From two, we have  now 57 co -sponsors; from none, today 
we have multiple vaccines approved for Emergency Use Authorization in different parts of the world 
and unfortunately from one million1 to more than 2.5 million2 deaths from coronavirus today. The 
development of multiple viable vaccines to eradicate the COVID -19 pandemic in less than a year 
was an incredible scientific a chievement, which is now undermined by severe vaccine inequality. We 
are all agreeing that to address the vaccine inequality today, we need to massively ramp up 
manufacturing, which is presently being held back by what the D irector -General  of the WTO, 
Dr Ngozi Okonjo -Iweala,  has called "serious supply scarcity ". To address this, the Director -General 
stated that the world needs additional vaccine manufacturing capacity at an affordable price.  
On its part, India has supplied 58 million vaccine doses to 65 countries and the UN Health 
workers, as o f 10 March 2021 under its Vaccine Maitri i.e. Vaccine Friendship Initiative. India has 
also gifted 200,000 doses for the UN Peacekeepers. The UN Secretary General has stated that India 
has been a global leader in pa ndemic response efforts having provided critical medicines, diagnostic 
kits, ventilators and personal protective equipment to more than 150 countries. Despite our scarce 
resources and a population of more than 1.3 billion, we are doing our bit towards equi table delivery 
of vaccines.  
According to UNCTAD, while advanced economies have benefitted from historically low interest 
rates to fund their response packages, sources of income for developing countries have dried up 
with remittances plummeting, global sup ply chains collapsing and tourism halted. Globally, 
Governments have intervened to suspend air transport and restrict mobility in order to prevent the 
spread of coronavirus. Sectors like civil aviation, logistics, travel and tourism, hospitality and even 
MSMEs continue to be severely impacted by such state interventions. Astonishingly, we hear a lot 
about MSMEs in this organisation and even in this Council by discussing ways to promote innovation 
among them. However, when it comes to effective solution that  can help in their quick recovery from 
the devastating impacts of pandemic, same Members appear to be shy and reluctant to engage in 
text-based discussions.  
World trade in travel services was down by 68% in third quarter of 2020 as compared to same 
period  in 2019. Trade in transport services also declined by 24% over the same period. So, why the 
proponents of free -market economies are so vocal about the interests of few companies while turning 
deaf ears to the rapid decline in other sectors? How long will these sectors be able to sustain on the 
fiscal stimulus and continue to remain silent? After all, these sectors are also crucial for global 
economic recovery. Also, how long the doctors and frontline healthcare providers in all the countries 
would continue  to risk their lives and render services without access to vaccines? Yesterday, nurses 
around the world, under the umbrella of Global Nurses United, an international federation that unites 
nurse and health care worker unions in 29 nations around the world,  urged the TRIPS Council to 
support the Waiver. We are taking these sectors and professionals as granted just because their 
collective voice is not as big as that of few companies.  
An inequitable vaccination program me could prolong the pandemic for many y ears through 
cycles of mutation, resistance, and reinfection and will cost the global economy about USD  9.2 trillion 
as per an ICC study. While the global response stimulus has amounted to more than USD  13 trillion, 
 
1 https://www.who.int/docs/default -source/coronaviruse/situation -reports/20201005 -weekly -epi-
update -8.pdf  
2 https://covid19.who.int/   IP/C/M/98/Add.1  
 
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  less than 1 % of this has gone to lower i ncome economies as per United Nations Economic 
Commission for Africa. Thus, for economies and international trade to recover, world needs 
affordable and accessible vaccines in the shortest possible time.  
At the moment, the world is not producing sufficient  vaccines to stem transmission enough to 
end the pandemic, despite the existence of several approved candidates and unutilized vaccine 
manufacturing capacities . To bridge  this delivery deficit, it is paramount that every tool at our 
disposal is used and is  oriented towards producing enough vaccines to eradicate the virus swiftly 
everywhere. In recent days, some other initiatives to identify bottlenecks in production and promote 
licensing agreements have been advocated as one of the tools towards this end. I deally, this should 
have been explored in November 2020 itself, when first Emergency Use Authorization was granted. 
Nonetheless, we welcome any initiative that can help to ramp up manufacturing and production. We 
would like to emphasise that all initiative s must be explored in parallel and should not be seen as 
mutually exclusive. Members should realise that the Waiver does not come in the way of any of the 
other initiatives. However, Members should be conscious of the fact that additional ways/initiatives 
should ultimately add in the efforts towards scaling up production and should not serve the mere 
purpose of derailing or deviating focus from the existing Proposal.  
The Director -General of the World Health Organization, Dr Tedros Adhanom Ghebreyesus, 
(Director -General WHO ) in his briefing on 5 March  20213 mentioned that the main disadvantage of 
the approach of bilateral technology transfer, through voluntary licensing from a company that owns 
the patents on a vaccine to another company who can produce them, is lack of transparency. We 
have seen in the past  one year, how such secretive and restrictive business as usual voluntary 
licensing practices have failed to leverage global production capacity. We, therefore, need to 
diversify our initiatives and add more tools to urgently scale up production. The TRIPS  Waiver is one 
such tool worth exploring and its text deserves to be discussed in this Council.  
Our Waiver Proposal  represents an open and expedited global solution to allow uninterrupted 
collaboration in the production and supply of health products and te chnologies required for an 
effective COVID response. It urges WTO Members to grant a time -limited waiver.  If the WTO 
Members cooperate to achieve a consensus on this, multiple manufacturers could start producing 
viable vaccines simultaneously. Going by num bers, the proposal is currently supported by more than 
100 Members but a few Members continue to oppose textual discussions. Many of these same 
Members have hoarded more vaccines than they need, exacerbating vaccine inequity and hindering 
coordination for an efficient global vaccination program me.  
Article IX(3) of the Marrakesh Agreement, which provides for waivers as a tool to be used in 
exceptional circumstances like COVID pandemic, is being rendered ineffective by such Members who 
are refusing to enter into text -based negotiations. If these Members really have a strong 
commitment towards rules -based MTS, then they should respect the mandate under Marrakesh 
Agreement and fulfil their obligations by agreeing to textual discussions. How long can the 
TRIPS  Council and the WTO shy away from its negotiating responsibility, that too in a pandemic 
where every minute many lives and livelihoods are being lost by our inability to act?  
We need to pay heed to the words of the Director -General  WHO, who stated4 that an d I quote, 
'many countries with vaccine manufacturing capacity can start producing their own vaccines by 
waiving intellectual property rights, as provided for in the TRIPS Agreement . Those provisions are 
there for use in emergencies. If now is not a time t o use them, then when? This is unprecedented 
time, and WHO believes that this is a time to trigger that provision and waive patent rights. '  
We are pleased to see that some of the Members who took a conservative approach and 
questioned the mere existence o f any problem in access in document IP/C/W/671 have finally agreed 
that there are problems with the production and distribution of COVID -19 vaccines and other medical 
products in their latest communication document WT/GC/230, even though the realisation has 
happened after more than three  months and after loss of many more lives. We hope that it is not 
coincidental that this submission has come  at a time when one of the proponents has reportedly 
 
3 https://www.who.int/director -gener al/speeches/detail/who -director -general -s-opening -remarks -at-
the-media -briefing -on-covid-19-5-march -2021  
4 https://www.who.int/director -general/speeches/detail/who -director -general -s-opening -remarks -at-
the-media -briefing -on-covid-19-5-march -2021  
 IP/C/M/98/Add.1  
 
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  faced issues in vaccine procurement. Nonetheless, we appreciate that finally we are on the same 
page.  
In conclusion, we would like to highlight the criticality of the issue and the need to have 
continued  engagement on the text of the Waiver, in both formal and informal modes so as to arrive 
at a common landing zone. WTO Members need to appreciate that the world is in dire straits and 
what is needed is truly exceptional measure. It is high time that WTO ta kes this Proposal to its logical 
conclusion, and we hope that all Members will engage in good faith on this proposal.   
Last but not the least, allow me to take this opportunity to sincerely thank you Chair, for your 
efforts in leading discussions on this i mportant Proposal. We hope that the incoming Chair will 
continue with the same momentum which has brought more than 100 Members together in support 
of this Proposal.  
Maldives   
Let me begin by thanking the delegation of India and South Africa for leading the initiative for 
setting up a waiver from certain provisions of the TRIPS Agreement for the prevention, containment, 
and treatment of COVID -19. The pandemic we are facing is no doubt the biggest global crisis at 
hand. A year into the pandemic, countries are reeling from the devastating impact of the crisis. We 
are grateful to have vaccines that are being administered in some countries. It is critical to scale up 
vaccine manufacturing and roll out of vaccines as qu ickly and widely as possible to protect people 
before they are exposed to the COVID -19 virus and the new variants of the virus. Therefore, we 
believe that a waiver will lift barriers for timely and equitable access to affordable medical products 
including vaccines and medicines for all. For this reason, Maldives supports the exceptional waiver 
mechanism proposed by India and South Africa and calls on fellow Members to do the same.  
Zimbabwe  
Zimbabwe associates itself with  the statements by the co -sponsors of the TRIPS Waiver 
Proposal. We note the factual report presented to the General Council of 1 -2 March 2021, where 
Members were urged to continue deliberations in the TRIPS Council.  
Zimbabwe reiterates the belief that as  co-sponsors we have comprehensively provided 
sufficient factual evidence justifying the commencement of text -based negotiations. COVID -19 
requires a comprehensive and joint initiative across the political and economic divide. The longer we 
take to reach h erd vaccine immunity is an opportunity for the virus to mutate, build resistance, 
become more infectious, and ultimately lead to more death.  
Text based negotiations would enable Members to balance the various interests and ensure 
the twin objectives of ac hieving timely equitable access to vaccines, therapeutics, on the one hand, 
and promoting innovation through intellectual property on the other. We remain open to constructive 
dialogue and invite all Members to positively consider taking part in text -based  negotiations.  
Qatar  
Qatar has closely studied the proposal made by the proponents for specific waivers from the 
obligations under the TRIPS Agreement to ensure that intellectual property rights do not create 
barriers to t he timely access to medicines and medical products in the context of the COVID -19 
pandemic.   
Qatar supports the basic premise that underlies this proposal.  The present context of global 
emergency requires WTO Members to work together to ensure that intelle ctual property rights such 
as patents, industrial designs, copyright and 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, develop ment, manufacturing and supply of medical products essential to 
combat COVID -19.  
In particular, priority  should be given to making sure that new diagnostics, therapeutics and 
vaccines for COVID -19 are made available promptly, in sufficient quantities and at affordable prices IP/C/M/98/Add.1  
 
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  to meet global demand. Qatar has supported – through financial donations – the effor ts that are 
taking place by the Gavi alliance specifically for the COVAX vaccine rollout plan.   
However, to the extent that patents and other intellectual property rights pose a barrier to 
access to mediation, new therapeutics and vaccines, and given the d ifficulties developing countries 
may face when using flexibilities available in the TRIPS Agreement, Qatar supports the need to 
examine the possibility of a temporary waiver from certain TRIPS obligations.   
Qatar stands ready to engage in a text based disc ussion of the proposal developed by the 
proponents.  
Pakistan  
We would l ike to give some wishes to thank you once again for this opportunity to address the 
most important issue in the WTO at the moment . We also wish to commend you for your able 
stewardship allowing healthy frank and open exchange of views among Members . 
Pakistan  recalls i ts statements made in all previous formal and informal meetings of this 
Council on this issue  . Since October we started discussing this item , the situation has moved rapidly 
in the direction we had feared at the time . Yet it is not a result we feel happy to have predicted 
instead it is a failure on our part as the membership , and speaks of our inability to provide safe 
equitable and affordable access to vaccines and accentuations to all across the globe so far .  
Thereby we have accentuated the crises caused by the pandemic and created  yet in other 
crises of vaccines and medicines in poor countries . We have consistently been highlighting the acute 
shortages of supply of vaccines, the unutilized capacity in developing count ries and the tendency of 
big pharmaceutical companies to reap its exorbitant profits on the back of global health crises by 
protecting unnecessarily intellectual property technology and technical know -how. 
It is ironic a nd at the same time unfortunate to n ote that Members that dismissed an 
arguments and concerns at the time and had reportedly prepurchase  enough doses of the vaccine 
to vaccinate the population  multip le times  over. And now faces the supply  shortages are needing to 
resort to export restriction s and to highlight the limitations of the core accessibility some of the same 
Members are now pleading against export restrictions on vaccines and calling  for voluntary sharing 
of technology and exchange of technical know -how. To those Members , we wish to ask how they 
would ensure the voluntary sharing and transfer of technology.  
Given that such voluntary sharing has only been possible by the private companies in arbitrary 
limited and secretive manner creating part of the problem we are facing . Would these  Members  force 
company to volunt arily share their technology and if so how this question is even more important 
with reports surfacing that the same pharmaceutical companies are lobbying with their governments 
to impose  sanctions  to countries that adopt com pulsory license . 
We have heard alarming reports in the media that certain countries have developed 
patent -free vaccines several months ago as early as May 2020, yet.  Instead of choosing to make it 
public the choice to s ign with big farmer  letting  profits about public health . We have also learned 
that the big pharmaceutical companies are set to reap billions of dollars pro fits from these vaccines.  
By a charging insulated traces in keeping the intellectual property protected for years to come . We 
have also gathered that it is impossible for some members governments to restrict the monopolistic 
super profits  of the large farmer companies.  
We have conducted research through government funding or free purchase agreements in the 
first days and now uses d ue to practices . Are we looking at situations of rent -seeking and state 
capture  by large biggest lobbies at the expense of global public health?  The key question here is the 
cost of global publi c health  for all, which is private benefits for a very few . Even for businesses driven 
by profit maximization waters.  We need to ask again does it even make economic sense to charge 
higher prices than restrict the scale of production or is it more beneficial to allow much greater care 
the production of a million  of people at low prices with the added advantages of ensuring mass of 
availability.  Export restrictions is becoming an issue when supplies  are short . In the present situation 
at least we can be safe and assuming  that there cannot be any overproduction if massi ve 
manufacturing  is allowed . The easiest way to meet that happen is through the proposed waver.  IP/C/M/98/Add.1  
 
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We will not repeat the much detailed questions and answers we are provided to the 
membership on the technical aspects of this waiver;  both o rally and in wri ting. Our statements and 
submissions made along with other co -sponsors are available on record.  
We only wish once again to alert the membership to the gravity of the situation. W ith vaccine 
holding and nationalism now quite established among the half and the f amine of vaccines 
perpetuated among the half nots.  
With rising new restrains and scarcity of vaccines it is clear to us that the end to the pandemic 
we could have envisag ed if not in sight at the moment . As an example , according to the Global 
Development P olicy Centre  of Austen  University, the EU, US and UK make up 10.8% of the global 
population and have given 50% of the vaccinations administered  so far . In stark contrast , Africa 
with 17% of global population  has received only 1.5%  of the vaccines . Large po pulations in 
developing Asia would have even a quarter of statistics to report.  
With discussions surrounding vaccine passports already in the offing we have to ask , how do 
we envisage travel restrictions and their impact on poor economy 's dependent movemen ts of 
neighbour.  How do we envisage  organizing our own Ministerial Conference  in a few months when 
the majority of the membership would have extremely limited access to vaccines?  Such questions 
present unimaginable scenarios  which are not very pretty  for global prosperity . In light of the 
urgency and importance of the matter, we put it once again to the membership to reflect on their 
positions on this river and come together to commend text -based discussions  to find a solutio n 
sooner rather than later . The longer we wait the worn extends  to acute we make th is crisis.   
Pakistan is ready to engage in text based discussions at any level of formality o f the text of 
the proposal with which other Members were to do so . We acknowledg e that the Secretariat has 
created space for additional meetings and are certainly ready to engage indoors or even all meetings 
to find a solution  to such matter . 
As the DG and several around the world have mentioned, business as usual cannot continue. 
We are heartened by the fact that the new Director -General has taken immediate cognizance of the 
problem.  And now to submit any notions of triviality attached to the issue . We are hopeful that under 
the new leadership the organization should be able to engage  better on this matter and come 
together to find a meaningful solution.  
Egypt   
At the outset we would like to join other delegations in thanking you , Chair, for your sincere 
efforts in leading the discussions on this extremely important issue. It is now one year after declaring 
the COVID -19 as a global pandemic by the WHO, no one at the beginning of this health crisis 
imagined that this pandemic would  claim t he lives of more than 2.6 million of people around the 
globe. And till now no one can give a clear answer on many questions related to this pandemic. For 
example we do not know when the pandemic will come to an end and how many times we will have 
to vaccin ate the population in the future, and we do not know also if the current vaccines will be 
able to deal with new variants if the pandemic is prolonged.  
Our Director -General,  Dr. Okonjo -Iweala , stated yesterday that "The scarcity of COVID -19 
vaccine supplies  had led to a situation in which around 75 countries are able to move ahead with 
vaccination while 115 countries wait as people die ". We reiterate that the severity of the current 
crisis and its negative impact on the global economy require global solidari ty and require taking 
extraordinary measures. The vaccine supply shortage coupled with vaccine nationalism and export 
controls mean that the vast majority of people especially in the developing and least developed 
countries will not be able to access a COV ID-19 vaccine in the near future, and this require from all 
of us an immediate action to engage constructively in a text -based negotiations in order to adopt 
the Waiver Proposal  as soon as possible. On the way forward and in order to push the discussions 
on the waiver a step forward we suggest organizing informal meetings for those interested Members 
to start the text -based discussions on the waiver.  
To conclude, I would like to refer to the recent article by the director General of the WHO in 
which he emph asized the following points:  IP/C/M/98/Add.1  
 
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  a. - The normal rules of business that protect the profits of vaccine manufacturers will have 
to be set aside if that is what it takes to ensure everybody is immunized against the 
coronavirus.  
b. - We are living through an exceptiona l moment in history and must rise to the challenge.  
c. -Flexibilities in trade regulations exist for emergencies, and surely a global pandemic which 
has forced many societies to shut down and caused so much harm to business – both large 
and small – qualifies. We need to be on a war footing and it 's important to be clear about 
what is needed.  
Nepal   
Thank you, Chair , for convening this meeting and giving me the floor. My delegation wishes 
to associate with the statement delivered by Chad on behalf of the LDC Group .  
I would like to refer to Nepal 's statements delivered earlier in various meetings on this Waiver 
Propo sal and reiterate our full support to this proposal for the benefit of the people at large across 
the globe. It would help save life of millions of people across the world and contribute to the global 
economy.  
The huge supports by significant number of de legations in all the meetings and positive 
arguments expressed outside the WTO system demonstrate an urgency of this matter. Therefore, 
my delegation urges all Members to positively consider the proposal.  
Bangladesh  
The delegation of Bangladesh appreciates your sincere efforts to facilitate discussions on this 
issue. With all the co -sponsoring Members , including the LDC Group , Bangladesh attaches high 
importance on the issue of immediate access to vaccine against the ongoing pandemic and welcomes 
discussion of the proposal contained in document IP/C/W/669. Bangladesh also thanks India and 
South Africa for pioneering this important communication.  
My delegation earlier stated that unconditional, affordable, equitable an d timely access to 
vaccine and other curative measures against the virus is a priority of the time. Production and 
distribution of vaccine and other medical equipment for prevention, containment, and treatment of 
COVID -19 must be open to all, so that peopl e of the world can easily access these facilities. The 
TRIPS or any other regulatory framework should not be brought as a hindrance to the most urgent 
needs of the humanity today.   
The proposal has clearly presented its objectives. Members have also discus sed the contents 
of this submission in several occasions and heard each other loud and clear. The world outside the 
WTO is also watching us. This is a high time now, to start a text -based discussion. The delegation 
of Bangladesh looks forward to engaging c onstructively with Members and once again requests a 
favourable consideration of the proposal.  
Vanuatu  
I thank you Chair and all the delegations who have spoken earlier ; we are speaking with 
sincerity. We support the com ments already made . As we know , since October 20 20, five months 
ago, death s have increased arising out from the pandemic . We are seeing also in the last a few 
months vaccine nationalism a nd we are still contradicted statements and actions made . I remember 
so that at the WTO so  we are somewhat disappointed to not e this.  
We thank India and South Africa for  this initiative and we ask all of us to l eave the barriers to 
support the exceptional mechanisms as proposed. And we call WTO M embers to suppo rt the proposal 
asked by the proponents .  
We also support the idea that we have other times and facilities  to have additional meetings, 
for example, on 15 and 22 April , as you suggested, but also on all other opportunities and occasions, 
and we also suppor t the idea that we should take basically cautious can proceed . Even though IP/C/M/98/Add.1  
 
- 35 - 
 
  Vanuatu  may not be able to participate in all the negotiations but we would like to support the 
efforts.  
Cuba  
My delegation would first of all like to thank you for your excellent chairmanship of the Council 
for TRIPS. Your efforts have helped to advance discussions on this important proposal reflected in 
document W/669, for which we thank the proponents. While no  consensus has been reached on the 
proposal, we have understood from the discussions that Members share common objectives.  
The global health situation requires global political solutions that guarantee access to 
medicines and technologies for the preventi on, containment and treatment of COVID -19. This 
pandemic has reminded us that access to health is one of the fundamental rights of every human 
being. This right includes timely and affordable access to health -care services.  
The existence of a free, quality  and universal health system in Cuba guarantees the right to 
health of all Cubans and, although we regret the loss of life, it has enabled us to tackle this pandemic 
with positive outcomes. People 's health and lives have always been our priority.  
When COVI D-19 was declared a pandemic, there was an overwhelming consensus that to curb 
its spread international collaboration was urgently needed in order to accelerate the development of 
products, scale up manufacture, expand the supply of effective medical techn ologies and guarantee 
the protection of all persons everywhere.  
Cuba is currently making headway in the development of five COVID -19 vaccine candidates, 
which are in different phases of clinical trials, thanks to the development of Cuban science and the 
selfless work of our scientists and despite the impact of the  economic, trade and financial blockade 
imposed on our island by the United States.  
We will only be able to move forward if we put aside our differences for a global and joint 
response to the chall enges facing us. The developing world can continue to count on the cooperation 
and solidarity of Cuba in the fight against this pandemic.  
South Africa   
We would like to commend you for your stewardship of this very important matter. As indicated 
in previous meetings, discussions cannot continue to be mired in the evidentiary loop that we have 
been engaged in over the last few months, co-sponsors have also  made it clear that we want to 
move to text -based discussions, we stand ready to discussion the scope and duration of our proposal 
in light of comments and observations that Members have made. Co -sponsors executed an intensive 
schedule of bilateral meeting s with various Members during the last two weeks. These meetings 
included not only Members that support the Waiver Proposal  but also those that have raised 
concerns. We would like to thank Members for the positive spirit in which these discussions took 
place and we hope that this will spill over into broader discussions under the auspices of this Council. 
We therefor endorse your call to shift gears and to move to a more solution -oriented approach.  
In respect of the arrangements going forward, the practice  of convening both formal and 
informal meetings, both in small and big group format has worked well. Thank you for confirming 
15 and 22 April as possible dates for further meetings, my delegation feels that we may have to 
resume some meetings sooner than t he dates indicated. Co -sponsors will reach out in this regard.  
In a global pandemic, lifting IP monopolies will give governments and manufacturers full 
freedom to operate and allow collaboration for the development, production and supply of COVID -19 
medical products including therapeutics and vaccines, without being restricted by big corporation 's 
"voluntary " willingness. The current ad -hoc, secretive and restrictive business as usual voluntary 
licensing practices is limiting production and artificial ly constraining supply with detrimental 
consequences for public health, society, livelihoods and the economy globally. It is an abuse of the 
intellectual property system for it has in the past one year failed to leverage global production 
capacity. Passing  this waiver makes ethical, epidemiological, and economic sense.  IP/C/M/98/Add.1  
 
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Dr Tedros Adhanom Ghebreyesus  Director -General of the W orld Health Organization  
proclaimed that A me-first approach might serve short -term political interests, but it is self -defeating 
and w ill lead to a protracted recovery, with trade and travel continuing to suffer (Op-ed Guardian, 
5 March 2021) . Flexibilities in trade regulations exist for emergencies, and surely a global pandemic, 
which has forced many societies to shut down and caused so  much harm to business – both large 
and small – qualifies. We need to be on a war footing, and it 's important to be clear about what is 
needed.  
We have on several occasions raised concerns about relying on VLs as the main tool for 
expanding supply for time ly access. As with every effort to contribute to dealing with COVID -19, all 
contributions are welcome. Our experience with VLs is however less than positive. Some key 
concerns with VLs are first the lack of transparency as the terms of the license are usua lly 
confidential; second is the limited geographic scope that even excludes many developing countries 
from being supplied under the license agreement or allows for manufacturing only for purposes of 
export; third is that the license is only offered to very  specific manufacturers presumably aiming to 
limit supply; fourth are the restrictive terms on the source and production of active pharmaceutical 
ingredients (APIs). These and other problematic terms and conditions that restrict production were 
a commonpla ce even before the pandemic. They have been a challenge for access prior to the 
pandemic and such approaches will not deliver to address the access needs of this devastating 
pandemic. Disparity in access is certain unless concrete steps are taken to addres s intellectual 
property barriers.  
We have to learn from past mistakes and ensure that the experience of ad hoc , secretive, 
limited and restrictive VLs does not repeat itself. The pandemic has shone a harsh light on the 
skewed and unsustainable business models with which the pharmaceutical industry maximises its 
profits at expense of legitimate public interests. De spite generous contributions from tax -payer 
money and pre -order purchases, companies are still allowed to decide on critical elements such as 
the scale of production (and now conveniently complain that demand outstrips supply) while setting 
ever higher pri ces that cannot be justified on any rational basis.  
It is well reported that South Africa has paid USD 5.25 a dose for a version of the vaccine 
manufactured in India while it seems that the European Commission paying only USD 3.50 per shot. 
Uganda seems t o have paid USD 8.50 a dose.5 Some of the explanations given for such price 
differentials include arguments that high-income countries have a lower price because they have 
invested in the research and development. However, none of these explanations adequ ately explain 
why such large price differentials can be justified. There are already suggestions by pharmaceutical 
companies of post -pandemic hyper pricing strategies.  
Prime Minister Rowley of Trinidad and Tobago6 said the following: "History is littered  with 
instances of destructive behaviour, disrespectful dominance, imbalances and other forms of man 's 
inhumanity to man. But on this rare occasion, when we are all yoked to an invisible destroyer, it is 
my hope and plea that when the journal of this exper ience is written, it would deviate from what is 
mostly the norm and record that on this occasion, the rich took care of the poor. And the small and 
impecunious were not trampled with disdain by those who could have done so simply because they 
had the where withal to do it. "  
He called for global vaccine distribution based on models of "sharing and caring " that provide 
equitable access to small countries like his and "benefit of all humankind and not just the privileged, 
well-heeled few. " We would do well to heed this call.  
We keep on hearing the refrain from various Members that TRIPS flexibilities are available and 
should be use. The Vice President of the European Commission, Mr. Dombrovskis stated in a reply 
to a question from the Euro pean Parliament7 that "[If] voluntary solutions fail and IP becomes a 
barrier to access to treatments or vaccines, the TRIPS Agreement provides for a possibility to grant 
 
5 https://healthpolicy -watch.news/uganda -defends -astrazeneca -price-says-its-not-higher -than-other -
countries/  
6 https://www.opm. gov.tt/prime -minister -rowleys -statement -at-who-media -conference -18-february -
2021/  
7 https://www.europarl.europa.eu/doceo/document/E -9-2020-005595 -ASW_EN.html  IP/C/M/98/Add.1  
 
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  compulsory licences ." However, this is not a reality for many developing countries, whenever such 
flexibilities are invoked, political and other sanctions are used to counter such efforts.  
So far, we have had an extensive exchange in this Council on the importance of TRIPS 
flexibilities for safeguarding public health and the challenges o f solely relying on mechanisms such 
as compulsory license for government use to manage IP challenges in this pandemic which is a 
multifaceted issue as we elaborated under  document  IP/C/W/673.  
In the recent USTR Special 301 review process in late January, m ultinational pharmaceutical 
industry associations PhRMA8 and BIO9 have both submitted their comments on IP issues in other 
countries including those in the COVID -19 pandemic. In these submissions, countries have been 
criticized simply because they have e ither used TRIPS flexibilities, or adapted emergency rules to 
facilitate the use of TRIPS flexibilities in the pandemic:  
a. Russia10 and Hungary11 are criticised for their legitimate use of compulsory licences  on 
COVID -19 medicine in a pandemic;  
b. Hungary, Col ombia and Indonesia,12 are criticised for their emergency regulations to ease 
the procedure of using compulsory license for government use in the pandemic;  
c. Netherlands13 is criticised for some legislative discussions on using compulsory license in 
the pandemic;  
d. European Commission/European Union14 is criticised for its consideration to improve 
effective use of compulsory license for access to medicines in its IP action plan;  
e. Chile15 is criticised for the Chilean Chamber of Dispute 's calling for the use of compulsory 
license in the pandemic; and  
f. South Africa and India for our legitimate use of WTO law to submit the current Waiver 
Proposal .16  
We recall our questions under  document  IP/C/W/674 and would appreciate delegates of the 
US and the EU to shed a light on whether the final report of Special 301  review in 2021  and the 
upcoming EC report on IP enforcement in third countries will both refrain from criticising countries 
legitimate actions of using and discussing TRIPS flexibilities for public health safeguarding.   
In closing, we would once again cal l that we move to a text -based discussion. We have come 
a long way since October, we all agree that COVID -19 is an exceptional circumstance that requires 
common and inclusive actions. As you indicated Chair, there are common understandings that are 
emergin g, which could be captured in documentary form. We all realize that our destinies are 
intertwined and that we have to find better ways to collaborate, though we continue to disagree on 
how this can be done in the best way.   
Based on past practice of conven ing meetings in various formats and configurations, we expect 
that this practice will continue. Co -sponsors will soon start a process to discuss possible approaches 
to the draft Waiver text which may lead to an amendment of the current text. We look forwar d to 
continuing  this engagement with all Members as a priority, we need to pass this Waiver as soon as 
possible. Let 's get it done and save lives.  
 
8 https://phrma.org/ -/media/Project/PhRMA/PhRMA -Org/PhRMA -Org/PDF/P -R/PhRMA_2021 -Special -
301_Review_Comment -1.pdf 
9 https://www.bio.org/letters -testimony -comments/bios -2021-special -301-submission  
10 Page 131 of PhRMA submission; Page 10 of BIO submission  
11 Page 24, PhRMA submission;  
12 Page 24 of  PhRMA submission: https://phrma.org/ -/media/Project/PhRMA/PhRMA -Org/PhRMA -
Org/PDF/P -R/PhRMA_2021 -Special -301_Review_Comment -1.pdf  
13 Page 252 of PhRMA submission  
14 Page 9, BIO submission; Page 241, PhRMA submission  
15 Page 169, PhRMA submission; Page 12, BIO submission  
16 Page 14, PhRMA submission  IP/C/M/98/Add.1  
 
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Brazil  
Brazil reiterates previous information provided  on this agenda item in past TRIPS Council 
meetings. We believe that the TRIPS Agreement provides us with tools and policy space for Members 
to take measures to protect public health, and that the use of TRIPS flexibilities, such as compulsory 
licences , could, if necessary, be used to a fast -track access to vital supplies of COVID -19 related 
medicines and therapeutics. Today existing shortages seem to relate more to productive capacity 
and logistic bottlenecks than Intellectual Property.  
As stated in the re port presented to the General Council in early March, we all share the same 
objective: to ensure timely and secure access to high -quality, safe, effective and affordable vaccines 
and medicines for all, especially in the context of the pandemic. In order to  do so, we should all take 
into account the lessons learned from fighting against COVID -19, and try to come up with concrete 
solutions, based on evidence and experience.  
We welcome the Director -General 's efforts and disposition to work with Members towards  
constructive and pragmatic initiatives to ramp up production of medicines and vaccines against 
COVID -19. Facilitating technology transfer within the framework of multilateral rules, as she 
mentioned in her acceptance speech in February, is a promising pat h to broaden access while 
encouraging further research and innovation. Other initiatives, such as technical cooperation, new 
investment in productive capacity and further arrangements with the participation of the industry 
can also play a part in ensuring the broadest possible availability of supplies.  
We are ready to work with Members and the Director -General to find constructive and 
pragmatic solutions for medicines and vaccines shortages, which enable us to use, to the full extent, 
existing productive c apacity everywhere in the world to fight the pandemic. This "third way " should 
be able to take into account the concerns of all stakeholders so as to allow us to overcome the 
current impasse within the Council and to allow us to move forward with concrete actions for the 
benefit of all.  
Ukraine  
Ukraine follows discussions on this issue in the TRIPS Council meetings and shares opinions of 
the WTO Members concerning necessity of stepping up cooperation in order to achieve t he common 
goal of ensuring timely and universal access to vaccines and other medical products to fight the 
COVID -19 pandemic. Reaffirming its commitment to work together towards making vaccines 
available to all, Ukraine is ready to move to text -based negot iations.  
China  
We thank co -sponsors for submitting this proposal . We would  also like to express our sincere 
thanks you Chair  for your hard work in last few months.  
As we pointed out in the last meeting, although we have seen the rapid development and 
deployment of COVID vaccines in recent months, we still face the limited COVID vaccines supplies 
and uneven COVID vaccines distributions. Developing countries  and LDCs, still face huge challenges  
The joint proposal emphasizes the difficulties faced by developing countries  and LDCs and 
seeks to ensure Members ' timely, equitable and affordable access to COVID vaccines and 
therapeutics . we believe this proposal provides a go od starting point for Member s to discuss trade 
emergency measures in response to the pandemic, we express our willingness to continue to engage 
in those discussions and find the balanced and effective solutions.  
China noted that new Director -General  of WTO , Dr Ngozi Okonjo -Iweala, had pointed out that 
the supply constraints and vaccine nationalism benefits no one. We fully agree with that. China has 
already donated or is donating COVID vaccines to 69 developing countries  with urgent needs and 
carried out va ccine R&D and manufacturing cooperation with more than ten Members . China firmly 
believes that COVID vaccines should be a public good globally, and we will continue to enhance the 
global cooperation and promote the fair and equitable distribution of COVID vaccines  IP/C/M/98/Add.1  
 
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Only through global cooperation and solidarity, we can win this combat  against pandemic. We 
hope that Members can support COVAX and other multilateral cooperation mechanism. And we 
encourage competent Member s do their best to  provide vaccines to Member s in need, especially to 
developing countries . 
Nigeria   
We commend the delegations of India and South Africa for leading these discussions. We thank 
Members who have raised questions and we also thank other co -sponsors for their responses.  
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, development, manufacturing and supply 
of materials essential to combat COVID -19, while preserving the intellectual property rights of 
Members . 
With regards to the flexibilities provided under the TRIPS Agreement, The TRIPS flexibilities 
contained in Articles 31 and 31 bis was not designed to address a global pandemic of this level.  For 
instance, a voluntary licensing system is not transparent, and often times contain stringent clauses 
that do not contribute to our global commitment of ensuring that Vaccines and COVID  related tools 
are accessible in a timely and cost -efficient manner . Also, in a voluntary licensing system, the 
licensee is often times at the mercy of the IP owner.   
In order to deepen our common understanding and attain a landing zone on this waiver, we 
believe it is now time to move to text-based  discussions to conside r the merits of this proposal.  
Finally, we wish to thank you for the exceptional manner in which you led the discussions on 
the Waiver Proposal . we urge all Member s who are yet to co -sponsor this proposal to do so as soon 
as possible to enable the scale u p of manufacturing capacity of the COVID -19 related supplies in 
countries with capacities. As the saying goes, no one is safe until everyone is safe.  
Mozambique  
My delegation would like to commend you and the WTO Secretariat for having organized this 
formal session of the TRIPS Council.  We thank for the work progressively being devoted to this issue, 
and for your tremendous effort in guiding our work, and we would like to appreciate the constructive 
engagement of t he WTO Members. We support all previous statements delivered by India, 
South  Africa, as well as those from the Co -sponsors and Members who constructively addressed this 
issue.  
COVID -19 pandemic continues to kill and threaten people, unfortunately, a year a fter it has 
first been identified… Up to now, there is no any single medical product that can ensure the treatment 
and elimination of the COVID -19 pandemic, and, being so, continues to be the most recent world 's 
most challenging disease facing the existenc e of the human beings everywhere. Vaccines are the 
only available resources being administered in view to save people 's lives.  Within this struggle, 
developing countries including LDC 's, SVE 's and SIDs, are the ones suffering  more as, by no way  
they can at  least minimise the dramatic situation faced due to COVID -19.  
The limitation of vaccines for covering the urgent needs including therapeutics, diagnosis kits, 
preventives and others, can, in our point of view, be solved only if made possible that producer s 
from various more countries be given chance and allowed to engage to produce either individually, 
or by involving partnering with others to massively advance to action towards production.  
We commend and thank the Director -General, Dr Ngozi Okonjo -Iweala,  for her reference 
during the General Council,… to the need for an urgent collective engagement and work, in order to 
foster the response to COVID -19 crisis, an encouraging signal.  
We would like to reiterate our appeal for a constructive engagement and pos itive consideration 
of the request for a temporary TRIPS Waiver on certain provisions of the TRIPS Agreement, so that 
producers in condition to do so, can join their efforts  and start to produce and substantially 
contribute, to respond to the huge existing  needs, and cover the world demand.  IP/C/M/98/Add.1  
 
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As colleagues who intervened before us referred to, we totally agree with the need and urgency 
to advance to a text based discussion and to continue with the informal meetings on this matter, so 
as to enable a thorough d ebate and advancements on this so important issue. This intervention is 
aligned with the ones from Africa, LDCs and OACP Groups of countries.  
Finally, allow us to humbly express our gratitude to all our partners who have tirelessly been 
assisting Mozambiqu e to fight COVID -19, including assistance in other challenging issues.  
Jamaica  
This statement is being delivered in our national capacity. Jamaica wishes to thank the 
proponents of the waiver for the continued efforts in constructively engaging Members on this 
matter. We continue to support the underlying principles in the proposal w hich seek to ensure 
equitable access on a non -discriminatory basis to medicines/vaccines. It is without a doubt that all 
our countries have been significantly impacted by the pandemic, as such, there must be a global, 
coordinated response. It is only throu gh such coordinated efforts that we will be able to prevent, 
treat and contain the virus and jump start economic recovery efforts.  
The WTO, as the multilateral institution responsible for global trade has a critical role to play 
in the international commu nity's efforts to preserve the health and save the lives of millions of people 
across the globe. We have a duty to strike an appropriate balance between the objectives of 
incentivizing innovation, on the one hand, and on the other hand, safeguarding health  and saving 
lives. Jamaica supports the objective of the waiver and the methodology for its implementation is 
still under detailed examination in capital. We support the call for a move to text based negotiations 
on the document, which we believe would giv e other Members an opportunity to propose 
amendments and, where possible, pursue a merger of the various submissions on this very pressing 
issue. Our collective objective should be to arrive at a final version that all WTO Members can live 
with.  
Jamaica r emains encouraged by the robust discussions and exchanges on the proposal which 
have ensued over the past months and is confident that WTO Members are capable of arriving at a 
consensus to ensure that the Organization plays an effective role in the respons e to this pandemic.  
Tanzania on behalf of the African Group  
 On behalf of the African Group , I would like to thank you for your turn as you thought  in 
advancing the work of the Council . I want to briefly reiterate our longstanding position in the African 
Group that the proponents and co -sponsors have already provided enough clarity and justification 
for the Council to take a decision . We are aware of this situation , all of us intends the  challenge of 
bodies underlying in terms of the production of vaccines,  medical kits and medicines related to 
COVID -19 which is insufficient to cover the huge demand globally and, of course, without planning 
much on the restorage , the pandemic, it is delay ed, reached everywhere and we are all fasting the 
challenges that are the negative impact of the pandemic.  
Therefore, for the Members to be able to come this challenge, we need to make  decisions and 
one of the key issues that is that w e think it will be wi se for the Council to match it is to adopt the 
decision , the proposed d ecision and therefore we would like to repeat again that, we will want to see 
a text negotiation c ommenting as soon as possible . Than to continue debating all the relevant of 
adopting t his way, while we all know, that everywhere there have been calls thought he then looking 
forward to seeing  the Council making a decision  and I think the global call we use should you  be 
across the globe . The public organisation, I mean the government s, the civil society, members of 
parliament, these all demonstrate the  importance of the Council  has in ensuring that it contributes  
to the fight of this threatening pandemic.   
Therefore , I wanted  just to briefly share with you our field that we are feeling tha t we are 
getting late to making a decision which is being awaited globally to be made.  
Chile   
The position of our delegation is well -known among Members and we would like to request the 
Secretariat to reproduce it in the report of this session. Notwithstanding the above, we would like to IP/C/M/98/Add.1  
 
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  express the importance of maintaining a constructive and respectful dialogue with a view to reaching  
common understandings based on concrete and empirical evidence to allow us to identify real 
problems and solutions when facing the challenges associated with the pandemic. Our delegation 
will continue to actively participate in this discussion.  
In additio n, we consider it important to highlight the words of the Director General about the 
need to make parallel efforts in the search to improve the global scale up of vaccines. For this reason, 
together with the discussions on this agenda point, we call for an  open mind in seeking parallel and 
collective solutions to the global effort to increase the production and distribution of vaccines 
worldwide.  
El Salvador  
First of all, we would like to reiterate the information pro vided  at the Council 's previous 
meetings on this proposal. We thank the proponents for placing this item again on the agenda. As 
we have stated in other meetings, El Salvador considers the comprehensive handling and 
management of the COVID -19 health crisis  to be of vital importance.  
In this context, our country has been analysing in detail the proposal in question from a social 
and health perspective, as well as from a legal angle. We consider that the discussions that we have 
held on this proposal provide important inputs for a practical and profound discussion within the 
competence of this Council on improving the intellectual property system, identifying the specific 
barriers that some Members have faced during the crisis in addressing their priorities an d seeking 
solutions within the multilateral system.  
It is important for our country to continue intensifying dialogue and cooperation among 
Members on this very important subject in order to find a balanced solution for all partners. 
El Salvador will conti nue to engage constructively in this discussion, and in this regard we thank 
you, Chair, for your ideas on how to continue these discussions in the future.  
Cameroon on behalf of the African, Caribbean and Pacific States  
The ACP Group  wish to thank you, Chair, for your current performance  as a Chair of the 
TRIPS  Council, we also thanks the propo nents  of the document IP/C/W/669 . The ACP Group supports 
the public health objective of the proposal which is to ensure that our people have an affordable 
access to medicines, vaccines and other items required to critically continue to prevent and contain 
the virus.   
This proposal comes during the most devastated health cr isis in our life care . The COVID -19 
pandemic is cooperative and ha ve caused  measures disruption, social ly and economic al. We reiterate 
the view , that while all countries have been significantly impacted by the pandemic , the capacity of 
developing countries and LDCs has  come to this multidimensional  crisis in the extremely constrained 
pass over the stress of public finance, had fragile health  care systems . The WTO has an important 
role to play in provid ing an initiative to prevent the loss and save life of millions of people  across the 
globe.  We have to do so now.  
The ACP Group call for the continuation of the discussion  in different format  to find  an outcome  
as soon as possible in the interests of human rights . Some of our Members have  already 
co-sponsored and we are consulting internally  in the view to further contribute to the positive  
outcome of th is discussion. The ACP Group  gave time to co -sponsor for their hard work until this 
opportunity to invite other Members to engage constructively wi th the  view to find  a solution.  In 
order to move on, the ACP Group  encourage all Members  to give  priority  to consultation . This seems 
to be the most effective way  to tailor the waiver to a consensus . 
Colombia  
Colombia once again wishes to thank the co -sponsors of document IP/C/W/699 for continuing 
to highlight the importance and urgent need to work in a coordinated manner to provide a global 
response to the health crisis and its economic impact. As we have reiterated, this is a matter to 
which Colombia attaches the highest importance and we will continue to give it priority in our 
international relations.  IP/C/M/98/Add.1  
 
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We would also like to thank the Chair of the TRIPS Council, Ambassador Mlumbi Peter, for her 
valuable work in the conduct of discussions on the matter and the report submitted during the 
General Council. We wish to highlight our interest in continuing this technical discussion to ensure 
the best possible response to the current pandemic and any similar circumstances in the future.  
We would also like to express our support for the message conveyed and the work carried  out 
by the Director General, focusing on ensuring global access to vaccines, treatment, and medicines 
related to COVID -19. We consider that the proposal to work directly with the pharmaceutical industry 
to achieve the transfer of knowledge and technology,  as well as the granting of licensing to 
manufacturing centres in emerging markets and developing countries, is quite constructive. We see 
that this is definitely progressing a positive way towards increasing the current pace of vaccine 
production in order  to meet global demand.  
With regard to the proposal for a waiver, we once again invite the co -sponsors to provide a 
revised version of their text, including the results of the technical discussions that we have held so 
far. We consider that a shorter propo sal would boost the technical dialogue that is the basis of the 
consensus required, which will lead us to the next phase of the discussions as proposed by the 
authors. I wish to conclude by reiterating Colombia 's willingness to continue to engage construct ively 
in the discussions and by emphasizing the importance of pursuing this dialogue in the TRIPS Council, 
which is the leading forum for global consensus building on this matter.  
New Zealand   
"The humanitarian, soci al and economic need for an effective global response to the pandemic 
is beyond question. This includes ensuring equitable access worldwide to safe and effective 
COVID -19 vaccines and other medical products. New Zealand is committed to this goal as a COVAX  
participant and donor, and through our support for vaccine access in the Pacific. We remain open to 
exploring all options for addressing equitable access that need, including this Waiver Proposal , and 
therefore supports the continued discussion of the pro posal.  
In our view, these discussions should focus on the need to increase the world 's capacity to 
manufacture and quickly distribute COVID -19 vaccines.  As the Director -General has noted, the world 
has a normal vaccine manufacturing capacity of 3.5 billion doses per year. This need  to significantly 
increase if we are to tackle COVID -19 globally. The emergence of new virulent strains has taught us 
that no o ne is safe from the virus until everyone is protected. How do we do that quickly and 
effectively?  Clearly, any new manufacturer and distributor will need to be able to operate without 
infringing intellectual property rights. However, we cannot consider thi s factor on its own.  
The expansion of manufacturing and distribution capacity will also likely depend on the ability 
to attract investment, secure relevant technology transfer and expertise, ensure the necessary 
safety, efficacy and regulatory standards a re met and ensure links into relevant supply chains. We 
know that intellectual property may be relevant to each of these factors. We also need to consider 
any impact on incentives to innovate which could affect our ability to address the evolution of this 
pandemic or any future public health emergency.  
Therefore, while it is important that the TRIPS Council shows leadership in relation to 
intellectual property, it is also important that individual elements of the manufacturing capacity issue 
are not considered in isolation. We should be further exploring the role the WTO can play in fostering 
increased manufacturing capacity and solving distribution challenges. We took note, as I 'm sure all 
Members did, of the comments our new Director -General made on  the work that can be done to 
improve access to vaccines while we continue to discuss the Waiver Proposal  in this forum. We hope 
the WTO takes opportunities to collaborate with the WHO and others to understand how IP settings 
impact manufacturing scale -up. Closer collaboration with industry –manufacturers, IPR holders, and 
those who currently hold licenses – is also vital in us pursuing an effective response to the pandemic.  
We therefore look forward to continuing to work with Members to understand and addr ess 
concerns about intellectual property providing a barrier to increasing the net availability of vaccines 
and other products.  In doing so we will look to be informed by insight arising from these broader 
activities ". IP/C/M/98/Add.1  
 
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Mongolia  
Mongolia commends all Members for the deliberate engagements with extensive discussions 
based on the questions and answers for the past five months on this Waiver Proposal . Mongolia joins 
other co -sponsors and calls on the Members to consider text based negotiations to define scope and 
timeline of the Waiver Proposal  for the balanced and agreeable decision for all. the We are of the 
view that this proposal is not intended t o seek solution for a single country, but compliments to the 
common global efforts to fight against pandemic.  
Namibia  
WTO Membership to recognize that Members with insufficient or no manufacturing capacities 
in the pharm aceutical sector could face difficulties in making effective use of compulsory licensing 
under the TRIPS Agreement, already indicates a warning on how such Members will evenly address 
the COVID -19 pandemic. It is a fundamental problem which requires an urg ent solution to ensure 
affordable and equitable access to medicines and medical supplies. For African countries, the 
scramble for vaccines continues and to date, majority of African countries  have not received a single 
dose of any vaccine.  
My delegation fu lly supports statements that were delivered by other Members in support of 
the proposal for a waiver. Like they say with time, COVID -19 does not wait for no man, therefore 
an urgent solution is required in order to serve humanity. It 's not a matter of endl ess discussions 
and consideration but a matter of life and death which requires urgent action.  
Canada  
Further to the TRIPS Council 's status report delivered at last week 's meeting of the General 
Council, Canada is pleased to see that Members were able to agree on a way ahead for this important 
discussion. Canada remains fully committed to identifying consensus -based solutions to any specific 
IP challenges experienced by Me mbers, related to or arising from the TRIPS Agreement, in their 
responses to COVID -19, and is pleased to continue to take part in this discussion, as part of the 
broad multilateral effort toward addressing the COVID -19 pandemic.  
As the world continues to c ontend with the profound public health, economic, and social 
challenges caused by COVID -19, it remains important that the international community work 
constructively to find solutions to these obstacles, particularly at a time when advancing our shared 
understanding of the novel coronavirus, its treatments, and its emerging variants, will be so crucial 
to addressing the pandemic.  
Canada would like to reiterate that it has not rejected the proposed waiver from certain 
provisions of the TRIPS Agreement. Canad a acknowledges that the global procurement and 
distribution of COVID -19 diagnostics, therapeutics, vaccines, devices and equipment has been, and 
remains, challenging for almost all Members of the international community, including in view of 
limited produc tion capacity and other logistical challenges. Indeed, it is for these reasons that 
Canada remains interested in understanding the specific nature and scope of any concrete IP -related 
challenges experienced by Members, related to or arising from the TRIPS Agreement, in their 
responses to COVID -19, so that concrete, consensus -based solutions can be found.  
Canada again wishes to thank waiver proponents for their written responses to our questions 
in document IP/C/W/671, as circulated in January under documen ts IP/C/W/672 and IP/C/W/673. 
We also continue to take note of, with great interest, the recent indications from some Members of 
unused or underutilized COVID -19 vaccine production capacity. As we have encouraged in recent 
TRIPS Council meetings, Canada wo uld invite Members to identify any unused or underutilized 
facilities that can produce COVID -19 vaccines, and particularly those that are available and actively 
seeking in -licencing opportunities, so that discussions with vaccine developers can be advanced . 
Canada also remains interested in any indication by Members with unused or underutilized 
production capacity of whether and/or why licencing efforts have so far proven unsuccessful, 
including the identification, in these instances, of any IP -related chal lenges arising from or related 
to the TRIPS Agreement, and that Members could not address through existing TRIPS flexibilities.  IP/C/M/98/Add.1  
 
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Identifying any trade -related impediments to the utilization of production capacity and the 
scaling up of vaccine production, a s well as to the production and distribution of other 
COVID -19-related medical products, will remain essential to finding consensus -based and concrete 
solutions to any challenges experienced by Members. Canada therefore encourages Members to 
share their re spective experiences in operationalizing production capacity for vaccines and/or other 
medical products, including any IP -related or other challenges experienced in this area, with a view 
to assessing the extent to which any challenges may be attributable to the TRIPS Agreement.  
Indeed, during the most recent TRIPS Council meeting on February 23, Canada shared its own 
recent experiences in this area, whereby Canada approached seven vaccine developers regarding 
the possibility of production in Canada. While  these discussions received an assessment from vaccine 
developers that capacity was too limited to justify the investment of capital and expertise needed to 
start domestic production, Canada has now, with further investment in production capacity, been 
able to reach a memorandum of understanding with the U.S. company Novavax to pursue production 
of its COVID -19 vaccine, which is expected to begin later 2021. As noted during the 
23 February  2021 meeting, it is thus Canada 's considered view that IP rights hav e not emerged 
among the challenges to building our capacity to produce COVID -19 vaccines in Canada. In a similar 
spirit, Canada continues to welcome the sharing of other Members ' experiences in their discussions 
with vaccine developers and licensors.  
With respect to the proposed TRIPS Waiver more broadly, and particularly with regard to 
vaccine production, Canada remains interested in understanding how a waiver would incentivize the 
requisite collaborative relationships between technology licensees and lic ensors, such that all 
relevant technology and related know -how can be fully engaged. In particular, we continue to note 
that vaccine production may not only rely on patented technology, as well as undisclosed 
information, some of which may be submitted to health and safety authorities to meet regulatory 
requirements, but also on a broad range of technical expertise, know -how and other knowledge that 
may also require collaboration with vaccine developers to facilitate its transfer. In other cases, where 
the production and scaling up of a vaccine technology is contingent only upon some form of patent 
freedom to operate, we remain interested in identifying any instances where holders of patents for 
COVID -19 vaccines have refused requests for voluntary licences,  and whether and how Members 
have attempted, but were unable, to apply Article 31 of TRIPS to engage existing flexibilities 
available under this Agreement.  
Canada would like to thank Members for their interventions on this important topic, and for 
their re sponses so far to our questions on concrete IP -related challenges in addressing COVID -19. 
Canada remains actively committed to a robust, multifaceted, and global effort to address the 
pandemic, and one that fully leverages the WTO 's capacities and those of  the entire multilateral 
system in supporting the research, development, manufacture, and distribution of safe and effective 
COVID -19 diagnostics, equipment, therapeutics and vaccines. As equitable, timely and affordable 
access to testing, treatments, and effective vaccines remains critical for controlling and ending this 
pandemic, Canada looks forward to continued engagement with all members of the international 
community, including in the WTO TRIPS Council, to finding concrete solutions to these global 
challenges.  
United Kingdom   
The UK has continued to engage in evidence -based discussions within the TRIPS Council. We 
have done this in good faith, wanting to get to the heart of the issue and to understand how this 
proposal can meet our shared objectives of preventing, containing, and treating COVID -19. Recently, 
in response to communication  document  IP/C/W/672, we asked a number of questions relating to 
the proposal. However, answers to these que stions remain outstanding. To move forward with 
evidence -based discussion, it is vital these questions be answered, and we remain ready to engage 
with delegations in all available channels.  
We have seen the intellectual property framework support innovatio n and collaboration in the 
form of R&D, manufacturing agreements and other technology transfer efforts. It is a framework 
that can continue to support the equitable global supply of quality and safe vaccines, diagnostics, 
and therapeutics.  IP/C/M/98/Add.1  
 
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We encourage Me mbers and stakeholders to focus on the following key issues with regards to 
the most immediate task, inoculating the world. How many more vaccines are required to meet 
global need? What is the most efficient way to do this? Where are global efforts falling  short? How 
do we take concrete and realistic next steps? How do we ensure vaccines are safe and effective?  
The way ahead lies within the framework of multilateral rules. These rules have already been 
shown to support and encourage research and innovation while at the same time allowing licensing 
agreements that help to scale up manufacturing of medical products. Enabled by the 
TRIPS  Agreement, and encouraged by its trusted collaborations, Astra Zeneca has licensed over a 
dozen large -scale manufacturers, in cluding partnerships to produce up to 1.2bn doses specifically 
for low - and middle -income countries. It continues to enter into partnerships to scale up 
manufacturing, technology transfer under a licensing model which has delivered during the 
pandemic. The  UK considers focusing on voluntary licensing and partnership models is an important 
part of the solution we are all striving for: saving lives and ending the pandemic as quickly as 
possible.  
We are pleased to see industries ', both developers and manufact urers, continued emphasis on 
availability of vaccines and the role of industry partnerships in delivering this solution. Supply -chain 
bottleneck issues were recently explored at a summit on 8 and 9 March 2021 convened by the key 
stakeholders in these effor ts. Looking carefully at how to build resilient supply chains, that develop 
and make the most of trusted partnerships, will be crucial as we continue to meet global vaccine 
needs including through the WHO COVAX facility.   
The UK is pleased to see COVAX beginning to have a real -world impact with the first deliveries 
of vaccines making it to Ghana earlier this month, closely followed by deliveries to other countries 
across Africa, Latin America, and the Middle East.  
Recently , at the G7 leaders ' call, the UK announced that it will share the majority of future 
surplus vaccine doses with COVAX. Leaders also made additional commitments of over 
USD 4.3 billion to the ACT -Accelerator and its COVAX facility. This will support COVAX in striving 
towards its target to provide 1 billion COVID -19 vaccine doses to 92 developing countries in the 
course of 2021. The Oxford -developed vaccine produced by AstraZeneca and its partners is a key 
element of the COVAX facility. The partnerships span  across the world with fruitful engagements for 
example in China, Mexico, Brazil, Russia, South Korea and India. As discussed at the General Council 
last week, we, together with industry and stakeholders around the world, should look to these 
licensing and  partnership models.  
In addition to those immediate efforts, we are ready to explore what role the TRIPS Council 
may play now and in the longer term.  The UK remains committed to working to support the global 
response to the COVID -19 pandemic. Supporting the scale -up of manufacturing to meet global needs 
for diagnostics, vaccines, and therapeutics as part of the multilateral IP framework will be a concre te 
way to achieve this. We look forward to continuing our evidence -based discussions to this end.  
Switzerland  
There is agreement in this Council, that the common goal must be  to work towards global 
access to COVID -19 vaccines as expeditiously as possible.  
With the first few vaccines obtaining regulatory approval only at the turn of the year, we are 
still far from having sufficient vaccines at our disposal to reach this common goal. While considerable 
efforts are unde rway to scale up global manufacturing, these efforts need time. And they must be 
further intensified.  
This brings us back to the discussion of this Council whether the proposed TRIPS Waiver would 
be helpful or harmful to these efforts. The latter is the c ase, in the view of this delegation.  The novel 
COVID -19 vaccines are complex biotechnological products. Those based on the novel mRNA 
technology involve completely new manufacturing processes. Their production requires the setup of 
new manufacturing facili ties, or extensive repurposing of existing ones.  
This is time - and resource -consuming. The IP system provides incentives for cooperation 
between vaccine developers and additional manufacturers, and enables assistance as well as IP/C/M/98/Add.1  
 
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  technology and knowhow tran sfer, thus accelerating the process of this scaling up production and 
making the success of these undertakings more predictable.  
It is misleading, therefore, to argue that the temporary suspension of large parts of the 
TRIPS  Agreement alone would translat e swiftly into a worldwide supply of COVID -19 vaccines or 
that it would even have avoided a scarcity at this initial stage of the process where global access 
needs to be geared up to supply more than 8 billion people.  
In order to achieve this scale -up as expeditiously, efficiently and safely as possible, contractual 
manufacturing is a more promising approach. Meaning, a close partnership between vaccine 
developers and manufacturers which have the respective technological production capacity and the 
capabil ity to obtain regulatory approval to ensure the quality and safety of their products.  
Dozens of such global collaboration partnerships have already been established over recent 
weeks and months with a view to jointly speeding up manufacturing. Astra Zenec a, as just one 
example of a novel COVID -19 vaccine developer among others, informed that it collaborates with 
manufacturing partners in Argentina, Brazil, China, India, Korea, Mexico and Russia, to enable global 
supply of its vaccine in sufficient quantiti es as soon as possible. The millions of doses that India 
mentioned it has delivered so far to partner countries, are, at least in part, the result of such a 
licensing and partnership agreement between Astra Zeneca and Indian manufacturers. These and 
other partnerships are built on the international regulatory framework, including the 
TRIPS  Agreement.  
The positive results on global supply of these manufacturing partnerships will start to show 
notably over the coming weeks and months. But it remains a fact t hat the unprecedented challenge 
to provide the whole world population with novel vaccines cannot be mastered simply by pressing 
the light switch.   
Switzerland welcomes all initiatives, which bring together vaccine developers with 
manufacturers that dispose of relevant manufacturing capacity, technical expertise and the qualified 
capability for regulatory approval of such manufacturing.  
From the poin t of view of costs and logistics, but particularly considering the time pressure 
that the fight against the pandemic mandates, manufacturing capacity must be scaled -up as 
efficiently as possible. What is required is an optimal and strategic use of resource s and supply 
chains while ensuring the close cooperation of all stakeholders, private and public, to maximize the 
output for and the impact on the goal of global access. We remain open to engage with other 
WTO Members in order to promote and contribute to this goal.  
Governments have an important role to play in this respect. Not only as concerns the necessary 
preparations to make the vaccination process run smoothly when sufficient quantities of vaccines 
are delivered. But also as concerns their customs ta riffs, tax or non -tariff regulatory measures which 
might work as barriers to swift and more affordable access.  
It is our collective responsibility to make international trade a powerful instrument to help 
contain the pandemic and contribute to economic re covery. The "Trade and Health " initiative by the 
Ottawa Group provides pragmatic proposals in this regard, notably on export restrictions, 
transparency and on enhanced cooperation with other international organizations. Switzerland firmly 
believes that the se proposed actions would support global efforts to ensure equal access to medical 
goods, including vaccines and we therefore encourage all WTO Members to engage in these 
discussions.   
To determine the way forward concerning the TRIPS Waiver proposal, Chair, we request your 
successor to hold consultations with Members, including as concerns next dates for the Council to 
continue its discussion under this agenda item.  
Japan  
Japan believes that ensuring timely, fair and equit able access to vaccines and medical 
treatments throughout the entire world is essential in the fight against COVID -19. Japan has put 
emphasis on Universal Health Coverage in response to COVID -19, and Japan is contributing to IP/C/M/98/Add.1  
 
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  multilateral schemes such as th e ACT Accelerator and COVAX AMC in order to ensure developing 
countries ' access to vaccines.  
Furthermore, Japan contributes to the improvement of the universal access to therapeutics 
and diagnostics as well. For example, Japan is contributing to expanding  access to diagnostics 
through the Global Fund, and is contributing to Medicines Patent Pool and the supply of therapeutics 
through the contribution to UNITAID .  
Also, building medical supply network, such as establishing appropriate vaccination system, is 
essential in order to ensure equitable access and swift distribution of vaccine. In this regard , Japan 
extends support to deploy vaccines to every person in the world with a view to containing COVID -19 
as quickly as possible. Specifically, on March 9, the Government of Japan decided to extend 
Emergency Grant Aid of approximately 41 million US dollars to Southeast and Southwest Asian and 
Pacific Island countries. T his assistance will provide cold chain equipment such as cold -storage 
facilities and transportation, as "Last One Mile Support " to ensure vaccination in those countries 
through UNICEF.  
We are convinced that these efforts are practical and effective for ach ieving timely, fair and 
equitable access to medical products. If there were concrete challenges relating to the 
TRIPS  Agreement in production and procurement of COVID -19 vaccines, therapeutics, diagnostics 
and other medical products, we would like to contr ibute to the evidence -based discussion to solve 
such issues.  Japan will remain committed to combatting COVID -19, together with the international 
communities.  
European Union  
There is no doubt that all WTO Members agree on the objective in this global fight against the 
COVID pandemic: to rapidly develop and manufacture safe and effective therapeutics and vaccines 
and to distribute them equitably across the world as soon as poss ible. Achieving the objective of 
equitable access to vaccines is a top priority of the EU. We believe that the main global mechanism 
to achieve such equitable access is the COVAX Facility. The Facility has received a major financial 
boost following the G7 meeting.  
These new pledges bring us closer to achieving COVAX 's target to deliver 1.3 billion doses for 
92 low and middle -income countries by the end of 2021. Team Europe is one of the lead contributors 
to COVAX with over EUR 2.2 billion, including EUR 900 million pledged by Germany. It is clear that 
this is only the  start and that we will need to mobilise additional support as we move forward. We 
need to encourage the industry to step up and make their vaccines available and affordable to 
COVAX to create conditions for a timely global rollout.  
Recently two versions of the AstraZeneca/Oxford COVID -19 vaccine have been given WHO 
Emergency Use Listing. This announcement means that two versions of the AstraZeneca/Oxford 
vaccine, produced by AstraZeneca -SK Bioscience and the Serum Institute of India , are now available 
for global rollout through the COVAX Facility. This is crucial for the functioning of COVAX 's 
distribution mechanism and we hope to see more vaccines approved for emergency use soon. 
However, we see clearly that having a vaccine developed and reserved is not  enough. The actual 
delivery of vaccines will depend on a number of factors which include timely regulatory approvals, 
country readiness and logistics. The one major challenge we are facing now is to ensure rapid 
production of COVID -19 vaccines while maint aining the supply of all other medicines and vaccines.  
The fact that we cannot meet the demand for COVID -19 vaccines is not a surprise – we are 
dealing with an unprecedented situation of exploding global demand on the one hand, and a complex 
manufacturing  process of biological products, on the other hand. There is no silver bullet. In order 
to resolve the supply issues we need a much closer, more integrated and more strategic 
public -private cooperation with the industry in order to facilitate the transfer of the required 
know -how and technology. Intellectual property is a key factor in providing a framework that enables 
this cooperation.  
In the EU, we have set -up a Task Force for Industrial Scale -up of COVID -19 vaccines to detect 
and help respond to issues  regarding the supply of vaccines in real time. In order to ramp up 
production in the EU, the EU will, amongst others, work closely with manufacturers to help IP/C/M/98/Add.1  
 
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  monitoring supply chains and addressing identified production bottlenecks. As already indicated i n 
the General Council: the EU is ready to engage with the WTO partners to find similar solutions 
globally and to facilitate the collaboration with the pharmaceutical industry in order to scale up the 
manufacturing capacity for COVID -19 vaccines worldwide.  
We should focus our efforts on the necessary cooperation with pharmaceutical companies with 
the relevant know -how on COVID -19 vaccines production. The objective should be to ensure they 
enter into licence agreements with companies around the world that ha ve the necessary production 
capacities and could export the vaccines to any low and middle -income country without production 
capacity. The EU, working together with the other WTO Members and under the leadership of the 
Director -General , Dr Ngozi Okonjo -Iweala, is ready to facilitate a dialogue between the vaccine 
developers and companies with the production facilities that are ready to step in to help out with the 
production of vaccines and their delivery to the countries in need.  
The scale up of production  capacity is already happening, as developers of vaccines are 
entering into manufacturing agreements with producers, and are expanding global production by 
transferring their technology to licensees. We see this being done by AstraZeneca or Johnson & 
Johns on. In the EU we have examples of companies such as Sanofi that will provide help in 
manufacturing of vaccines to both Johnson & Johnson and Pfizer/BioNtech. We hope to see these 
collaborations grow and intensify so that we use the available and adequate m anufacturing capacity 
to the maximum extent.  
While we see the main solution to this crisis in the intensified collaboration with the 
pharmaceutical industry, should the voluntary solutions not be available, we consider that the 
TRIPS  Agreement and the pri nciples of the Doha Declaration can play a role in addressing this crisis. 
They reflect a careful balance between protecting intellectual property on one hand, which is a crucial 
incentive to innovation, and promoting widespread access to medicines and hea lth care, on the other 
hand.  
The flexibilities offered by the TRIPS Agreement are absolutely legitimate tools for Members 
in need as many are in the midst of this pandemic. This includes fast track compulsory licences  for 
export to countries without manuf acturing capacity. We have noted carefully the difficulties 
conveyed by some Members with regard to the implementation of these flexibilities, and we are very 
ready to discuss ways of overcoming them. Administrative burdens should not stand in the way of 
manufacturing and delivering vaccines to where they are needed.  
We need to use measures that both respond to our current needs, as well as preserve the 
incentives to innovate and invest in health -related research. It is not only about preparedness for 
future pandemics, the challenges posed by COVID -19 variants show very clearly that constant 
innovation and investment are key for dealing with the current crisis.  
The EU is committed to an open and comprehensive dialogue with all WTO Members and the 
Director Ge neral of the WTO to explore how the multilateral rules -based trading system can best 
support universal and equitable access to COVID -19 vaccines and treatments as we seek to provide 
for a robust, rapid and universal response to the pandemic. We are ready t o continue this discussion, 
also in additional meetings that may be scheduled by the Chair, whether in formal or informal format.  
Chinese Taipei   
We would like to thank India and South Africa for submitting document IP/C/W/669 as well as 
those Members who provided the documents IP/C/W/670, 671, 672, 673, and 674. Although a 
consensus on how to attain the common goal has yet to be reached, the produc tive discourse up 
until now has nevertheless helped Members to understand one another 's positions.  
Previous discussions have highlighted Members ' differences of opinion on whether a common 
goal should be achieved by (a) waiving the relevant protection obli gations under the 
TRIPS  Agreement, (b) making use of the existing flexibility mechanisms of the TRIPS Agreement , or 
(c) relying on voluntary licensing by pharmaceutical companies. In her speech to the Special Session 
of the WTO General Council, the newly a ppointed WTO Director -General, Dr Ngozi Okonjo -Iweala , 
stated that "there should be a 'third way ' to broaden access to vaccines, therapeutics, and 
diagnostics through facilitating technology transfer within the framework of multilateral rules, so as IP/C/M/98/Add.1  
 
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  to enc ourage research and innovation while at the same time allowing licensing agreements that 
help scale up manufacturing of medical products. " 
We believe that the development of high -quality, safe, and effective therapies depends 
primarily on strong R&D and in vestment. Furthermore, it is our view that a stable and reliable IP 
protection system is a vital incentive for both innovation and funding. With that being said, the 
TRIPS  Agreement does not and should not prevent Members from taking measures to protect pu blic 
health. As far as pandemics are concerned, COVID -19 is unprecedented in both scale and impact; 
however, the successful development of vaccines has heralded a new dawn in the fight against the 
virus. Members should now continue discussions to achieve a  solution that is agreeable to all. In 
doing so, we can ensure that this phase reaches a decisive conclusion and paves the way for an 
effective response to the pandemic.  
We strive for the same goal as all other Members . It is our hope that discussion of Pr oposal 
IP/C/W/669 may continue so that we can ultimately reach a balanced decision —one that benefits 
both IP protection and the public interest, and one that will allow the world to regain a measure of 
normality.  
Indonesia  
We commend you for your leadership in advancing the discussion of this Waiver proposal since 
October 2020. We also thank the Co -sponsors for their further explanations on the importance of 
this proposal, in ensuring intellectual property is n ot become a hindrance to the global access to 
medical products during the COVID -19 Pandemic. We share the views of the co-sponsors that has 
been stated and would like to reiterate our support.  
What we are facing at the moment is severe supply of vaccines, not only for developing but 
also develop countries. This supply constraint are made worse by vaccines nationalism approach 
undertaken by few Members from high income countries.  
Voluntary licensing is a most welcome approach. But the secretive model of this  approach, 
including its geographical exception, is definitely not sufficient and run counters to the global access. 
Moreover, any mechanism that solely rely to the initiative of pharmaceuticals company is inadequate 
to address global health crisis. Profit  driven mechanism should be balanced with global solidarity 
initiatives for ramping out the supply of much needed vaccines and other medical products.   
Countries and international organization, in particular the WTO, must play its roles and use all 
the too ls that are available in its hand in order to enhance production capacity for greater good of 
humanity. The TRIPS flexibilities have been touted as the balancing measures for access to medical 
products during health crisis. However, the implementation is n either efficient nor adequate for the 
crisis in the scale of the COVID -19. 
We need to find a quick solution to address this supply constraint or we risk having  bigger 
problem. The future pandemic is not unforeseeable. Our future pandemic most probably is t he 
continuation of COVID -19 through its new variants, that will emerge sooner rather than later. 
COVID -19 outbreak has taken us by surprised. But future pandemic probably is the result of our 
failure to provide global vaccination at the same time to stop t his pandemic.  
In addition, prolonging this situation will also prolong economic impact that we are all have 
suffered since 2020. In light of this , Indonesia is open and welcome  any proposal which could help 
address this supply constraint, even if such proposal could only help a few number of people. It is 
our moral obligation that trade, and IP, should not become a barriers to save a human life. And 
Indonesia is ready  to embark in text based discussion of the Waiver Proposal , both in informal and 
formal setting meeting, and urge other to willingly engage in the text -based negotiation.  
Singapore  
We continue to place strong importanc e on this topic in the furtherance of our common goal 
of ensuring equitable access to COVID -19 diagnostics, vaccines and treatments (DVTs). I would like 
to make three points.  IP/C/M/98/Add.1  
 
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First, we would like to reiterate that access to COVID -19 DVTs is a multi -faceted  and complex 
issue that goes beyond IP. In a recent WHO media event on 8 March  2021, Sarah Gilbert, the 
developer of the Oxford/AstraZeneca vaccine and Özlem Türeci, Chief Medical Officer of BioNTech, 
said that the structural barriers to a faster and more equitable vaccine rollout go far beyond the 
issue of patents. Professor Gilbert said that she did not "think that just making IP freely available 
goes anywhere close to solving the problem, because it 's not just the right to use the technology 
that's neede d, it's the feedstocks, cell banks, protocols, assays, standards and the reagents to do 
everything ". Dr Türeci added on that "it is a comprehensive solution and approach we need " and 
that "it is about novel platforms and novel technologies for which even t he setup of production 
facilities needs to be expanded, and you cannot just repurpose existing facilities ". As such, we need 
to continue to adopt a holistic approach to collectively work to get vaccines into the arms of our 
people.  
Second, there is still no agreement on the fundamental issues in this conversation, and we 
need to continue to engage each other on the basics before we can progress to text -based 
negotiations. In this regard, we are open to discussions in various formats in the coming weeks.  
Third, in the interim, we should continue to find a third way to broaden access, and we look 
forward to discussing with Members on how to do so, including by possibly leveraging on the 
Director -General 's, Dr Ngozi Okonjo -Iweala, knowledge to find concrete ways to increase production.  
Australia  
Since the proposed wavier was first discussed in this Council last October, Australia has made 
clear our commitment to supporting equitable, widespread and timely access to COVID -19 health 
products, including vaccines we  are pleased that there appears to be a widespread commitment to 
these outcomes among Members.   
There also appears to be broad agreement among Members that global manufacturing 
constraints are currently an impediment in achieving these shared objectives. The fact that there 
may be different perspectives, and remaining questions, on which policy steps will best address this 
challenge should not be misinterpreted as indicating the membership is not on the same  page about 
the existence of the challenge itself.  
The question we must focus on is how the multilateral trading system can, including the 
multilateral IP system, best contribute to overcoming these constraints by increasing the total global  
manufacture of  COVID -19 vaccines and health products. There appear to be different perspectives 
among Members on this question.  
We have not sought to block the waiver, but rather we have asked the proponents for specific 
evidence of underutilised manufacturing capacity , including whether steps have been taken to secure 
a voluntary license and whether it was TRIPS obligations that have impeded the use of this capacity 
we have not asked these questions for the purposes of stalling the debate, or because we have 
prejudged the answer rather, these are the key questions that will inform how we can best use the 
multilateral IP system to assist the scaling up of manufacturing capacity we ask these questions with 
an open mind.  
We note that Canada has also previously asked about the technical feasibility of producing 
vaccines independently of the original developer of that vaccine Australia agrees that this is an 
important question to answer in determining whether a TRIPS Waiver would actually lead to any 
material increase in the total number of vaccines.  
At the same time, it is Australia 's view that we need to look at what else the WTO, in 
cooperation with other international organisations, governments and industry, can do to encourage 
a scale up of manufacturing. Including by facilitating voluntary licensing arrangements, and the 
transfer  of know -how and technology after all, mere access to patent and other IP -protected 
information will be insufficient to ramp up manufacturing capacity without this expertise in doing so, 
we should draw on the considerable experience that our new Director -General brings to this 
discussion, and keep an open mind when exploring all possible outcomes.  IP/C/M/98/Add.1  
 
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We agree with the comments made by our esteemed colleague from India earlier that all such 
initiatives can be explored in parallel we urge the membership to proce ed on the understanding that 
all such initiatives have been put forward in good faith, with the purpose of furthering the objectives 
that we all share.  
To the extent that manufacturers are unable to strike fair, reasonable and timely licensing 
deals, Aust ralia supports the full and proper use of TRIPS flexibilities and exceptions including the 
issuance of compulsory licences , and stands ready to support countries in drawing on these 
flexibilities wherever necessary.  
Amid a global pandemic, the TRIPS Counci l has a responsibility to ensure that the 
TRIPS  Agreement offers a coherent and rules -based method for countries to take measures to 
support access to critical COVID -19 health products. Australia looks forward to continuing to engage 
on these issues with o ther Members as we work to find practical, constructive and consensus -based 
outcomes.  
United States of America   
The United States shares the compassion of saving lives as we enter the second year of thi s 
painful and difficult pandemic.  So many have lost their lives, and the mourning and suffering have 
no boundaries.  As reflected by President Biden 's pledge to COVAX, the United States is committed 
to working with international partners to end the devastating public health and economic effects of 
this pandemic.  Furthermore, the United States will work with partners to identify practical ways to 
catalyse  the needed capacity to end this pandemic and respond to the next one.  It is paramount 
that we col lectively increase access to and facilitate equitable distribution of COVID -19 vaccines and 
that we support policies that drive the rapid development, production, and distribution of new 
vaccines, medicines, and other health products.  
We look forward to en gaging in further fact -based discussions on the questions that a number 
of Members have raised about the proposal, with the aim of finding multilateral solutions to amplify 
the public health and humanitarian responses to the ongoing crisis, while bearing i n mind the 
importance of incentives for innovation.   
So that Members can better understand and consider the challenges with respect to the 
licensing, manufacturing, procurement, and distribution of COVID -19 diagnostics, equipment, 
therapeutics, and vaccine s and how those relate to the TRIPS Agreement, we welcome further 
engagement with the sponsors of the Waiver Proposal , including hearing further responses to the 
questions posed by Australia, Canada, Chile, and Mexico in  document  IP/C/W/671 taking into 
account the latest developments with the pandemic response.  
The United States is committed to working constructively with Members to tackle this 
unprecedented global health crisis and end this pandemic and is considering proposals based on 
whether they can ef fectively address these shared goals.  
Our engagement in these TRIPS Council discussions is only one part of the coordinated 
engagement by the United States with international partners to combat COVID -19. We look forward 
to working with partners to identify  the necessary actions that will make a meaningful difference in 
accelerating the end of this pandemic globally.  
World Health Organization  
Once again WHO welcomes the initiative of South Africa, India and all the co -sponsors of 
TRIPS  Waiver proposal. In particular, in  such an unprecedented pandemic situation, it is essential to 
explore all the avenues to promote timely, effective, affordable and equitable access to treatments, 
vaccines and other health technologies for patients in need around the world.  The most import ant 
goal is to stop people dying and be able to respond to the pandemic as soon as possible. All 
mechanisms, including voluntary licences, technology pools, use of TRIPS flexibilities and waiver of 
certain intellectual property provisions or market exclusi vities should be explored carefully.  
All these different initiatives have different characteristics and could be implemented in 
different ways and there are also existing challenges for the implementation of each of them.  That IP/C/M/98/Add.1  
 
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  is why they should be explore d simultaneously according to the different needs of the countries and 
their ability to implement them at the national level.  
As you may know, WHO has complementary tools to promote further development of needed 
technologies and equitable access like the S olidarity Trials, ACT -A, COVAX facility, but strongly calls 
funders and industry to facilitate sharing of intellectual property, knowledge and data through the 
COVID -19 Technology Access Pool (C -TAP).  Voluntary sharing and transparent, non -exclusive and 
public-health driven patent licensing and technology transfer agreements to promote competition 
and scale up manufacturing for detection, prevention and treatment are urgently needed.  
WHO C -TAP initiative could be a win -win solution to facilitate desperately  needed production 
of vaccines, treatments and diagnostics, but the mechanism has not been utilized so far by owners 
of knowledge. WHO encourages Members and other stakeholders to promote the mechanism to 
achieve the common goals of stopping the pandemic a nd redressing the global social and economic 
crisis immediately.  
Unfortunately, only limited, exclusive and often non -transparent voluntary licensing is the 
preferred approach of some companies, and this is proven to be insufficient to address the needs of  
the current COVID -19 pandemic.   
Finally and in line with the WHO Global Strategy and Plan of Action on Public Health, Innovation 
and IP, WHO promotes the application and management of intellectual property in manner that 
maximizes public health and techno logy transfer, including using to the full the flexibilities included 
in the TRIPS Agreement and the Doha Declaration on TRIPS and Public Health. Since the beginning 
of the pandemic some countries have decided to make changes in their legislations to facil itate the 
use of such flexibilities or others have used the flexibilities to promote access in their territories.  
WHO is committed to continue the collaboration with WTO, WIPO and other international 
organizations to achieve these goal to respond to the pa ndemic and prepare for future challenges.  
South Africa  
As we now hear, various delegations consider voluntary license agreements the preferred 
option to leverage production and supply capacity globally. We would lik e to unpack the issues of 
voluntary license once again, and recall document IP/C/W/674 regarding the key questions on 
voluntary license raised by the co -sponsors.  
We thank Canada and various other Members for various views offered. Once again,  we hear 
Members calling for evidence! This is a classic tactic to stall matters;  we have answered all questions 
posed to us. Canada was very quick to give itself new legal tools to ease the issuance of domestic 
compulsory licensing at the start of the COVID -19 pandem ic. In March 2020, as part of the COVID -19 
Emergency Response Act, Canada amended its Patent Act to make this process simpler and faster. 
In a MSF briefing note17 the following observation was made: Canada was willing to quickly ensure 
that this simplified pathway to a compulsory license for government use was in its toolbox very early 
in the pandemic, but that it did so without waiting for patent barriers to arise. This demonstrates 
that Canada was n ot responding to a specific, concrete IP barrier that required this intervention, but 
was instead preparing for potential barriers it might face. As such, at the WTO, other countries are 
being asked to supply evidence of specific barriers that Canada itsel f never waited for. Furthermore, 
the expiry date included in its compulsory licensing measure further demonstrates Canada was 
willing to enact measures to respond to emergency situations that were temporary, rather than 
permanent, in nature. Such is the ca se with the proposed waiver. Canada should permit a similarly 
temporary measure intended to proactively overcome potential barriers at the international level via 
the waiver.  
Some opponents of the Waiver Proposal  suggest that even if the waiver is passed tomorrow, 
there are no companies in the developing world that can produce any number of products relevant 
to COVID -19, including mRNA vaccines. This is a gross misrepresentation of reality, in fact 
developing countries have advanced scientific and technica l capabilities as would be demonstrated 
by the licensing agreements entered into by various pharmaceutical companies with producers in 
 
17 https://www.doctorswithoutborders.ca/sites/default/files/msf_canada_briefer_on_trips_waiver.pdf  IP/C/M/98/Add.1  
 
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  the developing world. The shortage of production and supply caused by the inappropriate use of 
intellectual property righ ts by right holders themselves, who enter into restrictive agreements that 
serve their own narrow monopolistic purposes putting profits above life. The situation in the 
developing world is not characterised by a lack of capacity, but a lack of opportunity and incentive 
since most companies will not produce if they are face with the risk of legal claims. We can unlock 
this potential by enabling these companies to produce to scale, the more manufacturers we have, 
the quicker we will reach our goal to vaccinat e everyone in the shortest possible time.  
Countries opposing the waiver stress on voluntary licensing as the main tool to collaborate for 
scaling up manufacturing, to transfer technology and know -how. But these same countries have 
very limited or no infor mation on the terms and conditions of the current licensing arrangements 
and so we find little basis for their arguments. In all the years that I have covered the TRIPS Council 
no developed country Member has been enthusiastic about technology transfer and  then only to 
LDCs. We note the intervention by the EU that voluntary licenses should be allocated. Does the EU 
guarantee that their private companies will partner with companies in the developing world to 
transfer technology?  
We have already explained tha t bilaterally signed voluntary license agreements between 
companies are often kept confidential and come with restrictive terms and conditions. Restrictive 
licensing terms can limit the sourcing, production and supply of raw materials, limiting the 
geograp hic coverage for supply, unilaterally ask for grant -back of improvement made by the 
licensees without equivalent obligation to the licensors, using technology transfer or know -how 
sharing terms as a way to reduce territory coverage for supply, restricting the licensee 's statutory 
right to challenge the validity of the licensor 's IP.18  
These kind of terms and conditions, if used in a pandemic as we are experiencing, will lead us 
to nowhere near mobilizing and leveraging the full global capacity and maximizi ng the freedom to 
operate worldwide.  
Bilateral confidential licensing agreements also often come without adequate public scrutiny 
and regulations. Although some countries have anti -trust regulations to deal with harmful voluntary 
license practices, those only come as an aftermath remedy for competitors and are not established 
with public health underpinning.   
In the current pandemic, we have so far not seen one single example led by multinational 
vaccine and therapeutic companies that has used a different approach to voluntary license by 
keeping the license terms and conditions fully transparent, opening up worldwide coverage for 
production and supply of both raw materials and finished products, unconditional transfer of 
know -how and technologies and coming  with no other restrictive conditions. All these elements could 
have been beneficial and helpful, but unfortunately have not been the choice of the industry. This 
should teach us a critical enough lesson that while governments can continue to appeal and 
encourage voluntary actions, it is a matter of decision making and accountability for governments 
to intervene and use other measures to tackle the inherent limitations of voluntary license.   
Canada  
This is just to address some of the  points that have been  mentioned now by South Africa . We 
believe in our intervention on 19 January on the matter and we had explained at the time that the 
measure implemented by Canada and to which South Africa has referred to , would refer to document 
IP/C/W/672 we recalled that this measure by my Canada was fully within the scope of the 
TRIPS  Agreement  which does show in our view how flexible the TRIPS A greement is and how 
promptly allow the Members to respond and implement the c hanges that are applied with the 
TRIPS  Agreement which is flexible . In our view, the considerations informing the amendments are 
distinct from those informing any consideration of the proposed waiver as our amendments were 
again fully within the scope of  the TRIPS Agreement .  
By contrast, our interest  in further clarification on country 's IP challenges and expressed by 
Members that intended to better if that is why a waiver would be necessary in relation  to IP issues . 
Beyond the scope of the TRIPS Agreement , which is the difference with the measure we have 
 
18 https://msfaccess.org/sites/default/files/2020 -10/IP_VoluntaryLicenses_full -brief_Oct2020_ENG.pdf  IP/C/M/98/Add.1  
 
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  implemented and of the flexibilities  available in the TRIPS Agreement  and which again already 
provided under any  relation to the TRIPS Agreement by the state at which we were able to make a 
change that was  compliant with the Agreement.   
We look forward to the discussion going forward, not on focus not on what measures Members 
would may or may not have implemented  but on the IP determinants of the waiver request, including 
inter alia , whether there being any unused or unu tilized active production capacity is attributable to 
the TRIPS Agreement , which is  the sort of information that is useful not only to work sure on the 
TRIS Council for which it is a mutual understanding and, indeed, to help our disc ussions here, the 
WTO support the global  response to the COVID -19. 
Chile   
Given the comments that we heard from the last  two speakers , we would like to reiterate that 
we want a constructive dialogue in this TRIPS C ouncil.  
We have to behave in a respectful manner and address each other in an appropriate manner, 
we need to preserve and for Chile 's importance that the TRIPS council be preserved as a construct ive 
forum  and thus with only to help us to reach a solution . 
Australia  
Just want to reiterate that we asked a number of questions earlier in good faith, and because 
we want to know the answer. These questions are not being asked to stall, and we hope that these 
questions are rec eived in the spirit they are intended.  
We have asked the proponents to identify - with specificity - any unused manufacturing 
capacity and whether it is the TRIPS Agreement itself that is the barrier. To put it another way - if 
the TRIPS  Agreement obligati ons were waived tomorrow, would this claimed unused manufacturing 
capacity be able to start manufacturing COVID -19 vaccines independently of the originator - what 
would this look like in practice?  
India  
I would like to tha nk Members that  have taken the floor on th is agenda item. I would like 
briefly to touch  upon the comment of the  Canadian colleague . I just wanted to clarify that beyond 
the TRIPS Agreement , if there are overarching Marrakesh  Agreement establishing the WTO and it is 
very much within the scope of the Marrakesh Agreements and hence cannot be conceived as  
something  as a multilateral  trading system . 
13  EXTENSION OF THE TRANSITION PERIOD UNDER ARTICLE 66.1 OF THE 
TRIPS  AGREEMENT FOR LEA ST DEVELOPED COUNTRY MEMBERS  
Chad on behalf of the LDC Group  
First of all, on behalf of the LDC Group, I would like to reiterate, Chair, my sincere thanks for 
the effectiveness with which you hav e always conducted our work and for your excellent 
management of this Council. We need your guidance to further strengthen the multilateral training 
system. The LDC Group has had the great pleasure of work with you and will continue in that same 
spirit wit h your successor.  
In our view, within the WTO, we have a green light, sometimes yellow, but certainly not red. 
Why do I say this? Because we already know the date of the next Ministerial Conference which will 
take place in Geneva at the end of 2021. We als o know that the WTO leadership has put itself to 
work, and that gives us a very encouraging and promising idea about the future of the WTO. We 
hope that this atmosphere will help us to obtain excellent results. The LDC Group has always 
underlined that the WTO is an essential organization and if it did not exist it would have to be 
invented. Luckily it exists. For us, the LDC Group, the WTO has a very important role to play in 
favouring the existence of a global multilateral system which is open, fair, trans parent, regulated, 
predictable and non -discriminatory. Our proposal is very much along those lines.  Accepting the LDC IP/C/M/98/Add.1  
 
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  proposal would help the most fragile Members in their difficult task of development and strengthen 
the credibility of the WTO itself.  
As to the subject of our communication, the LDC Group demonstrated rationality during the 
TRIPS Council meeting held in October 2020. We would like to thank all the Members for 
understanding of the needs of the LDCs. The LDC Group would like to answer the qu estions raised 
by certain Members, but before we do , we would like to remind Members of the urgent nature of 
this request, which is very duly motivated. The transition period of the TRIPS Agreement in 
Article  66.1 will expire on 1 July 2021. We appreciate the favourable comments by Members and 
hope that we will be able to undertake consultations under the leadership of the Chair of the 
TRIPS  Council as soon as possible.  
As to the question concerning the relationship between the L DC proposal on graduation which 
was submitted to the General Council and this proposal before the TRIPS Council, which both  refer 
to a transition period of 12 years after graduation. Obviously , the proposal before the General Council 
is broader because it includes all the agreements affecting LDCs following their graduation. The 
proposal before the TRIPS Council is specific to Article 66.1 of the TRIPS Agreement.  
The evidence shows that when Members negotiate in two places, they are very careful to avoid 
any duplication. We chose to follow the path of the TRIPS Council where the process of preparing 
specific rules is essential to the general rules of the General Council.  
As to the 12 -year transition period, it is very important to underline that our choice  is not 
arbitrary. To the contrary , we spoke with Members of our group and selected this period to take into 
account the timelines that LDC Members would face following graduation. Our focal point from 
Bangladesh will develop this argument further.  
Finally , the LDC Group does not intend with this proposal to replace the existing waiver on 
pharmaceutical products for LDCs. We note that the waiver for pharmaceutical products was 
introduced in Doha in 2001 and was dealt with separately from a global transition  period for TRIPS 
under Article 66.1. The two waivers operate on separate axes.  
It is very important that we agree on the consultation process in order for Members to be able 
to make progress well before the transition period expires. The expiration of th is extremely important 
transition period would be a great disappointment for the WTO. The LDC Group is ready to undertake 
consultations with the membership in view of a positive outcome.  
The COVID -19 pandemic has had a severe impact on LDCs, including thos e who are about to 
graduate. LDC exports have been severely affected, the prices of basic goods are declining, supply 
chains have been disrupted and the tourism industry is mostly dead. It is therefore very likely that 
LDCs will encounter a balance of paym ent crisis. In order to overcome the difficulties they face, 
which have been amplified by  COVID -19 pandemic, LDCs need a sufficient margin of manoeuvre  to 
access diverse technologies, educational resources, and other tools  essential to their development. 
The price of most products protected by intellectual property rights go beyond the purchasing power 
of LDCs.  
As we have underlined in our submission, if the need to develop productive capacity is an 
ongoing need for all LDCs, including LDCs about to gradu ate, the availability of a solid and reliable 
technological base is absolutely essential. In order to build this base in all LDCs, we need a new 
extension of the transition period with a maximum amount of flexibility. The LDCs submit this duly 
motivated re quest to extend the transition period expiring on 1 July 2021 and ask the TRIPS Council 
to adopt the text proposed by the LDC Group. This is what I wanted to say on behalf of the 
LDC Group. Perhaps my colleague from Bangladesh will complement what I have j ust said.  
Bangladesh  
Bangladesh supports the statement delivered by Chad on behalf of the LDCs. My delegation 
appreciates your kind efforts for facilitating discussion on this important submission during the 
informa l consultations and in the regular meetings of the Council.  IP/C/M/98/Add.1  
 
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During the October 2020 meeting of the Council, the LDC Group provided the rational e for this 
proposal. The LDC Group truly appreciates the overall sympathetic gesture and broad support from 
Memb ers for this submission. The current transition period will end soon,  and we request a positive 
outcome in favour of our proposal.  
As the LDC coordinator has indicated, my delegation now takes this opportunity to answer 
some of the queries that some deleg ations have made. There is a question, whether the LDC Group 
is asking for a permanent extension and why do they need an uncertain time "as long as an LDC" 
for this extension. We emphasize that the requested extension is not permanent. It is for "as long 
as a country remains an LDC" and then a specific period post -graduation. We stress that all LDCs 
aspire to graduate. No LDC wishes to permanently remain as an LDC. The proposed duration is also 
"certain". Once an LDC graduates, a specific transition period will apply. So, the requested extension 
is neither permanent nor uncertain.  
The next concern is why the LDCs need such an extension after graduation. Our group earlier 
responded to this question: The graduation criteria are based on GNI per capita, economic 
vulnerability and the human assets index. These criteria do not consider t he development of a viable 
technological base and related productive capacities, which is a long -term process. These criteria 
also do not consider the various access challenges that are persistently and constantly faced even 
after an LDC graduates. Therefo re, even upon graduation, a country will continue to need maximum 
policy space to develop its technological base and productive capacities.  
As a follow up, some Members have also demanded justification for the proposed 12-year 
length of the transition per iod after graduation. The LDC Group is willing to discuss this with Members 
if the proposal in principle is accepted. The LDCs after graduation should have policy space for a 
longer duration and the LDC Group considers that the proposed 12 -year duration fo r extension is 
justified.  
The LDC coordinator has already responded to the question whether the LDC Group's proposal 
replaces the current pharmaceutical extension for the LDCs. My delegation would like to 
re-emphasize that the LDC Group's duly motivated r equest is about the general transition period 
under Article 66.1 which covers all aspects of the TRIPS Agreement except for Articles 3, 4 and 5 of 
the Agreement. On the other hand, the pharmaceutical extension decision is specific to 
pharmaceutical product s and related to Sections 5 and 7 of TRIPS. Both these decisions have been 
co-existing in a mutually supportive way since 2002.  
The LDCs comprise around 12% of the world population but account for less than 2% of world 
GDP and around 1% of world trade. Th erefore, extending the transition period to countries as long 
as in the LDC category, and an additional 12 years after graduation from the LDC category, will not 
impact the global community but would greatly benefit the LDCs by putting them on a sustainabl e 
development path. Considering their present constraints and future needs, the LDCs are seeking 
policy space for a longer period under the TRIPS Agreement. The LDCs are demanding nothing new 
but are requesting to continue the flexibilities already given t o them for a few more years to support 
their smooth transition. Moreover, the outbreak of the COVID -19 pandemic has severely heightened 
the vulnerability of LDCs to shocks beyond their control. The LDCs deserve special attention of the 
Members.  
In conclus ion, Bangladesh requests the Council to take a positive decision on this submission 
as proposed. My delegation will stand ready to engage actively with the Members.  
United Kingdom  
The United Kingdom would like to express its support for LDCs. We note the wide range of 
policy concerns that they face, particularly during this unprecedented time of global pandemic and 
its impact on social and economic wellbeing. Therefore, we welcome this discussion and urge 
Members to find a progressive solution that meets the needs of LDCs, without losing the many 
successes that have already been achieved.  
This delegation recognizes the special requirements of LDCs as well as their need for flexibility 
to create a viable tech nological base. The UK remains committed to working with and to assisting IP/C/M/98/Add.1  
 
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  LDCs to ensure that they have the tools necessary to enact and maintain a fit -for-purpose intellectual 
property framework, and we look forward to further discussions on this issue in  the future.  
South Africa   
We would like to thank you for the update on the consultations that were held with the LDCs. 
We also thank Chad and Bangladesh for the presentations that were made, further explaining the  
rationale for the extended transition periods, envisaged under Article 66.1 of the TRIPS Agreement, 
for LDC Members. South  Africa in the past has indicated that it unequivocally supports the request 
by the LDC Group under Article 66.1, for as long as they  remain LDCs and for an additional 12 -year 
period following their official graduation from the LDC category as determined by the United Nations 
General Assembly.  
Article 66.1 recognizes LDCs' special needs and requirements, the economic, financial and 
administrative constraints faced by LDCs, and the need for flexibility to create a sound and viable 
technological base. An estimated 1.06 billion people live in the world's 47 LDCs and by 2030 over 
15% of humanity will be living in them. Despite their large d emographic weight, LDCs account for 
less than 1.5% of the global GDP, and as rightly pointed out by the distinguished delegate from 
Bangladesh, around 1% of world trade.  
It is in this light that we have to consider the United Nation's 2030 Agenda for Susta inable 
Development, and this hinges on the international community's commitment to leave no one behind. 
Even before the current COVID -19 crisis, there were signs that many LDCs would neither meet the 
ambitious SDG targets nor achieve their own national development plans .  
The adverse economic impact of the present COVID -19 crisis has severely affected the 
progress of growth and development of LDCs, which is also likely to delay or extend our graduation 
processes of several LDCs. The combination of the healt h, human, economic and social aspects of 
the present crisis dramatically highlights the vulnerability of LDC economies to shocks beyond their 
control. They will result in sharp setbacks  in progress to wards  growth and development of LDCs.  
At this point of h eightened uncertainty, LDCs need special development support more than 
ever. Therefore South Africa, based on the du ly motivated request as put forward by Chad and 
Bangladesh on behalf of the LDCs, would be in full support of granting this request for the extension 
under Article 66.1 for as long as a country remains in LDC, plus an additional 12 years after that 
particular events occurs.  
Chile  
For Chile, the LDCs' request merits consideration, particularly after having wit nessed how the 
pandemic has forced all Members to redirect their human and economic resources. In our view, 
multilateralism requires us to show empathy and a spirit of solidarity, and it is therefore vital that 
we recognize the special needs and requiremen ts of LDCs, as well as their economic, financial and 
administrative constraints. For this reason, our delegation hopes that the discussions will have a 
positive outcome.  
Tanzania on behalf of the African Group  
The African Group welcomes the LDCs' request as just introduced by the delegation of 
Bangladesh. As the African Group has previously expressed, the rational e that the LDCs gave for the 
waiver and the subsequent extension clearly exis ts today and has even been exacerbated by the 
current crisis. The envisioned objective of creating a viable technological base has not been achieved 
by LDCs, the financial needs and administrative constraints have even worsened with the current 
pandemic. E ven the past efforts that have been achieved by LDCs have been rolled back.  
Therefore,  we support the idea of giving the extension until graduation for LDCs, so that the 
envisioned objective can be met. We should not waste much of our time in continuing  our discussion 
of this matter. The Council can make a decision to accept the draft decision or rather, if there is a 
need to undergo negotiations, we urge the Council to start the negotiation, so that we can close this 
matter as soon as possible.  IP/C/M/98/Add.1  
 
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Turkey  
We once again welcome the LDC Group's request for an extension of the transition period 
under Article 66.1.  
We know that development is a lengthy and multi -faceted process. In this regard, economic, 
financial and institution al challenges faced by LDCs with regard to compliance with the TRIPS 
Agreement deserve special attention. Extending the transition period will facilitate LDCs' need to 
have policy space and flexibility to address their development challenges and to create a viable 
technological base. And now with the impact of COVID -19, assisting LDCs is more important than 
ever. Thus, Turkey fully understands LDCs' need for flexibility.  
In light of this approach, Turkey is a significant donor country to LDCs and implements  several 
programmes to contribute to their development in the framework of the Istanbul Programme of 
Action of 2011. Turkey has hosted the UN Technology Bank for LDCs since 2018, which aims to help 
them with necessary capacity building in intellectual prop erty rights, creating innovation, conducting 
the transfer of technology, and so on.  
We believe that having constructive discussions among Members on this request is crucial and 
we hope that consensus could be reached soon.  
China   
China would like to express our support for the LDCs' proposal. We support extending the 
transition period under Article 66.1 of the TRIPS Agreement for LDC Members, as long as the Member 
remains in the category of "lea st developed country" and for a period of 12 years from the date of 
entry into force of a decision by the UN General Assembly to exclude the Member from the least 
developed country category.  
The COVID -19 pandemic has posed serious challenges to LDCs. As th ey are facing greater 
challenges in implementing the TRIPS Agreement, China hopes that Members can take positive 
consideration of the LDCs' proposal.  
India  
We thank the LDC Group for their statement. India has consistently supported the LDC Group's 
request for extension of the transition period under Article 66.1 of the TRIPS Agreement. It is evident 
that the LDCs need more time to address the extensive devel opment and technological challenges 
they face, especially since the COVID -19 pandemic has disproportionately impacted their economies. 
We, therefore, support the extension of the transition period under Article 66.1 of the 
TRIPS  Agreement for LDC Members a s long as the Member remains in the category of least 
developed country. We also support granting a reasonable period of time as a transition period for 
ensuring a smooth transition for graduating LDCs. We request Members to consider this proposal 
favourab ly and work towards an expeditious outcome in this regard.  
Australia  
Australia recognizes the challenges LDCs continue to face in reaching their development goals, 
exacerbated by COVID -19. Australia calls on WTO Membe rs to support an outcome that responds to 
the unique position of LDC Members, while recognizing the role that intellectual property can play 
as a tool for supporting innovation, investment and development. Any outcome should also be legally 
consistent with  Article 66.1 of the TRIPS Agreement.  
Australia notes that even once Members are bound by all articles of the TRIPS Agreement, 
there are important flexibilities and exceptions enshrined in the Agreement and clarified by the 2001 
Doha Declaration on the TR IPS Agreement and Public Health. Among other things, these flexibilities 
and exceptions protect Members' rights to take measures to protect public health. To this end, we 
encourage Members to cooperate in finding a mutually agreed period for LDCs to remain  exempt 
from their TRIPS obligations.  IP/C/M/98/Add.1  
 
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Switzerland  
My delegation thanks the delegate of Chad for his statement on behalf of the LDC Group.  
My delegation recalls its statement delivered at the October TRIPS Council meeting, in which 
Switzerland recognizes the challenges faced by LDCs in implementing international obligations such 
as the ones under the TRIPS Agreement. We commend those LDCs which have nevertheless 
undertaken efforts and made progress towards implement ing the TRIPS Agreement.  
This progress will help them to create a sound enabling environment for a more sustainable 
development through a rules -based and transparent regulatory framework for the protection and 
enforcement of all IPRs. It will facilitate th e promotion of inventive activity at the national level and 
strengthen competitiveness at the international level and foster technology transfer and foreign 
investment.  
Switzerland is aware of the resource constraints that LDCs still face today and that t hey need 
flexibility when defining their priorities on how to spend their limited resources. Therefore, 
Switzerland is supportive of a further extension of the general TRIPS transitional period for LDCs.  
Further examination is needed to get a full understa nding of how the proposal in 
document  IP/C/W/668 complies with Article 66.1 of the TRIPS Agreement, as we need to also 
implement this extension in a manner consistent with WTO law. The Swiss delegation is available  
to discuss this with the LDC Group in or der to find a mutually agreeable solution, including in 
consultations by your successor, Chair, to facilitate this solution.  
United States of America  
The United States thanks the delegation of Chad on b ehalf of the LDC Group for its submission 
in October on the Extension of the Transition Period under TRIPS Article 66.1 for least developed 
country Members. Our delegation is currently studying the proposal and looks forward to further 
engagement on this i ssue. 
Egypt   
Egypt fully supports the duly motivated request by the LDC Group to extend the transition 
period under Article 66.1 of the TRIPS Agreement. We believe that the adoption of a positive decision 
on this issue is  essential to enabling LDCs to face the unprecedented challenges posed by the 
pandemic.  
European Union  
The European Union recognizes the economic, financial and administrative constraints that 
least developed cou ntries have to contend with on their path to development. We are also fully 
aware of the fact that the COVID -19 pandemic has further exacerbated these difficulties and that 
resources must be put into what is the common priority around the globe, i.e. deali ng with a health 
crisis of an unprecedented scale.  
The EU believes that a certain level of IPR protection and enforcement is necessary also in 
LDCs, because IPRs are a catalyst and an important tool for sustainable development. IPR protection 
and enforcem ent constitute an incentive for technology holders to promote the diffusion of 
knowledge and attract inward investment to LDCs. A certain level of protection and enforcement of 
IPRs in LDCs also serves as an incentive for EU companies to bring their new te chnologies to LDCs.  
Therefore, it is necessary to create avenues for LDCs to implement the TRIPS Agreement. The 
objective should be to gradually integrate LDCs, as Members of the multilateral trading system, in 
the international IP system, on the basis of the minimum requirements provided in the 
TRIPS  Agreement.  
Given the current situation, we recognize that LDCs will need more time to implement the 
provisions of the TRIPS Agreement. The EU supports the extension of the transitional period under 
Article 66. 1 of the TRIPS Agreement. We stand ready to consider the appropriate length of such an IP/C/M/98/Add.1  
 
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  extension and to work on the appropriate decision of the TRIPS  Council to put such extension into 
effect.  
As regards the second part of the request, which is the 12 -year exemption for countries that 
graduate from LDC status, we note that it appears to be also a part of the request that is being 
discussed in the General Council in the context of the communication on smooth transition in favour 
of countries graduating from the LDC category submitted by Chad on behalf of the LDC Group. It 
seems to us that given the broader scope of this part of the request, it may indeed fit better in the 
context of the discussion in the General Council. The European Union stands ready to eng age further 
with the LDC Group on these communications.  
Chinese Taipei  
We fully understand that LDCs continue to face many difficulties in reaching their development 
goals, especially the COVID -19 pandemic ha s serious implications for the global economy and 
especially for LDCs.  
Therefore, we support extend ing the transition period under Article 66.1 , and the transition 
period should remain as long as a country remains a least developed country. Howe ver, regarding 
the LDCs after graduation to be exempted for 12 years from applying the provisions of the 
TRIPS  Agreement, we are willing to engage in further discussion.  
Tunisia   
We would like to thank Chad and Banglade sh for their presentation and for the arguments put 
forward. My delegation endorses the African Group's statement and also supports the LDC request 
to authorize the LDCs a reasonable period after they graduate to continue to benefit from the specific 
suppo rt measures for LDCs and special and differential treatment provisions in  WTO agreements. 
It seems to us that it is crucial to a smooth transition for LDCs, particularly given the current socio -
economic circumstances, that recently graduated countries hav e a reasonable transition period. We 
also think these measures could help LDCs to cope with the difficulties they are facing. They could 
also constitute a concrete contribution by the multilateral trading system in support of the 
implementation of the obje ctives of the Istanbul Programme of Action.  
Japan  
This delegation would like to thank the LDCs for its proposal in document IP/C/W/668. The 
delegation of Japan supports the proposal to extend the transition period for lea st developed 
countries. We are open to discussing the conditions of the extension. It is hoped that the following 
points will be appropriately taken into account for the discussion.  
Firstly, it should be recognized that IP rights are an important instrumen t to support economic 
development. The protection of IP rights makes it possible to secure higher investment in research 
and development, which itself leads to promoting innovation, and encourages foreign direct 
investment and technology transfer. The IP s ystem, therefore, is conducive to promoting economic 
development.  
Secondly, the incentives to take measures for implementing the TRIPS Agreement should be 
considered. As to the extension for a certain period from graduation from LDC category, the 
extension of the support measures available to LDCs is being discussed comprehensively, including 
measures in other WTO agreements, in the General Council. Therefore, this issue should be 
discussed first in the General Council, and the discussion at the TR IPS Council should be based on 
the discussion in the General Council.  
Indonesia  
We appreciate the further information provided by LDC Members for the extension of the 
transition period under Article 66.1. for as long as the Member remains in the category of least 
developed country and for a period of 12 years from the date of entry into force of a decision by the 
UN General Assembly to exclude the Member from the least developed country category. We would 
like to reite rate our support for the request.  IP/C/M/98/Add.1  
 
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Further, we believe that the COVID -19 pandemic and its socio -economic impact has 
disproportionately affected LDC Members, making it harder for them to achieve their development 
needs. We are of the view that providing pol icy space, including through this extension period, is 
necessary to assist the LDCs with their national development priorities and ensure that they will not 
be left behind in the achievement of the Sustainable Development Goals. We further hope that this 
request could be agreed to by Members as soon as possible.  
Holy See  
Since it is the first time that my delegation takes the floor, let me start by thanking you for 
your tireless efforts in chairing this Council on a for mal and informal level during these last months.  
The least developed countries represent the poorest and weakest segment of the international 
community, characterized by constraints and many difficulties in reaching their development goals. 
This group of countries, which represents 13% of the world's population, is combating poverty daily 
by striving for greater economic growth, achieving structural transformation and building productive 
capacity. As is well -known, the COVID -19 pandemic has further exacerb ated the challenges that the 
LDCs continue to face, and this could lead to a very bleak outlook for the economic growth of 
countries across the globe, and in particular for the LDCs.  
In this scenario, it seems foreseeable that many of the Sustainable Deve lopment Goals might 
not be reached, notably Goal 1, as well as those Goals related to health and education. In fact, many 
populations are adopting coping strategies that place these Goals at further risk, such as reducing 
their intake of healthy and nutrit ious food or taking children out of school. The lockdown and slump 
in global demand has particularly impacted LDCs that are dependent on exports of finished products.  
 It is evident that the COVID -19 pandemic will have far -reaching implications for the glo bal 
economy and especially for LDCs, including those on the path to graduation from this category.  
Even before 2020, LDCs continued to be characterized by multiple structural constraints that 
include low per capita income, low levels of human development and extreme vulnerabilities to 
external shocks. As underlined in the Istanbul Programme of Action, LDCs are among the most 
"off-track" in the achievement of the internationally agreed development goals. Their productive 
capacity is limited , and they have s evere infrastructure deficits.19  
The flexibility ensured by TRIPS Article 66.1 was accepted in recognition of the economic, 
financial and administrative constraints that are preventing LDCs from immediate observance of all 
the obligations set out in the T RIPS Agreement. This was an acknowledgement that LDCs have 
special needs and requirements, including the need for flexibility to create a viable technological 
base.  
The extension of the transition period under Article 66.1 to July 1st, 2033, is in line wi th the 
overarching goal of the Istanbul Programme of Action (IPoA). The latter plans "to overcome the 
structural challenges faced by least developed countries in order to eradicate poverty, achieve 
internationally agreed development goals and enable gradua tion from the least developed country 
category ".20 This goal is expected to be achieved through national policy actions and international 
support. Graduation from the category of least developed countries has always been among the 
ultimate objectives of the previous four decennial Programmes of Action for  LDCs. However, the 
IPoA was the first to include a clearly articulated, time -bound and concrete objective of enabling 
LDCs to meet the criteria for graduation.21  
The gravity of the present situation, made all the more evident by the COVID pandemic, 
deman ds that a responsible stand be taken by the whole international community. We simply cannot 
remain silent in the face of so much suffering and adversity. Today, more than ever, the international 
community must join forces to seek a future that is sustainab le, inclusive and just for all. We are 
called through our decisions to implement our common commitment to the good of the human 
 
19 Istanbul Plan of Action (par.4) doc. A/CONF.219/3. http://ldc4istanbul.org/uploads/IPoA.pdf  
20 Istanbul Plan of Action (par.27) doc. A/CONF.219/3. http://ldc4istanbul.org/uploads/IPoA.pdf  
21 Graduation from the list of LDCs is based o n a systematic review and assessment of the socio -economic 
progress of least developed countries based on three criteria: per capita income and two composite indices 
(Human Asset Index and Economic Vulnerability Index).  IP/C/M/98/Add.1  
 
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  family. We are called to think and act in solidarity, which "also means combatting the structural 
causes of poverty [and] inequa lity".22 This is what we are called to do, and it is within our reach: to 
help the poorest and most vulnerable people of our world, by agreeing that "[a] least developed 
country shall not be required to apply the provisions of the [TRIPs] Agreement, […] as  long as the 
Member remains in the category of least developed country and for a period of 12 years from the 
date of entry into force of a decision by the UN General Assembly to exclude the Member from the 
least developed country category".23 
Nepal  
My delegation would like to associate with the statement delivered by Chad and Bangladesh 
on behalf of the LDC Group and wishes to add some points.  
The WTO is for inclusive trade with the broad objective e of raising living stan dards, reaching 
full employment, high real income and effective demand, and expanding the production of, and trade 
in, goods and services.  
While considering the volume of international trade and size of global GDP, the LDCs may not 
be visible on the map. However, while measuring the size of the world's population and, more 
importantly, the number of poor people to feed, LDCs are the main areas seen clearly on the map.  
About 0.96% share of the world's merchandise exports and about 0.71% of the world's 
comm ercial services exports are covered by the LDCs, which is disappointing since they represent 
about 13% of the world population and have a special responsibility for 31% of the world poor, 
which is considerable. The LDCs continue to face numerous difficulti es in reaching their development 
goals, as well as in the effective implementation of global commitments.  
The high degree of vulnerability from which the LDCs suffer, both to economic and climate 
shocks, has caused significant setbacks to their progress t owards the achievement of the Sustainable 
Development Goals.  
The COVID -19 pandemic has further exacerbated challenges for the LDCs in their 
socio-economic transformation. It is evident that the pandemic will have far -reaching implications 
for the global e conomy and especially for LDCs, including those on the path to graduation. Exports 
of LDCs are expected to be severely affected; primary commodities prices are in decline; supply 
chains are disrupted; and the tourism industry is largely at a standstill.  
In this context, without meaningful support and bold policy actions from the international 
community, achieving LDC graduation and the SDGs in a timely manner will likely be out of reach. 
The LDCs are not able to adopt the latest technology to revive their p roductivity growth, especially 
in the present era of the digital economy. The huge digital gap has become an obstacle to reaping 
benefits from e -commerce and the digital economy. LDCs lag significantly far behind in science, 
technology and innovation.  
In this context, implementing TRIPS provisions will be much beyond our capacity. Therefore, 
we need a continuing exemption from the TRIPS Agreement in order to be able to grow economically 
viable industrial and technological sectors; consolidate capacity; and  work out ways to connect and 
gain from the technological value chain. Sufficient policy space is necessary to overcome the 
difficulties faced by the LDCs in this pandemic situation.  
In this context, the LDC Group has submitted a duly motivated request entitled "Extension of 
the Transition Period under TRIPS Article 66.1 for least developed country Members". My delegation 
extends its sincere appreciation to all Members for their overwh elming support for our proposal in 
all the meetings of this Council while discussing this agenda item.  
No LDC intends to remain in its current status forever. Therefore, motivating all LDCs towards 
graduation by providing maximum flexibilities and support  is urgently needed. Graduation is just a 
 
22 Pope Francis, Encyclical Letter Fratelli Tutti , p.116  
23 Cfr. Document IP/C/W/668, p.5  IP/C/M/98/Add.1  
 
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  threshold with some artificially designed indicators while several other aspects of socio -economic 
development remain untouched.  
Graduation presents additional challenges in trade and development. Graduated countr ies 
have a great risk of falling back into the LDC category if their progress is not sustained. Therefore, 
LDC-specific flexibilities must continue to apply after graduation and  be phased out progressively. 
The globally accepted principle of "smooth transition" needs to be acknowledged. The continuation 
of support measures such as a longer transition period is essential not only to sustain graduation 
but also to motivate LDCs tow ards graduation. Furthermore, this extension would not restrict any 
LDC from undertaking to implement the provisions of the TRIPS Agreement early, in view of their 
unique context.  
Additionally, increased technology transfer under Article 66.2 and other su pport measures as 
reflected in Article 67 of the Agreement would be highly supportive to enable LDCs to effectively 
implement the TRIPS Agreement. My delegation would like to call upon all Members to extend your 
valuable support and accord extensions as pe r our submission.  
Bangladesh  
The LDC Group sincerely appreciates all the delegations who have spoken today in support of 
the submission. Our group also welcomes those delegations who expressed their willingness to 
engage further on this important issue. The LDC Group met some developed country delegations 
earlier and responded to some of their queries. The Group is further ready to engage with them at 
their earliest convenience.  
We repeat that the LDCs comprise aroun d only 12% of the world population but account for 
less than 2% of the world GDP and around 1% of world trade. This statistic is quite important for 
us. Therefore, we emphasize that extending this transition period to the LDCs as proposed will not 
impact t he global community but  would greatly benefit the LDCs by putting them on a sustainable 
development path. No one can deny this objective.  
We are grateful that Members largely accept the necessity of flexibilities for the LDCs. Such 
flexibilities should be  continued for a longer time to adjust the economies of the LDCs, particularly 
after the outbreak of the pandemic. The LDCs are committed to following the rules of the WTO, 
including the provisions of the TRIPS Agreement, within their limited capacities. B ut they need 
flexibilities, which are also acknowledged in the text of Article 66.1 of TRIPS. The objective of such 
affirmative actions is to help integrate the LDCs into the multilateral trading system and create policy 
space for their sustainable develop ment. LDCs need unconditional support from the Members.  
 We sincerely request the Council to keep this item on the agenda of its next meeting. On this 
issue, we also request the TRIPS Council Chair's support to advance the discussions to a positive 
outcom e. 
Chad on behalf of the LDC Group  
On behalf of all the members of the LDC Group, I would like to very sincerely thank all the 
Members and observers who have spoken in support of the LDC proposal. I would like, in particul ar, 
to thank the United Kingdom, South Africa, Chile, Turkey, China, India, Australia, Switzerland, the 
African Group, the United States, Japan, Egypt, the European Union, Chinese Taipei, Tunisia, 
Indonesia and all the Members who have supported our reques t.  
We have seen great support for our proposal. The duty of solidarity towards the more 
vulnerable Members is important, and several Members have noted this. We have not observed red -
light opposition to the proposal. We have taken good note of the request  for clarification from 
Switzerland as to the compatibility with certain WTO rules. We are going to bilaterally address this 
issue with Switzerland to provide the necessary clarifications.  
We hope that the TRIPS Council will adopt the text of the decision  submitted for its approval 
as soon as possible and in any case before the expiry date. For the time being, we are ready to 
pursue the dialogue to approve together a consensus agreement. As was explained by our focal 
point Bangladesh, the extension request ed is not permanent. It is for a limited period of time. For IP/C/M/98/Add.1  
 
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  graduating LDCs, it is to permit them a smooth transition. We need these flexibilities and this margin 
of maneuver to help us as LDCs in our development efforts and, as our focal point said, to i mprove 
our participation in world trade.  
The LDC Group also welcomes the approach, flexibilities and understanding on the part of the 
United States as well as the European Union. We are ready to provide further clarification, in order 
to achieve a consensu al result. Thank you, Chair, for this fair and fruitful discussion. We hope that 
this discussion will shortly produce a very successful outcome so that the LDC Group proposal can 
be adopted by the TRIPS Council and the General Council.  
14  INTELLECTUAL PROPERT Y AND INNOVATION: MAKING MSMES COMPETITIVE IN 
GREEN TECH  
Switzerland  
Introduction  
In the name of the Group of Friends of IP and Innovation (FOII), Switzerland is pleased to 
briefly introduce document  IP/C/W/675 "Making MSMEs Competitive in Green Tech ", as 
co-sponsored by of Australia, Canada, Chile, the European Union, Japan, Singapore,  the Separate 
Customs  Territory of Taiwan, Penghu, Kinmen and Matsu, the United Kingdom and the United States.  
Climate change, biodiversity loss, environmental degradation and food security are some of 
the major global challenges'  humanity faces. They nee d to be addressed at national, regional and 
international levels.  
For MSMEs, it is key to protect and disseminate their innovations. A recent study by EPO and 
EUIPO suggest that SMEs that own IPRs have a 68% higher turnover per employee than non -IP 
owners.  Yet less than 9% of SMEs own intellectual property.24 Therefore, the goal of this Submission 
is to look into possible approaches on how to make MSMEs more competitive in the field of green 
tech through IPR use. The following questions may help to guide th e Council 's discussion:  
a. What are the Members ' experiences with international platforms such as WIPO GREEN?  
b. How can MSMEs develop a sound IP strategy in the green technology sector?  
c. What forms of IP -related measures taken by Members have proven useful for the support 
of green tech MSMEs in their financing/commercialization strategy and which ones have 
not?  
d. How can green tech MSMEs be made aware of the benefits of IP for their busines s 
activities?  
e. According to Members ' experiences, what are the main challenges for green tech MSMEs 
in sharing their technology with enterprises, including across all levels of economic 
development?  
f. What experience have Members gained in fast -tracking paten t applications in the green 
technology sector?  
g. According to Members ' experiences, which sectors in green tech need the most support 
and/or can benefit the most from IPRs?   
h. Are there other ways in which IP offices can enhance the attractiveness of the use of IP 
rights by MSMEs in the green technology sector?  
The co-sponsors hope for an interesting exchange of experiences among Members.  
With your permission, Chair, my delegation, I will continue right away by sharing our own 
experience in this field: Switzerland has adopted several regulations and tools such as the revised 
 
24 Intellectual property rights and firm performance in Europe: an economic analysis; 
https://euipo.europa.eu/tunnel -
web/secure/webdav/guest/document_library/observatory/documents/reports/IPContributionStu dy/IPR_firm_pe
rformance_in_EU/2021_IP_Rights_and_firm_performance_in_the_EU_en.pdf (last accessed: 03.03.21)  IP/C/M/98/Add.1  
 
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  Carbon Dioxide (CO 2)-Act, a national strategy and action plans in order to address environmental 
challenges. Sustainable technologies and innovations are key for addressing these global challenges. 
In Switzerland, MSMEs, play a particularly important role in this context.  They represent 99% of 
all Swiss companies.  
Suppor t at the international level  
At the WTO, Switzerland is an active Member of the Informal Working Group on MSMEs, which 
aims at promoting the integration of such companies in the global economy.   
The Swiss IPO (IPI) is also a partner of WIPO GREEN and a me mber of its core committee. As set 
out in more detail in submission 675, WIPO GREEN 's mission is to accelerate the development and 
dissemination of Environmentally Sound Technologies. Switzerland considers this an important and 
particularly useful initiati ve by WIPO, helping to address these global challenges.  
National level – general support for MSMEs in the green tech area  
At the national level, Switzerland has put into place several initiatives and program mes that 
facilitate and support the development a nd diffusion of green technologies. Among those are specific 
instruments and funds for supporting innovations in the field of environment and green energy. The 
Swiss Triple Impact program me (STI)25 helps Swiss companies to measure their contribution toward s 
achieving the Sustainable Development Goals and identify the main areas where they could still 
improve. The STI program me also offers companies business opportunities and promotes innovation.  
National level – specific IP support for MSMEs in the green te ch area  
MSMEs in green tech turn to the Swiss IP Office/ IPI for an inexpensive, assisted patent search. 
MSMEs receive information on the patentability of their research or business venture, an overview 
of the state of the art in the respective technology sector and advice on what to look out for after a 
patent has been granted.  
IPI also contributes to the annual Swiss Cleantech Report, which presents a selection of various 
sustainable Swiss innovations developed by Swiss MSMEs and research institutes, suc h as tools for 
sustainable agriculture or recycling technologies. The 2020 report notes that around 30 new 
cleantech start -ups are established in Switzerland annually, making up 10% of all new start -ups in 
Switzerland. IPRs play a crucial role for these st art-ups as well as for the cleantech sector in general. 
Around 16% of all Swiss active patent families are in the cleantech sector.  
An example – Bloom Biorenewables  
Let me finish with a case example from Switzerland of how international and national IP 
measures may help to leverage the development of a green tech MSME.  
At the Swiss Innovation Forum 2020, the winner in the category sustainable development was 
Bloom Biorenewables. A start -up company that has developed a solution addressing one specific 
globa l challenge in the green tech area. Its mission is to replace petroleum -based products with 
sustainable yet cost -effective alternatives. The company had developed a conversion technology 
that separates and transforms plant -based materials such as wood or a gricultural waste into 
chemical building blocks. These blocks can ultimately be used for textiles, fragrances or bioplastics 
for instance, and with regard to the latter, offer a way to reduce CO 2 emissions caused by increased 
plastic use worldwide.  
Bloom Biorenewables decided early on to make use of an Assisted Patent Search at IPI to gain 
insight into the relevant market and identify where exactly they want to direct their innovative 
activity to. Since then, the start -up has filed three patents (using the  PCT) and at the same time 
continued to use the IPI 's Assisted Patent Search to define its field of Freedom to Operate.  
At yesterday 's side event "Supporting MSMEs, LDCs and Green Technology ", organized here 
at the WTO by the IP & Innovation Friendsgroup,  the CEO of Bloom Biorenewables pointed out that 
he considers the strategic use of IP as central for a start -up company. The long -term business model 
of the company is to become a technology provider in the field of sustainable chemistry and generate 
 
25 https://www.are.admin.ch/are/en/home/sustainable -development/strategy -and-planning/sustainable -
development -strategy -2016-2019.html  (last accessed: 15.02.2021)  IP/C/M/98/Add.1  
 
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  most of its revenues from royalties of its IP portfolio. This exemplifies the importance of MSMEs to 
secure intellectual property protection for their innovation, also in view of attracting further 
investment to continue growing. Its IP portfolio enabled Bloom Biorenewables to reassure its 
investors that the company can defend itself against illegitimate free -riders.   
Bloom Biorenewables has also listed its technology in the WIPO GREEN database for potential 
matchmaking and a technology exchange with interested  partners.  
Conclusion  
In sum, IP plays an important role in supporting MSMEs in the green tech sector: at the 
national level, Governments can provide MSMEs with assistance, for ex. through services offered by 
their IP offices; at the international level, platforms such as WIPO GREEN provide visibility and 
opportunities for collaboration and partnership. All these efforts promote innovation in the green 
tech sector and with that more sustainability for the benefit of this planet.  
United States of America  
The United States is pleased to co -sponsor this agenda item and contribute to the discussion 
of IP and Innovation: Making MSMEs Competitive in Green Tech.  
I would like to thank Australia, Canada, Chile, The European Union, Japan, Singapore, 
Switzerland, Chinese Taipei, and the United Kingdom for co -sponsoring this item.  
I would also like to take the opportunity to thank those who took part in the March 9th side 
event, which focused on "Supporting MSMEs, LDCs and Green Technology " and was the latest event 
in the series of discussions around "Making MSMEs Competitive through IP and Innovation ", 
organized by the Friends of IP and Innovation.   
The event, which w ill shortly be available to view on YouTube, featured a distinguished and 
highly experienced group of panelists, including representative CEOs of green tech start -ups, and 
experts from international organizations and government who support MSMEs in their e fforts to 
commercialize their green tech innovations, and to build their businesses and use IP to their best 
advantage.   
Today, the delegation of the United States would like to share a very brief overview of some 
of the efforts and resources being put tow ard addressing the climate crisis by encouraging and 
enhancing the ability of scientists, inventors, entrepreneurs and creative thinkers to innovate in the 
green tech sector.  
The Biden -Harris Administration is accelerating investments in research and devel opment 
through the creation of a new Climate Innovation Working Group as part of the National Climate 
Task Force.  The working group will help coordinate and strengthen federal government -wide efforts 
to foster affordable, game -changing technologies that ca n help America achieve President Biden 's 
goal of net zero economy -wide emissions by 2050, and emphasize research to bolster and build 
domestic clean energy supply chains and strengthen American manufacturing.  
In general, the experience of the United States  with public -private collaborations in innovation 
arises in the context of an economy in which private firms operate without substantial government 
intervention.  In the United States, innovation and development are the result of competition in the 
marketpl ace, without heavy state direction.  One useful function of public -private collaborations is to 
help address the space that markets on their own cannot fill.  
As a first example of the widespread innovation effort, the U.S. Department of Energy 's 
Advanced Re search Projects Agency -Energy (ARPA -E) announced a competition for USD 100 million 
in funding to support transformational low -carbon energy technologies. The ARPA -E announcement 
invites experts from business, academia and National Laboratories across the c ountry to submit 
proposals for funding to support research into potentially disruptive technologies across the full 
spectrum of energy applications, specifically encouraging inter -disciplinary approaches and 
collaboration across sectors. This is the first of billions of dollars of Department of Energy R&D 
opportunities to be announced in 2021 . IP/C/M/98/Add.1  
 
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In addition to supporting technologies that are near commercialization, the Climate Innovation 
Working Group will also emphasize research to bolster and build critica l clean energy supply chains 
in the United States and strengthen American manufacturing. As it coordinates climate innovation 
across the federal government, it will focus on program mes at land -grant universities, Historically 
Black Colleges and Universitie s, and other minority -serving institutions.  
Entrepreneurs provide dynamic solutions to real -world energy challenges, while they often 
face challenges of their own to bring products to market. During the early phases of product 
development, entrepreneurs ar e faced with ensuing stages of protecting intellectual property, testing 
and validation, manufacturing at scale, and building the distribution networks essential to a sound 
business model.26 
The U.S. Patent & Trademark Office provides services and support for inventors in the green 
tech/clean tech space through a number of program mes, including accelerated examination as well 
as the Patents for Humanity Awards competition.   
a. In 2009, USPTO init iated a Pilot Program me for Green Technologies Including Greenhouse 
Gas Reduction .27 
b. Under that program me, patent applicants could have an application advanced out of turn 
(accorded special status) for examination, if the application was directed to green 
technologies, including environmental quality, energy conservation, development of 
renewable energy resources or greenhouse gas emission reduction.28 
c. The "Green Technology Pilot " program me resulted in 5,550 total petitions for the 
program me and 1,062 issue d US Patents having "green " technology.29 
d. The "Green Technology " pilot program me ended in 2012 and was subsequently folded into 
the broader Prioritized Examination (Track I) or the Accelerated Examination (MPEP 
708.02) program mes.30 
e. The Track I and Acceler ated Examination program mes offer advancement of examination 
and set a target of reaching final disposition within 12 months from the time advancement 
is initiated.  
Another program me offered by the USPTO that helps incentivize and drive innovation in the 
household energy and sanitation sector is the USPTO 's Patents for Humanity awards competition 
recognizing innovators who use game -changing technology to meet global humanitarian challenges.  
Patents for Humanity provides business incentives for reaching thos e in need: winners receive 
an acceleration certificate to expedite select proceedings at the USPTO, as well as public recognition 
of their work. The awards showcase how patent holders with vision are pioneering innovative ways 
to provide affordable, scalab le, and sustainable solutions that contribute to the global good, while 
maintaining commercial markets.  
Over the past several years, Patents for Humanity award recipients have included, among 
others, unique and novel Green tech inventions. For example, Dr. Daniel Yeh and his team at the 
University of South Florida received an award in the 2020 competition for their Newgenerator 
machine, which recovers nutrient fertilizer, renewable energy, and clean water from human wastes, 
without relying on sewers. The  conventional means of providing sanitation service in the U.S. is 
through an extensive sewer network coupled with a centralized wastewater treatment plant. While 
the approach has been largely successful in protecting human and ecological health, it comes at a 
great cost of capital, energy, clean water, and infrastructure maintenance. Today, about 40% of the 
world 's population continues to lack adequate sanitation due to constraints in infrastructure, land, 
resources, and finance.  
 
26 https://www.energy.gov/eere/articles/accelerating -innovation -through -american -made -challenges  
27 74 FR 64666.  
28 Id.  
29 See Green Petition Report Summary  [PDF] [updated May 7, 2012; Report date: April 26, 2012], 
at https://www.uspto.gov/patents/initiatives/green -technology -pilot-program -closed#heading -5 
30 See https://www.uspto.gov/patents/initiatives/green -technology -pilot-program -closed#heading -5 IP/C/M/98/Add.1  
 
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Tragically, every few sec onds a child dies from a water -borne disease such as dysentery or 
cholera. The NEWgenerator addresses these important problems. Housed in a mini -container, the 
NEWgenerator is a compact, modular, decentralized approach to treating wastewater on a 
neighbour hood scale which operates entirely off the grid on solar energy. Utilizing state -of-the-art 
membrane bioreactor technology, the NEWgenerator can simultaneously recover nutrients (such as 
Nitrogen, Phosphorus and Potassium (NPK)), energy, and water from was tewater. These resources 
are then used for urban agriculture (in a hydroponic system), thereby closing the loop to meet 
another dire urban need in local food production. The inventors aim to utilize NEWgenerator on 
islands and coastal communities to form w ater/sanitation micro -grids powered by renewable energy 
which are more resilient to storms and disasters, as well as in refugee camps. To enable broad 
access to those in need, the technology has been licensed to commercial partners worldwide, 
including Ind ia and South Africa, where it has already been successfully demonstrated.  
In another example, in 2018, start -up social enterprise, Sanivation, received a Patents for 
Humanity award for its innovative waste processing technology that processes human waste w ith 
solar thermal energy to create charcoal -like briquettes for cooking and heating needs. In some 
regions, up to 90% of human waste is disposed of untreated. Diseases spread by human waste are 
the second leading cause of death for children under five. San ivation saw the potential to solve not 
just this waste disposal problem, but to turn human waste into a fuel product that benefits 
communities. They have setup three plants in Kenya which provide 2500 people a month with 
sanitation and energy services that  are more cost -effective than alternatives. Their briquettes burn 
longer than charcoal and produce one -third the carbon monoxide and particulate emissions, saving 
88 trees per ton sold. Sanivation 's work has been supported by the US Centers for Disease Con trol, 
the UN Refugee Agency, the Gates Foundation, and the Kenyan Gover nment. Sanivation is building 
additional plants with the goal of serving 1 million people by 2022.  
The U.S. Department of Energy for decades has supported innovation in the energy secto r, 
including through policy -making, grants, partnership facilitation, and educational workshops.  I will 
touch on only a few today as examples of the types of program mes the DOE has in place to help 
drive the innovation needed to transition the world to a c lean energy future.  
DOE's offices and 17 National Laboratories are working every single day to research, develop, 
and deploy the clean energy technologies of the future, including battery storage, renewable power, 
electric vehicles, carbon capture, and resilient grid infrastructu re.  
DOE national labs play an important role in developing the innovation ecosystems in their 
respective regions. DOE created "Lab-Embedded Entrepreneurship Program mes" to provide an 
institutional home for innovative postdoctoral researchers to build thei r research into products and 
train to be entrepreneurs. In addition to technological access and support, the program me trains 
innovators to develop entrepreneurial acumen and skills, while introducing them to the ecosystem 
partners needed to facilitate com mercial and investment opportunities.  
Programmes managed by the Office of Technology Transitions, like the Technology 
Commercialization Fund and Energy I -Corps, promote engagement with the private sector and the 
entrepreneurial mindset necessary to spur th e transition of lab -powered innovations toward to the 
marketplace.  
DOE's Lab Partnering Service [lab partnering DOT org] provides a comprehensive partnership 
tool for external entities looking to connect with lab experts and facilities, as well as thousand s of 
pieces of lab IP for licensing.  
This dual focus on early -stage R&D and entrepreneurial development provides innovators with 
the platform they need to take their ideas from the lab and onto the commercialization pathway  
DOE provides loans to facilitat e clean energy technology and manufacturing, and its 
regulations help foster advanced building technologies, energy efficient appliances, and more. These 
help accelerate innovation, move solutions toward the marketplace, and ultimately create new jobs.  
DOE funded research and development is subject to Bayh -Dole where, to incentivize 
commercialization, the inventive entity has the opportunity to take title to the invention while the 
U.S. Gover nment retains a government purpose license.  IP/C/M/98/Add.1  
 
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Another interesting ex ample is the American -Made Challenges award program me, designed 
by DOE 's Office of Energy Efficiency and Renewable Energy to incentivize innovators nationwide, 
encouraging them to push forward with ideas that address important energy and resource issues. 
Here in this example, inventors retain full IP ownership and the challenge winners are awarded cash 
prizes to tackle barriers and manufacturing at scale issues.  The challenge winners are also offered 
a connection to the American -Made Network, which allows energy entrepreneurs to tap into 
interdisciplinary resources for problem -solving support to develop and commercialize their ideas and 
products.  
A recent winner of one of the American -Made Challenges in the "solar" area was the Solar 
Inventions Team, whose aim was to Produce a more stable and reliable solar module.  
The team created a new design that effectively divides a PV cell into multiple sections without 
physically breaking it, preventing hot spots and improving efficiency and safety. Solar Inventions 
developed, built, and tested the configurable current cell (C3) prototype with university partners, 
including Georgia Institute of Technology and the University  of North Carolina Charlotte, private 
facilities, and National Laboratory facilities and expertise.  Solar Inventions has launched its C3 
panels, acquired customers, and is working to secure a licensing deal as it awaits patent approval.  
Conclusion  
The type s of policies and practices just noted will continue to be important to underpin and 
encourage companies, inventors, and researchers to innovate and address the climate crisis.  
The United States continues to learn from our experiences encouraging and faci litating 
innovation in the green tech sector, where, as I noted earlier, this administration is placing great 
focus and investment so that we can prepare to address current and future environmental 
challenges, such as the need for renewable energy, reducin g air pollution, or improving recycling 
processes. Thank you, and we look forward to hearing from other Members on this topic.  
Australia  
Australia commends Switzerland for their support in preparing document IP/C/W/675 and is 
pleased to be able to co -sponsor it. We also commend the United States and other FOII members 
for hosting the 9 March  2021 side event on Supporting MSMEs, LDC/LMICs and Green Technology 
in supporting the transfer of technologies, know -how and experience between all WTO Member s, we 
are pleased that the session was able to offer practical insights from WIPO, government 
organisa tions and the private sector.  
In fighting against the global challenges of climate change, biodiversity loss, environmental 
degradation and food insecurity, Australia recogni zes the critical role of green technologies and we 
also recogni ze the leading rol e that MSMEs (or in Australia - Small and Medium Sized Enterprises) 
play in developing, adapting and sharing green technologies.  
Australia recogni zes that MSMEs have been particularly impacted by the global pandemic, 
domestically and globally, and initiat ives designed to target and support MSMEs in the current 
climate are particularly important MSMEs have worked hard to continue and in many cases transform 
their operations, whether through online deliveries, virtual events or the adoption of new digital 
platforms this readiness to innovate continues to be a key factor in Australia 's response to the 
immediate challenges resulting from the COVID -19 crisis and will be central to helping all businesses 
and the global economy bounce back.  
Australia is committed to supporting the green technology industry. The Clean Energy 
Innovation Fund is the largest dedicated cleantech investor in Australia, created to invest 
USD 200 million in early -stage clean technology companies. The Innovation Fund targets 
technologies an d businesses, including SMEs, that have passed beyond the research and 
development stage and which can benefit from early stage seed or growth capital to help them 
progress to the next stage of their development.  
It draws on CEFC finance and expertise to p rovide primarily equity finance to innovative 
businesses which work in the areas of renewable energy, energy efficiency and low emissions IP/C/M/98/Add.1  
 
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  technologies. I want to take this chance to highlight a few of the businesses that the Fund has 
supported:  
First, Ten acious Ventures. This is Australia 's first dedicated agrifood tech venture capital firm. 
It supports early stage companies that are developing technologies to lower emissions and increase 
energy efficiency in the agriculture sector.  
Second, the Spoil Carbo n Company. Retaining organic carbon in soil is vital for extensive 
agricultural systems, and SCC is developing a microbial treatment for seeds with the potential to 
improve the drought resilience of farming land, lift productivity, cut fertilizer use and r emove carbon 
from the atmosphere.  
Australia also offers a range of initiatives and program mes to help SMEs, including those in 
the green tech sector, protect their inventions and navigate the IP space by successfully obtaining 
protection for their IP.  
For example, The Entrepreneurs ' Programme for Accelerating Commercialisation Grants 
provides financial assistance to help small and medium businesses, entrepreneurs and researchers 
commercialise novel products, processes and services. The grant amount is up t o 50% of eligible 
project costs up to the maximum grant limit, with progress payments made in advance eligible 
activities must be directly related to commercialisation of a novel offering and can include 
professional costs to develop an intellectual proper ty (IP) strategy; reasonable costs to protect IP, 
such as IP insurance; and other costs to obtain and maintain a patent.  
Finally, IP Australia, our specialised Government IP agency also offers a range of tools for 
SMEs in the green tech space, including f act sheets on IP commercialisation and exporting, a portal 
to allow the fast track of patent examinations, and a number of webinars and educational materials 
and the Government also continues to progress our Patent Accessibility Review, which  is an 
indepen dent review of the accessibility of the Australian patent system for small and medium sized 
enterprises. The review highlights opportunities for the Australian Government to support SMEs to 
participate in and engage with the IP Rights system.  
We look forw ard to further exchanges with Member s on how to use IP -related tools to support 
MSMEs in the green tech industry.  
Singapore  
Singapore is pleased to co -sponsor this agenda item, and would like to thank Switzerland for 
submitting this discussion paper on "Making MSMEs Competitive in Green Technology " and the 
co-sponsors as well. Singapore would also like to appreciate the US ' key coordinating role in the IP 
and Innovation side -event on 9 March  2021.  
Singapore would like to share our experience on IP, MSMEs and Renewable Energy (RE). From 
launching the world 's largest floating photovoltaic (PV) test bed to building the first indus trial 
micro -grid test system in South East Asia, Singapore is demonstrating that it can be a 'Living Lab ' 
for RE innovators to test ideas. Beyond testing, innovators can leverage Singapore 's world -class 
legal framework, robust IP regime, conducive business  environment, and extensive global networks 
to commercialize their innovative RE ideas, transforming them into viable technologies for global 
markets. Allow me to share three key points underpinning Singapore 's efforts.  
First, the Singapore Gover nment has invested and continues to invest heavily to drive PV 
research. For instance, the National Research, Innovation and Enterprise 2020 plan has specifically 
set aside US D 660 million for R&D and deployment initiatives related to urban solutions and 
sustainabil ity. The funding will strengthen Singapore 's innovation and research capacities in the 
areas of solar technologies, smart grids, and energy storage systems. Strong governmental 
commitment has been instrumental in fostering the growth of numerous research b odies undertaking 
complementary PV research. For example, the Solar Energy Research Institute of Singapore 
(SERIS), set up in 2008, was one of the first research bodies to cement the country 's position as a 
solar energy hub in Asia. Singapore has also been reaching out to researchers and companies from 
all over the world to experiment, to act as a test bed, and to scale up their RE solutions through 
Singapore. REC Solar, a subsidiary of the No rway-based REC Group —a leading global provider of IP/C/M/98/Add.1  
 
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  solar energy solutions —will inject close to US D 150 million into their production plant in Singapore, 
which is regarded as one of the world 's largest fully integrated solar manufacturing facilities. The 
REC Group will also invest another US D 37 million in a research partnership with SERIS, which will 
accelerate the commercialization of innovative solar technologies in Singapore.  
Second, Singapore has also nimbly turned rapid digitalization and disruptive tec hnologies to 
its advantage. Through a highly coordinated policy directive, we are now an accessible launch pad 
for energy market players to create innovative solutions. In addressing the needs of the energy 
market, our Energy Market Authority launched a re gulatory sandbox in October 2017 to enable the 
energy sector to test new products and services, in a creative manner, outside of Singapore 's 
regulatory systems. The sandbox complements ongoing R&D initiatives, whereby market players 
can tap into new techno logies or apply existing technologies in novel ways to create value for 
electricity and gas consumers, or to improve business and operational procedures. This bold move 
is essential for growing new, potentially disruptive technologies that do not fit withi n the existing 
regulatory environment and infrastructure.  
Third, Singapore 's IP Office (IPOS) has evolved from its traditional role as a registry and 
regulator to become a builder of Singapore 's innovation ecosystem by working with other public 
agencies an d enterprises to use IP as an enabler to transform ideas to assets to the market. At the 
policy level, IPOS is working closely with public agencies to develop the National IP Protocol, which 
lays down key principles and guidelines on how agencies should ma nage government IP. IPOS is 
also involved in helping realize the value of Singapore 's IP assets. Through its subsidiary IP ValueLab 
(IPVL), IPOS is lending its deep technical IP knowledge to the rest of the government agencies in 
the areas of identifying, developing, and managing their portfolio of intangible assets that result 
from their innovation activities. IPVL has also intensified its engagements with Singapore -based 
enterprises to assist them in identifying and growing their intangible assets so that  they can scale 
up and grow internationally. To equip local businesses with IP know -how and management expertise, 
IPOS has partnered with the Singapore Business Federation to help some 25,000 of its members 
access its suite of IP services. These include IP  training and education as well as advisory services 
in IP management and strategy.  
We look forward to hearing from other Members on their national experiences.   
United Kingdom  
The United Kingdom would like to thank Switzerland for preparing this paper on 'Making MSMEs 
Competitive in Green Tech '. We are pleased to co -sponsor it and to have the opportunity to respond 
to some of the issues it raises.  
Micro, Small and Medium -sized Enterprises (MSMEs) play a pivotal role in the UK efforts 
towards more sustainability. They constitute the core engines of innovation and growth and provide 
for 70% of employment.  
The United Kingdom is not alone in this; across the globe, MSMES represe nt 95% of businesses 
and, as is clear from this paper, their significance to the economy is increasingly recogni zed. In 
times of uncertainty, it is even more important that we look at ways to bolster the capacity of MSMEs 
to support green economic recovery.  
The UK considers that an intellectual property framework which enables these highly skilled 
enterprises to pro tect their creativity and innovation is crucial to maintaining their competitive edge 
and to supporting and nurturing their continued growth.  
Therefore, the UK Gover nment is committed to working to increase MSMEs ' understanding of 
the instrumental role ef fective IP management can play in development of their businesses. We want 
them to recogni ze and understand all their assets and to be able to access the relevant IP 
information, guidance and support at the appropriate time in order to maximise their value  and 
potentially make tangible difference.  
To that end the UK Intellectual Property Office has in the last six months supported 26 
high-growth businesses in the Green Tech space by funding comprehensive Audits with IP 
Professionals.  The audits have provide d these businesses with in -depth analysis of their IP, including IP/C/M/98/Add.1  
 
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  opportunities for increasing revenue as well as any potential risks, together with recommendations 
for maximising the value of the IP.  
In 2009, the UK Intellectual Property Office introduced the "Green Channel ", to fast -track 
patent applications covering green technology, making it possible to grant such a patent in under a 
year. Since its inception the Green Channel has received over 3000 requests.  
Intellectual property rights are about encou raging innovation and creativity to enable all to 
benefit. Innovative green solutions will be pivotal to address challenges like climate change, and IP 
rights will play a major role. For example, they can secure investments in research and development, 
and enable the technology to be effectively commercialised, ensuring it can have real world impact. 
It is crucial to recogni ze the influence and possibilities that "Green IP " can bring to bear on building 
back better, building a sustainable future.  
Integral to adopting a change towards a more sustainable lifestyle based on green 
technologies, as part of the development of new global environmental policies, will be balanced and 
effective protections of IP rights.  
To develop clean technology solutions, organisa tions must explore how they can use IP assets 
and associated rights more collaboratively. Promoting green growth of MSMEs is important in 
achieving inclusive and sustainable growth. The UK, again, thanks Switzerland for presenting this 
paper as an excellen t catalyst for discussion.  
Japan  
Thank you Chair and colleagues for giving us the opportunity to share our experiences and 
national policies information regarding this agenda item. First of all, the delegation of Japan would 
like to thank the delegation of Switzerland for introducing our concept paper.  
As introduced in  our concept paper, WIPO GREEN plays a key role in facilitating the 
development and dissemination of green technologies. As all of you are aware, WIPO GREEN was 
launched in 2013 for the purpose of supporting the dissemination of green technologies. The 
activities of WIPO GREEN focus on encouraging the utilization of green technologies by promoting 
business matchmaking between green tech providers and seekers, utilizing online databases and 
regional activities. At present, the WIPO GREEN database with more t han 3,800 technologies, needs 
and experts registered is utilized by more than 1,500 users across the world.  
On 19 February 2020, the Japan Patent Office (JPO) began participating in WIPO GREEN as a 
partner. More than 100 partners, including government agen cies, industry groups, companies, and 
universities, have participated in WIPO GREEN and, in fact, the JPO was the first IP Office in the 
Asia-Pacific Region to participate in this platform. Partners become members of the WIPO GREEN 
Advisory Board, who work  together with the International Bureau of WIPO to lead discussions at 
WIPO GREEN. They play a key role, offering support and advice on WIPO GREEN activities. The JPO 
will continue to support the spread of green technologies as a partner by providing advic e regarding 
the activities of WIPO GREEN and sharing knowledge with other partners.  
At present, 25 partners from Japan have joined WIPO GREEN. Some of their activities are 
introduced on the JPO website for the purpose of spreading and raising awareness of WIPO GREEN 
initiatives. Today, we would like to touch upon some of these. The first case is about Fujitsu Limited. 
In order to achieve Sustainable Development Goals (SDGs), Fujitsu believes it is important not only 
to utilize its own green technologies by itself, but also to spread them more broadly throughout 
society by collaborating with many other players. Based on its corporation philosophy, Fujitsu joined 
WIPO GREEN, as a partner in September 2017, and has since registered over 500 intellectual 
propert y assets related to green technologies in the WIPO GREEN database and has concluded 46 
patent licensing agreements with six organizations. Fujitsu has also conducted e -learning and 
workshops on SDGs, utilizing information of its activities and needs relate d to WIPO GREEN as 
material for in -house education. In addition, we would like to mention one of the cases from Small 
and Medium -Sized Enterprises (SMEs) as well. Green Science Alliance, which developed 100% nature 
biomass based biodegradable resin, regist ered its technology in the WIPO GREEN database. This 
technology is applicable to many kinds of products, including Nano cellulose composite, various types 
of biomass waste based resin, non -edible biomass resource based resin, and 100% biomass based IP/C/M/98/Add.1  
 
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  coating  material. Through these initiatives of WIPO GREEN, the delegation of Japan sincerely hopes 
that such green technologies continue to spread across the world.  
Our modern economy and society are built on the foundation of a stable and prosperous 
environment. However, the increase in human activity continues to place a heavy burden on the 
global environment. As a result, the problem of global environmental crises has become apparent, 
and our lives have been adversely affected in many ways. Climate change, resource recycling, and 
biodiversity are all global issues. At the same time, they are also local issues that are closely related 
to our lives. In Japan, we devot e ourselves to the greatest possible extent to bring about a green 
society, while focusing on a virtuous cycle of the economy and the environment as a pillar of our 
growth strategy. The key here is revolutionary innovations of green technologies, and intel lectual 
property plays an important role in promoting and broadly spreading this innovation. Japan would 
like to make the utmost effort to continue our contribution to the spread of green technologies in 
Japan and overseas, including the cooperation and me asures we introduced. Finally, the delegation 
of Japan is looking forward to hearing shared experiences from other Member s. 
European Union  
Climate change and environmental d egradation are an existential threat to the EU and the 
world. To overcome these challenges, the EU builds on the European Green Deal, which is a strategy 
that will transform the EU into a modern, resource -efficient and competitive economy, which is also 
sustainable without net emissions of greenhouse gases by 2050. The EU has committed to gradually 
transform its economy to make it greener. The EU is one of the leaders on key green technologies 
(e.g. it has 34 % of all climate change technology patents).  
Green technologies are essential to enable the transition to the green economy. From the 
perspective of research and innovation in green technologies, IP is a tool to help exploit the results 
of these activities, while ensuring return on investment in resear ch and innovation for the companies. 
Sound IP management is also key to support the valorisation and deployment of research and 
development results in green technology in the EU.  
The EU 's Intellectual Property Action Plan to support the EU 's recovery and resilience (IP Action 
Plan), which was published in November 2020, aims, among others, to incentivise and reward green 
inventions. The IP Action Plan will also help mobilise green technologies and data, to help put them 
at the service of eco logical transition and the economy as a whole. In parallel, IP support for SMEs 
aims at improving the economic performance and competitiveness of SMEs. The better management 
of IP by SMEs is important in this process.  
Many SMEs and researchers in the EU a nd globally do not make full use of the opportunities 
offered by IP protection. For instance, only 9% of the SMEs in the EU have registered their IP rights. 
In the current crisis, the number of IP registrations have dropped significantly, to the detriment of 
companies ' competitiveness and resilience. As indicated in the EU IP Action Plan, the recent analysis 
shows that the SMEs ' reluctance to use IP rights is largely due to the lack of knowledge about IP. 
Even if they use IP rights, they find the system too  costly, complex and difficult to navigate.  
The Commission  is fully aware of the challenges faced by the innovative SMEs in green tech 
and provides several tools to support them. We already described in detail these tools during the 
TRIPS Council in Octobe r 2020: The EU has launched an EU IP Helpdesk and also IP Helpdesks in 
China, India, Latin America and South -East Asia as well as IP pre -diagnostic services for IPR -driven 
start-ups and SMEs.  
The EU IP Action Plan also intends to boost the use of IP by EU MSMEs using four actions 
beyond the tools already mentioned:  
a. The EU supports MSMEs financially with an IP Voucher. Since the beginning of 2021, SMEs 
based in the EU can apply for financing under the new Ideas Powered for Business SME 
Fund. The new scheme offers financial support in the form of reimbursements  for 
trademark and design application, IP advice and for IP pre -diagnostic services (IP Scan)*, 
up to a maximum amount of EUR 1 .500 per business . The overall budget is EUR 20 million 
(EUR 19.8 million from the EUIPO and 0.2 million from COSME).  
b. The Commiss ion intends identifying green technologies for support within this framework.  IP/C/M/98/Add.1  
 
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  c. According to the EU 's experience, unconditional co -funding of IP rights, especially of 
patents may not be optimal, because it may increase low quality registrations. The ideal 
solution is to co -fund the registration of certain IP rights following recommendations drawn 
up in the context of a prior tailor made IP assistance.  
The Commission in close cooperation with the EUIPO and Members ' IP offices will expand the 
availability of IP  pre-diagnostic services across the EU. This is a strategic, tailor -made assistance 
that allows MSMEs to build their IP strategy. This service will be available for all EU MSMEs that 
participate in EU funded research to develop IP strategies that facilitat e the dissemination of the 
jointly developed technologies31. Many of these EU funded projects will concern green technologies. 
This service will thus contribute to the smooth deployment of green technologies.  
It is a challenge to make MSMEs understand the benefits of IP and familiarize them with the 
available targeted support measures. This is why the European IP Info Centre (provided by the 
EUIPO) that will build on existing information sources to make them more accessible, will be 
integrated in the Commis sion's business information portal. The Commission and Members IP offices 
will cooperate with general business support partners to reach SMEs with IP information when they 
need it.  
MSMEs, especially innovative ones, including those specialised in green tec h, usually have 
limited tangible assets that can give them access to finance for their investment in research and 
innovation. The EU will work with the investment community to see what kind of IP -related 
information they would need to be more easily able t o identify intellectual assets worth investing in. 
This could create new investment opportunities and potentially increase the innovation capacity of 
green MSMEs. In the EU networks such as Enterprise Europe Network (general business support) or 
the PATLIB s (IP information centres network animated by the EPO) can be potential partners in this 
domain.  
The EUIPO  
The EUIPO 's actions supporting SMEs is coherent with the Commission 's policy on IP. In view 
of the need to provide more support for SMEs and to use i ts resources, the EUIPO has developed an 
SME programme within its new Strategic Plan 2025. Under EUIPO 's Strategic Plan 2025, the SME 
Programme  was launched in July 2020 to empower EU SMEs within the EU and beyond, protecting 
and enforcing their competitive advantage through IP Rights.  
The four main objectives are:   
a. improve the information given to SMEs;  
b. support SMEs on their business journey;  
c. provide a supportive network for SMEs; and  
d. increase the successful use of IP rights.  
In this framework, the EUIPO is developing, and has started to launch, a series of support 
initiatives for SMEs:  
a. Ideas Powered for business hub  
A dedicated corner for SMEs (within the EUIPO website), launched July 2020, containing access 
to Pro-Bono matching service and EDR  (EUIPO dispute resolution) . This includes free personalized 
Intellectual Property support and swift and tailor -made service to pair SMEs with providers of free 
of charge IP legal representation and advice during this unprecedented period. The service focu ses 
on the needs of SMEs, ensuring that companies get the IP legal advice they need to protect their 
rights optimally and maximise them as well as the proper professional representation to defend 
those rights. Businesses can obtain practical solutions to h andle their legal concerns, which will help 
them to overcome the economic challenges posed by the COVID -19 pandemic.  
This hub will be developed further into a European IP Information Centre building on existing 
 
31 Horizon IP Scan - https://intellectual -property-helpdesk.ec.europa.eu/horizon -ip-scan_en  IP/C/M/98/Add.1  
 
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  information sources and integrated with the C ommission 's overall business support website "Your 
Europe " portal.  
b. Easy-filing, launched in January 2021, a simplified and easy, user -friendly way for SMEs 
to register trademarks and designs.  
Furthermore, a series of initiatives are under development including IP Valuation for 
trademarks.  
The European Patent Office  
The European Pa tent Information Centers managed by the European Patent Office, have 
provided advice on patents, mostly to SMEs and universities, over the past 30 years.  
The PAT -LIB 2.0 network is an example of a concrete action to provide basic guidance and 
assistance o n various IPR aspects and support, for example, in the form of assisted patent searches 
and assisted patent landscape analyses.  
Furthermore, the EPO 's European Patent Academy has developed dedicated events, case 
studies and training materials to help high -growth technology businesses such as MSME or start -ups 
bring new green and other technologies to the market and scale them up. The training offer 
specifically aims at sharing experience and promoting best practices in IP strategy and IP 
management, with a  view to leveraging IP assets to sustain rapid growth and scale -up. 
The EPO regularly monitors, through studies, the economic performance and challenges of 
innovative SMEs that are using patents and other IP rights.  
The EPO has established a dedicated clas sification scheme for climate mitigation technologies. 
The scheme consists of more than three  million documents and 372 cross -sectional classes that have 
been designed to cover areas related to specific clean energy technologies (Y02E), smart grids 
(Y04S),  carbon capture and storage (Y02C), and energy -efficient technologies in end -use sectors 
such as transportation (Y02T), building (Y02B), or industrial production (Y02P). The Y02/Y04S 
scheme is integral part of the Cooperative Patent Classification and free ly available in EPO 's patent 
information products such as Espacenet, the Global Patent Index, or the PATSTAT database. It is a 
unique resource for MSME to search patent information in green technologies, and for policy makers 
to monitor trends and identify  active players in those technologies.  
Chad on behalf of the LDC Group  
On behalf of the LDC Group I would like to thank Switzerland and all the co -sponsors for the 
introduction of IP/C/W/675 on Intellectual Property and Innovation, guaranteeing the 
competitiveness of MSMEs  in green technology . 
We have listened with great attention to the very enriching experiences, the Swiss experience, 
the United States experience , the experience o f Australia, of Singapore , the European Union and 
others and we see that innovation can raise can meet the global challenges in the area of the 
environment using green tax, by the MSMEs. I t is a very interesting support if I can link this up with 
our proce eding issue . How LDCs can access  to green technology to boost our competitiveness in our 
countries, while respecting environmental imperatives, though we do not have  a viable technological 
base. The LDCs particularly need to be able to benefit from technol ogy transfer, which would serve 
on the one hand to in increase  our levels of production, but also to provide us with the technology 
that enable us to develop new products and, from this point, we think green tax are very interest ing. 
At the time of the fourth industrial revolution and digitalization, the acquiring new technology, 
particularly Greent ech by LDCs is also a very important . The stake for us, technology and the master 
of green technology is a very important factor in our economic catch up, thi s is why the LDCs  Group 
is seeking at an effective implementation or cooperation  of Article 66.2 on the TRIPS Agreement 
concerning incentives for technology transfer . We need to facilitate access to appropriate technology 
with an appropriate technology tra nsfer and provide us with access to research and development .  IP/C/M/98/Add.1  
 
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The question is, how do we help MSMEs f rom the LDC s does not have a solid technological 
base to properly use the partnership platforms for access to technology and also share in this IP for 
innovation . Finally, we think and we are ready to continue our reflection with the co -sponsors for 
the provision and use of  green  technology by our LDCs and which, in this way contribute to the 
competitiveness of our MSMEs.  We have a lot of difficult ies at the LDC level and perhaps we can link 
up our perceiving requests with this particular issue and we would like to continue to participate in 
discussions with the co -sponsors . In fact , this communication has already been transmitted to our 
capital for an in -depth study of the issues . 
Canada  
Canada is pleased to be a co -sponsor of document IP/C/W/675 and would like to sincerely 
thank the delegation of Switzerland for their leadership in drafting this communication. Canada 
shares the objective of other Members in working continuously to ensure that trade, environmental, 
and innovation -related policies are mutually -supportive, including in the area of intellectual property 
rights.  
Many Canadian companies are international leaders in the clean tech industry, and Canada 
supports SME innovation and growth in this sector in a variety of ways.  For example, the Clean 
Growth Hub is a free service by the Government of Canada that works with clean technology 
producers and adopters to help find Government program mes and services to advance clean 
technology projects. This includes linkages to IP -specific program mes and services that are of course 
the subject area focus for our Council.  
Concerning such IP -focused initiatives, Canada continues to encourage policies that stimulate 
the creation and diffusion of technologies to respond to environmental challenges. For example, 
since 2011, the Canadian Intellectual Property Office has provided  for the acceleration of the 
prosecution of patent applications relating to environmental technologies, in order to expedite the 
commercialization of technologies that could be useful in the mitigation of environmental threats, or 
to conserve the natural e nvironment and resources.  
In order to be granted access to the expedited examination service for green technologies, a 
patent applicant must submit a declaration stating that their application relates to technology whose 
commercialization would help to res olve or mitigate environmental impacts or conserve the natural 
environment and resources. No additional fee is required for advancing the examination of patent 
applications related to green technologies.  
As an additional means to facilitate the support of  the IP system for the development and 
dissemination of clean technologies the Canadian Intellectual Property Office has developed a 
number of tools for businesses in this area. For instance, a webinar on "Clean Technology and IP " 
was recently made availab le on the CIPO website to assist companies in this sector, and includes 
detailed sections on IP Strategy development, IP during research and development, and IP 
awareness and education resources. This webinar is available at no cost on the CIPO website, sh ould 
other delegates wish to view it or share it with colleagues.  
The communication for the present  agenda item notes the WIPO GREEN initiative as a valuable 
mechanism to support the dissemination of green technologies, including among SMEs. WIPO GREEN 
is of course an interactive marketplace that promotes innovation and the diffusion of green 
technologies and facilitates commercial relationships and transactions by connecting green 
technology providers and seekers. The Canadian Intellectual Property Office  is a member of WIPO 
GREEN and Canada would certainly support other Members ' engagement in the initiative.  
Finally, concerning the matter of technology transfer to LDCs, I would note the linkage to 
Canada 's 2020 Report on the Implementation of Article 66. 2. At last week 's very productive 
workshop, Canada was pleased to focus its presentation on incentives that it provides to promote 
technology transfer, including to LDCs, in the area of environmental and climate change 
technologies, such as contributions t o multilateral initiatives such as the World Bank -managed Clean 
Technology Fund and Forest Carbon Partnership Facility. More detailed information on such initiatives 
are of course included in Canada 's report.  IP/C/M/98/Add.1  
 
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To conclude, Canada would like to highlight th e importance of clean technology innovation and 
development, as well as the role of the IP system, as we collectively face environmental challenges, 
including climate change. We are pleased to have this opportunity to learn more from other Members ' 
experie nces in this important area during the TRIPS Council discussion on this agenda item as well 
as the during the accompanying virtual event. Canada would be pleased to engage with any 
delegation that is interested in discussing these issues further.  
India  
We thank the proponents for their submission in the document IP/C/W/675. MSMEs are 
important engines of innovation, growth, job creation, and social cohesion, and are therefore key 
economic actors in the effort toward climate -change mitigation and sustaina ble development. In 
India the MSME sector, through more than 8,000 products, ranging from traditional to high tech 
precision items, contributes about 45% to the total manufacturing output and 40% to the exports. 
The MSME sector has the potential to spread industrial growth across the country and can be a major 
partner in the process of inclusive growth.  
In March 2020, WIPO GREEN launched its new interview series, Women in Green featuring 
female innovators and green entrepreneurs. An Indian female entrepren eur and a design lead at 
PadCare Labs, a start -up company focusing on climate -friendly menstrual hygiene management was 
featured. The company invented Saneco – an eco -friendly sanitary napkin disposal and recycling 
unit – that uses a "5D" (disinfection, de colorization, deodorization, deactivation and disintegration) 
chemo -mechanical process, which decomposes a sanitary napkin within 30 seconds. The resulting 
by-product can be recycled as fuel or raw material for the paper industry.  
India has undertaken seve ral initiatives for enhancing the contribution of IP in growth and 
development of MSMEs. In 2019, Government of India proposed a reduction in IPR registration fees 
for MSMEs and start -ups, to encourage more MSMEs to register their IPRs. Various road -shows are 
also being organized on 'IPR and National IP Policy ' to appraise MSMEs about the benefits of IP 
filings. The Ministry of MSMEs has launched National Manufacturing Competitiveness Programme 
(NMCP) to improve the competitiveness of the MSME sector. One o f the components of the 
Programme is "Building Awareness on Intellectual Property Rights (IPR) " for the MSMEs. The 
initiatives under the Programme aim at increasing productivity, upgrading technology and 
conserving energy in the manufacturing processes, as  well as expanding domestic and global market 
share of Indian MSME products. One of the main component of this Scheme is to provide financial 
assistance on grant of patent/ registration under geographical indications of goods/ trademarks.  
India strongly b elieves that Intellectual property is only one element in the larger innovation 
ecosystem and IP laws alone do not promote technological development. Innovation must be backed 
by means to make it affordable and ensure adoption.  
Norway  
Norway would like to thank the Members that co-sponsored the document for this  agenda  
item, document  IP/C/W/675, and for introducing it. We agree that Micro -, Small and Medium -sized 
Enterprises (MSMEs) can play a strong role in the green transformation the world needs towards 
Sustainable Development.  
We have a few comments in response to some of the questions that were posed at the end of 
the submission:  
a. The Norwegian Industrial Prope rty Office (NIPO) provides  measures that support MSMEs 
in their financing and commercialisation strategies – for example a free search service, 
and reduced application fees for companies of less than 20 employees. Although these are 
general measures for al l MSMEs, they have proven to be useful also in the Green Tech 
sector.  
b. To raise the awareness of green tech MSMEs regarding the benefits of IP for their business 
activities, NIPO also provides patent landscaping services, thematic online webinars that 
are offered for free, their individual frontline information service, as well as lectures and 
stands at trade fairs in cooperation with Innovation Norway, which is the business 
promotion agency of the Norwegian Government.  IP/C/M/98/Add.1  
 
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  c. A main challenge for green tech MSMEs when they share their new technologies with larger 
enterprises, is to keep the control of their own IPRs and intellectual assets. This 
underscores the need for more awareness and legal competence.  
d. MSMEs have expressed needs for more support in some of the sectors and subsectors of 
green tech, than in others. A Nordic survey of patent applications from recent years 
showed the highest interest among Norwegian companies for Renewable Energy, other 
low-carbon energy supply, and Greenhouse gas and climate change  mitigation technology.  
e. Other ways for IP offices to enhance the attractiveness of the use of IPRs in the green tech 
sectors could be to make visible the contribution that IPR protection makes to the value 
creation and profitability of MSMEs. This has been  demonstrated most recently in a new 
report by the EU Intellectual Property Office: "Intellectual Property Rights and Firm 
Performance ", which was released in February 2021. 
Brazil  
We thank the "Friends of IP and Innovation " for this next round of discussions on IP and 
MSMEs. Today 's discussion link two priority areas for Brazil: MSMEs and sustainability. For most 
MSMEs, delving into the IP world is still a challenge. In Brazil, stud ies have revealed that intellectual 
property in general, including trademarks, are still little considered in the business strategies of a 
large number of MSMEs.  
There are several entry barriers such as high costs and a limited knowledge of IP rights and 
their economic use. As discussed in our previous encounter, MSMEs benefit from various 
program mes that aim at enhancing their knowledge of the IP system and the use of IP as an 
important business asset. Acknowledging the importance of innovation in the  green technology field, 
Brazil has developed and implemented specific policies with that focus.  
Since 2012, we have a "fast track " for patent examination of green technologies called "Green 
Patents priority examination ". Moreover, both MSMEs and green technologies benefit from fee 
reductions. Brazil 's patent office is also a partner of WIPO Green and takes part in one of its 
acceleration projects alongside Chile and Argentina. In the first phase of the acceleration project, 
there was an effort to map needs and providers in the field of zero til technologies. The partnership 
continues, and a next phase of the acceleration project will explore other technological areas.  
Brazil 's National Institute of Industrial Property (INPI) is also structuring its  own matchmaking 
events, in cooperation with international partners, through its recently created program me "INPI for 
business ". One first round of matchmaking was held in 2020, and a second round should take place 
in 2022 with several partners like Eurocl ima+, WIPO Green and other countries.  
The Brazilian Micro and Small Business Support Service (SEBRAE) has also developed a 
program me that adds value to biodiversity through entrepreneurship. The first edition of this project 
is called "Inova Amazônia " and is intended to support new businesses, mostly small businesses, that 
innovate and explore the region 's biodiversity in a sustainable way. These are some examples of a 
wide range of initiatives that were put in place, and we continue to explore further ways  to offer 
support to MSMEs in the green technologies field.  
Ecuador  
Document IP/C/W/675 (Communication from Australia, Canada, Chile, the European Union, 
Japan, Singapore, Switzerland, the Separate Customs Territory of Taiwan, Penghu, Kinmen and 
Matsu, the United Kingdom and the United States). Ecuador thanks the Members t hat submitted 
document IP/C/W/675, and also expresses its gratitude for the interesting side event of 
9 March  2021 on the competitiveness of micro -, small and medium -sized enterprises (MSMEs) 
through IP and innovation, support for the least developed count ries, and green technology.  
The questions raised in the above document for discussion on this issue have been analysed 
by the Ecuadorian Government  and SENADI, the specialized entity responsible for intellectual 
property issues, in response to the document  proposal. In that regard, a number of points from 
Ecuador are set out below. At present, we are taking part in the sectoral study on agriculture driven IP/C/M/98/Add.1  
 
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  by WIPO GREEN with the participation of Argentina, Brazil and Chile, whose study is at its initial 
stage. 
The Ecuadorian Government enacted the Organic Law on Entrepreneurship and Innovation of 
2020, the purpose of which is to establish a regulatory framework that encourages and fosters 
entrepreneurship, innovation and technological development, and promote s an entrepreneurial 
culture in Ecuador to strengthen the entrepreneur ecosystem.  
Another of the benefits of Ecuador 's policy in this area relates to discounts of 50 -90% on 
registration fees granted by SENADI, thereby facilitating access to the protection of intangible assets 
protected by IP. Moreover, the national agency works in coordination with the Ministry of Production 
in the area of small and medium -sized enterprises (SMEs) with regard to information and advice on 
these matters.  
As part of PROSUR, Ec uador has participated in the production of bulletins on green 
technologies, including wind power, as a form of dissemination of knowledge and use in Latin 
America and Spanish -speaking countries. We continue working to ensure the competitiveness of 
MSMEs i n green technology in order to reduce the pressure on the environment in strategies 
established to ensure environmental, economic and social quality and sustainability.  
China  
First, we would like to thank Switzerland and other co -sponsors for submitting this proposal. 
As is the case in many Member s, MSMEs are critical to China 's society and economy. They create 
jobs, spur innovation  and promote sustainable growth . Particularly during the time of pandemic, the 
recovery and development of MSMEs is crucial for China 's economy recovery. So we have taken 
many measures, including IP measures, to advance the innovation and development in MS MEs, not 
only in green tech fields, but also in other areas.  
Firstly, China helps MSMEs to optimize IP management and encourage s to build intellectual 
property service companies which can help MSMEs to set up their IP manage ment system. We assist 
MSMEs to  reduce their cost of operation and enhance their IP management ability. In addition, China 
National IP Administration and other government authorities issued the national standard on IP 
Management for Enterprises. The document gives practical reference fo r MSMEs to build their IP 
management system in the whole process from project initiation, R&D, procurement, production, 
sales to post -sales services.  
Secondly, China has made efforts to address the difficulty of MSMEs in IP financing. By 
facilitating IP p ledge registration procedures, the IP pledge and financing system have been greatly 
improved. During the COVID -19, we establish green channel for patent and trademark pledge 
registrations, enterprises ' applications for IP pledge could be immediately proces sed, thus, to help 
enterprises to get rapid financing.  
15  INFORMATION ON RELEVANT DEVELOPMENTS ELSEWHERE IN THE WTO  
WTO Secretariat   
Since the last TRIPS Council Meeting in October 2020, the Trade Policy Reviews of the following 
seven Members took place: Thailand; Indonesia; Macao, China; India; Nicaragua; Myanmar; and of 
the Kingdom of Saudi  Arabia. During this review, delegations they sought further TRIPS -related 
details on:  
a. The implementati on of the TRIPS Agreement and National Intellectual Property Strategies;  
b. Institutional arrangements for the administration and enforcement of intellectual property;  
c. Specific policies geared towards small and medium enterprises, start -ups and female 
inventors;  
d. Copyright and related -rights regimes;  
e. Trademark regime, including sound and smell marks;  IP/C/M/98/Add.1  
 
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  f. Protection of geographical indications and denominations of origin;  
g. Patent regime;  
h. Criteria for compulsory licences and remuneration for patent holders;  
i. Protection of new plant varieties;  
j. Trade secrets and other industrial property misappropriation;  
k. Enforcement, online and at the border;  
l. International cooperation on enforcemen t of intellectual property rights;  
m. Programmes to raise awareness on the importance of the protection of intellectual 
property;  
n. Ratification of the Protocol Amending the TRIPS Agreement;  
o. Bilateral cooperation agreements between intellectual property office s; 
p. Measures taken in response to the COVID -19 pandemic;  
q. Accession to and implementation of WIPO instruments; and  
r. Accession to the International Union for the Protection of New Varieties of Plants.  
As reported during the last meeting, the Secretariat contr ibuted to the G20 and WTO wide 
Director -General 's Monitoring Reports that were distributed in November 2020.  
Currently, we are in the process of doing the preparatory research for the upcoming mid -year 
reports. The Director -General , Dr Ngozi Okonjo -Iweala , will send a fax in the coming weeks, inviting 
delegations to submit information related to measures taken on trade in goods, services and 
intellectual property, since mid -October 2020.  
Building on the current practice, the mid -year monitoring reports also include a sub -section 
on the specific IP -related measures aimed at facilitating the development and dissemination of 
COVID -19-related health technologies, as well as at relaxing procedu ral requirements and extending 
deadlines for administrative IP matters. The table containing these measures is regularly updated 
and available on the WTO website, as was discussed earlier under agenda item 3.  
16  OBSERVER STATUS FOR INTERNATIONAL INTERGOVERNM ENTAL ORGANIZATIONS  
No statements were made under this agenda item.  
17  OTHER BUSINESS  
No statements were made under this agenda item.  
18  ELECTION OF THE CHAIRPERSON  
No statements were made under this agenda item.  
 
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