RESTRICTED  
  
IP/C/M/99  
11 May 2021 
(21-4026) Page: 1/4 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 30 APRIL 2021 
Chair: H.E. Ambassador Dagfinn Sørli  
The present document contains the record of the meeting of the Council for TRIPS held on 
30 April 2021. The statements made during the meeting will be circulated in an addendum to the 
present document.  
Table of Contents  
1   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS 
AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF 
COVID -19 ................................ ................................ ................................ ..................  2 
2   OTHER BUSINESS  ................................ ................................ ................................ ........  4 
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  1  PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR 
THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 
1.   The Chair  said that the "Proposal for a Waiver from Certain Provisions of the TRIPS Agreement 
for the Prevention, Containment and Treatment of Covid -19" had been circulated in document 
IP/C/W/669 by India and South Africa on 2 October 2020 and had since been co -sponsored by the 
delegations of K enya, Eswatini, Mozambique, Pakistan, Bolivia, Venezuela, Mongolia, Zimbabwe, 
Egypt,  the African Group , the LDC Group , the Maldives, Fiji and Namibia . He said the purpose of this 
formal meeting was threefold : first, to report on his activities since he had  taken office ; second, to 
adopt the status report to the General Council ; and t hird, to continue consideration of the waiver 
proposal on the record.  
2.  The Chair  said that, s ince his election at the end of the TRIPS Council meeting on 11 March, he 
had held a number of consultations with delegations in different formats to encourage more 
solution -oriented discussions and to explore in concrete terms whether a possible landing zone could 
exist.  
3.  On 24 March 2021 he had held group consultations with around 24 del egations on the waiver 
request and other topics where he solicited delegations' views on how to move discussions forward 
and find a common approach to this topic. Delegations' responses in these consultations had 
reiterated known positions and showed some frustration with the repetitive nature of exchanges in 
the recent open -ended meetings. A number of delegations had indicated a willingness to try a format 
of smaller consultations to address outstanding issues.  
4.  Following up on these indications, the Chair  had held two small group consultations with 14 
delegations on 12 and 13 April to permit discussing individual aspects of the waiver proposal in a 
smaller setting. The first session focused on " examples of IP -related challenges, including in using 
TRIPS fl exibilities", while the second session intended to address the " operation of the proposed 
waiver". These discussions clearly showed delegations' agreement that production and distribution 
of COVID -19-related medical products, including vaccines, are facing  serious challenges and that 
rapid scaling -up of production and ensuring safe supply of all countries is essential. Delegations also 
shared the common goal of providing timely and secure access to high -quality, safe, efficacious and 
affordable vaccines and  medicines for all.  
5.  However, delegations continued to differ on the fundamental question whether, and to what 
extent, intellectual property protection represents barriers or challenges to the achievement of our 
common objective, which could not be overcom e by using the existing flexibilities. Co -sponsors were 
of the clear opinion that such challenges do exist and can only be effectively addressed by waiving 
certain TRIPS obligations. Other delegations remain ed unconvinced about the necessity of a waiver 
at the international level, with some arguing that a waiver might be counterproductive in relation to 
ongoing collaborative efforts.  
6.  He said that , in his intervention at the Director General's event "COVID -19 and Vaccine Equity : 
What can the WTO contribute ?" on 14 April, which ha d been circulated to all delegations, he shared 
that assessment and indicated that these in his opinion, remained the key questions. In her summary 
of that event, the Director General also called on WTO Members to advance work in the TRIPS Council 
"on the waiver proposal and on incentives for research and innovation" and expressed her hope that 
the ideas and the open dialogue heard at the event will move us closer to agreement.  
7.  He said that  Members had continued their consideration of the waiver request at an informal 
open-ended meeting on 22 April 2021. At that meeting, many exchanges had reiterated known 
positions regarding the role of voluntary licensing in scaling up production of vaccin es, and the 
application of existing TRIPS flexibilities in domestic situations of vaccine shortages in the pandemic. 
However, the co -sponsors had also indicated that they were working on an updated waiver proposal, 
and that they had initiated bilateral dis cussions in this regard. A number of delegations also 
requested the Secretariat to compile data on existing and future voluntary license agreements, and 
on the projected and actual production of vaccine doses produced by such arrangements over time.  
8.  Other delegations had acknowledged the co -sponsors ' responses to questions circulated in recent 
documents but  felt that questions posed subsequently – particularly with respect to the operation of 
a potential waiver – remained unanswered. While these delegations  had reiterated that cooperation IP/C/M/99  
 
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  and voluntary licensing were key to ensuring the technology transfer needed for scaling up 
production, they said it was equally clear that governments do play a role in facilitating such 
cooperation, and that the use of TRI PS flexibilities such as compulsory licensing was the sovereign 
right of all WTO Members. Some had considered whether there might be value in a confirmation by 
the TRIPS Council how these flexibilities apply in a pandemic, and in stepping up technical supp ort 
for Members to use them, including by reinforcing cooperation with other international organizations 
on domestic implementation legislation of flexibilities. Overall, it was his impression that although 
significant differences remain, there was willing ness on all sides to find a constructive consensual 
approach to these questions.  
9.  The Chair  said that, a s also foreshadowed at that informal open -ended meeting on 22 April, he 
had circulated  draft language for an oral status report to the General Council, w ith an invitation to 
Members to comment on this language by 26 April 2021. Having received no textual comments in 
this regard, this draft status report had been  circulated in document JOB/IP/44 on 27 April 2021, 
which he hoped delegations would be able to adopt at the present meeting . He informed Members 
that the item ha d also been placed on the agenda of the General Council meeting scheduled for 
5-6 May 2021 in the usual fashion. This conclude d his summary of the Council's activities since our 
last formal meeting.  
10.  Turning to the language for the oral status report to the General Council which had been 
circulated in document JOB/IP/44 on 27 April 2021 , he said that Fiji and Namibia ha d recently been 
added as co -sponsors of the waiver proposal , and suggest ed that this be also reflected in the first 
paragraph of the status report for the purposes of accuracy.  
11.  He proposed the Council agree that he would deliver an oral status report to the General Council 
as follows:  
At the meeting of the TRIPS Council on 15 -16 October 2020, India and South Africa introduced 
document IP/C/W/669, requesting a waiver from certain provisions of the TRIPS Agreement 
for the prevention, containment and treatment of COVID -19, which had been circulated on 
2 October 2020 and has since bee n co-sponsored by the delegations of Kenya, Eswatini, 
Mozambique, Pakistan, Bolivia, Venezuela, Mongolia, Zimbabwe, Egypt, the African Group and 
the LDC Group, the Maldives, Fiji and Namibia. The Council continued its discussions under 
that agenda item at informal meetings on 20 November and 3 December, as well as at its 
resumed meeting on 10 December 2020. Following the status report to the General Council 
on 16 -17 December 2020, the Council continued its consideration of the waiver request at 
informal mee tings on 19 January and 4 February 2021, and at its formal meeting on 
23 February 2021. Following the status report to the General Council on 3 -4 March 2021, the 
Council continued its consideration of the waiver request at its formal meeting on 
10-11 March  2021, at an informal meeting on 22 April and at its formal meeting on 
30 April 2021.  
At those meetings, delegations highlighted the common goal of providing timely and secure 
access to high -quality, safe, efficacious and affordable vaccines and medic ines for all. 
Delegations exchanged views, asked questions, sought clarifications and provided replies, 
clarifications, and information, including through documents IP/C/W/670, IP/C/W/671, 
IP/C/W/672, IP/C/W/673 and IP/C/W/674, on the waiver request but co uld not reach 
consensus, including on whether it is appropriate to move to text -based negotiations. In 
April 2021, the co -sponsors indicated that they were considering an update of their proposal 
and were in the process of consulting with Members. Delegati ons indicated a need for further 
discussions on the waiver request and views exchanged by delegations.  
This means that the TRIPS Council has not yet completed its consideration of the waiver 
request. The TRIPS Council will therefore continue its considerat ion of the waiver request and 
report back to the General Council as stipulated in Article IX:3 of the Marrakesh Agreement.  
12.  The Council so agreed . 
13.  The Chair thank ed all delegations for their support in this regard. He gave the floor to the 
Secretariat to re act to the requests for data collection and compilation that were raised at the last 
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  14.  A representative  of the Secretariat  took th e floor.  
15.  The Chair invited delegations to take the floor to continue their consideration of this request and 
the associated issues , and to share their views on how the work of the Council should be organized 
on this matter going forward.  
16.  The representatives of South Africa , Egypt , Bolivia , India, Maldives , Tanzania on behalf of the 
African Group , Chad on behalf o f LDC Group , Pakistan , Zimbabwe , Bangladesh , Nepal , Saudi Arabia , 
Tunisia , Nigeria , Sri Lanka , Namibia , Fiji, China , Vanuatu , Switzerland , Paraguay , European Union, 
Uruguay , United Kingdom , Indonesia , Chinese Taipei , Cameroon , Singapore , New Zealand , Japan , 
Australia , the United States , and Angola  took the floor.  
17.  In summing up , the Chair said that he had heard some well -known views and positions repeated 
also at this meeting so that the assessment of the state of play reflected in the oral status report to 
the General Council was indeed correct. At the same time , he also saw reason for some careful 
optimism , first and foremost as a result of the co -sponsors' an nouncement that they are considering 
revisions to the waiver proposal, and that they were currently consulting with other Members on the 
basis of such revisions. He noted the co -sponsors'  request for time to continue such consultations  to 
reflect on what t hey heard , and to develop  a revised proposal on that basis, which – as they indicate d 
– might be circulated in the second half of May. He said he would stay in close contact with the 
delegations concerned, consult them on the progress of their efforts, and  would try to find a suitable 
timing for such a meeting , which would be communicated to all Members as it becomes clear er. 
18.  He noted and commended delegations on the ir expressed  willingness to engage directly with 
each other - and encouraged constructive en gagement on all sides in these engagements.  
19.  The Council took note  of the statements made and agreed to revert  to the matter at its next 
meeting.  
2   OTHER BUSINESS  
20.  The Chair reported on his consultations on the LDCs Group's request for an extension of the 
transitional period for least developed country Members under Article 66.1, which had been circulated 
in document IP/C/W/668. Since taking office on 11 March, upon the LDC G roup's request, he had 
held individual and group meetings with the LDC coordinators and other delegations on 22 and 
24 March, and on 7 and 21 April, to help facilitate the LDC Group's discussion with Members, and to 
address outstanding question.  
21.  As mentio ned on previous occasions, his aim was to help secure a decision on the extension of 
LDC transition period at the June Council meeting, and he said he had seen a lot of goodwill from 
delegations in this regard. He said he would continue to assist the LDC G roup by facilitating 
consultations in various formats and would endeavour to keep the Council informed as appropriate. 
He was hopeful that this process would continue to progress smoothly going forward.  
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