RESTRICTED  
  
IP/C/M/101  
 
23 July 2021 
(21-5800) Page: 1/4 
Council for Trade -Related Aspects of  
Intellectual Property Rights    
 
 
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 20 JULY 2021 
Chair: H.E. Ambassador Dagfinn Sørli  
The present document contains the record of the meeting of the Council for TRIPS held on 
20 July 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   DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND 
PUBLIC HEALTH IN THE CIRCUM STANCES OF A PANDEMIC  ................................ ....... 4 
3   OTHER BUSINESS  ................................ ................................ ................................ ........  4 
  IP/C/M/101  
 
- 2 - 
 
  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 Kenya, Eswatini, Mozambique, Pakistan, Bolivia, Venezuela, Mongo lia, Zimbabwe, 
Egypt, the African Group, the LDC Group, the Maldives, Fiji, Namibia, Vanuatu, Indonesia and Jordan . 
A revised proposal had been circulated on 21 May in document IP/C/W/669/Rev.1.  
2.  He said the purpose of this formal meeting was threefold: first, to report on the text -based 
process the Council had followed since mid -June; second, to adopt the status report to the General 
Council ; and, third, to continue consideration of the proposals on the record, including  by sharing 
views on how to move thi s discussion forward . 
3.  The Chair recalled  that – following the formal TRIPS Council meeting on 8 -9 June 2021 and 
subsequent consultations – he had set out a calendar and outline of an intensive text -based process 
in a communication circulated on 16 June 202 1. This outline had foreseen an intensive schedule of 
meetings in various formats, including small group consultations, time for bilateral meetings among 
delegations, and regular open -ended meeting for all members to share information, exchange views, 
take stock of the situation and discuss how we should proceed.  
4.  Following this schedule, he had held four sessions of small -group consultations - on 22 and 
28 June, and on 5 and 9 July. Informal open -ended meetings had been held on 30 June, 6 July and 
14 July.  Discussions at these meetings had focused on key substantive areas of the waiver proposal. 
These were the questions of 'scope' , both from the perspective of products and from the perspective 
of IP rights ; the questions of 'duration' and 'implementation' ; and the area of 'regulatory data', which 
had been mentioned under many of these themes. A proposal for a draft General Council declaration 
on the TRIPS Agreement and Public Health in the circumstances of a pandemic, issued by the 
European Union on 21 June 2021 and circulated in IP/C/W/681 ; had also been discussed in those 
meetings.  
5.  The Chair reported that discussions in the small -group sessions had been interactive and that 
delegations had engaged in detailed exchanges on the substance at hand. In the area of 'scope', the 
co-sponsors had explained the proposed scope of the revised waiver request by illustrating the range 
of products and processes, as well as the sections of the TRIPS Agreement they considered relevant 
for prevention, containment, and treatme nt of COVID -19.  
6.  In the area of 'duration', discussions had contributed to clarifying the intended operation of the 
termination clause in the current text of the waiver proposal, as well as the relationship between the 
annual review suggested and the fores een duration of the waiver.  
7.  In the area of 'implementation', discussions had focused on a number of specific questions, 
including the transparency of implementation, and provisions to limit the long -term impact of 
disclosure of confidential data during th e waiver period. Delegations had also reflected on what steps 
would be needed at the domestic level.    
8.  In the area of 'regulatory data', only  a few exchanges had taken place as there had not been 
enough time available, suggesting that delegations my need to return to this issue at a later stage.  
9.  The Chair said that t hese discussions had reflected genuine engagement and had been detailed 
and substantive in character. While they had helped further illuminate a number of substantive points 
and nuances, it was clear that disagreement remain ed on the fundamental question of what might 
be the most efficient and appropriate approach to address the shortage of vaccines and other COVID -
related products. At the same time, delegations had indicated their willingness to continue 
discussions and had identified several topics that might merit focused discussions going forward.   
10.  As he had foreshadowed at that informal open -ended meeting on 14 July , he had  circulated 
draft language for an oral status report to the General Council, with an invitation to Members to 
comment on this language by 16 July 2021.  IP/C/M/101  
 
- 3 - 
 
  11.  He said that he had held further consultations on 19 July , and had circulated a revised draft 
status report in document JOB/IP/47 on the same day. After yet further consultations on 20 July in 
the morning,  he had circulated a further revision in JOB/IP/47/Rev.1 which he hoped delegations 
would be able to adopt at this meeting . He said that t he item had also been placed on the agenda of 
the General Council meeting scheduled for 27 -28 July 2021 in the usual fashion.  
12.  He proposed the Council agree that he would deliver the oral status report to the General 
Council , circulated in JOB/IP/47/Rev.1,  as foll ows: 
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 b een circulated on 
2 October 2020 and has since been co -sponsored by the delegations of Kenya, Eswatini, 
Mozambique, Pakistan, Bolivia, Venezuela, Mongolia, Zimbabwe, Egypt, the African Group, the 
LDC Group, the Maldives, Fiji, Namibia, Vanuatu, Indonesia a nd Jordan.  
Since the introduction of the document, discussions took place in various formal and informal 
TRIPS Council meetings. Delegations exchanged views, asked questions, sought clarifications 
and provided replies, clarifications, and information, inc luding 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.  
Since the last status report to the General Council on 5 -6 May 2021, the co -sponsors issued a 
revised proposal on 21 May 2021, which was circulat ed in document IP/C/W/669/Rev.1. The 
revised waiver request was presented at an informal open -ended meeting of the Council on 
31 May, and introduced at its formal meeting on 8 -9 June 2021. Following the arrangement 
of a text -based process, discussions cont inued in small -group consultations, at informal open -
ended meetings on 17 and 30 June, and 6 and 14 July [, and at a formal meeting of the Council 
on 20 July].  
In the context of the text -based process, delegations held focused discussions on the topics 
of 'scope', both from the perspective of products and of IP rights, on 'duration', 
'implementation' and on protection of undisclosed information. Delegations engaged positively 
and their detailed substantive exchanges helped clarify various aspects and nuanc es of 
positions. While delegations remain committed to the common goal of providing timely and 
secure access to high -quality, safe, efficacious and affordable vaccines and medicines for all, 
disagreement persists on the fundamental question of whether a wa iver is the appropriate and 
most effective way to address the shortage and inequitable distribution of and access to 
vaccines and other COVID -related products.  
In addition, a proposal for a draft General Council declaration on the TRIPS Agreement and 
Public Health in the circumstances of a pandemic, issued by the European Union on 
21 June 2021 and circulated in IP/C/W/681, has also been discussed in those meetings. 
Delegations exchanged views, asked questions, sought clarifications and provided replies, 
clarifications, and information. Disagreement persists on the fundamental question of whether 
this proposal is the appropriate and most effective way to address the shortage and inequitable 
distribution of and access to vaccines and other COVID -related produ cts.  
This means that the TRIPS Council has not yet completed its consideration of the revised 
waiver request. The TRIPS Council will therefore continue its consideration of the revised 
waiver request, including through small -group consultations and inform al open -ended 
meetings, and report back to the General Council as stipulated in Article IX:3 of the Marrakesh 
Agreement.  
In addition, the TRIPS Council will also continue in the same manner its consideration of the 
other related proposals by Members.  
13.  The Council so agreed . 
14.  The Chair thanked all delegations for their support and invited delegations to take the floor to 
continue their consideration of the revised waiver request and the associated issues, and to share 
their views on how the work of the Counci l should be organized on this matter going forward.  IP/C/M/101  
 
- 4 - 
 
  15.  The representatives of South Africa , Chad, on behalf of the LDC Group , Tanzania, on behalf of 
the Africa Group , the Maldives , the Plurinational State of Bolivia , Pakistan , Jamaica , on behalf of the 
ACP Group , the European Union , the United Kingdom , China , Cuba, Switzerland , Brazil , Indonesia , 
Chinese Taipei , the Kingdom of Saudi Arabia , Japan , Paraguay , the Republic  of Korea , Singapore , 
the Bolivarian Republic  of Venezuela , New Zeal and, Turkey , the United States  and India took the 
floor.   
16.  In concluding, the Chair said that he  detect ed a willingness to continue the exchanges on 
substance, and that delegations ha d identified a number of topics as potential themes for focused 
discussions – including continuing deliberations on 'regulatory data ', revisiting aspects related to 
product coverage and issues related to 'technology transfer'.  He said he had  also noted the 
co-sponsors' indication that they would submit further documents on this matter. In this context he 
said he would not want to exclude the opportunity for delegations to exchange views in writing on 
any of the specific topics under discussion . He once again  encourage d delegations to engage in 
bilateral contacts to further explore common ground in these discussions. It was his conviction that 
such contacts would be an essential ingredient of any substantial movement towards any solution of 
this issue.  
17.  He said t he text -based process so far ha d been intense, and he had taken good note of 
delegations' comments regarding the limits of such intensity. At the same time, he was conscious of 
the momentum in these discussions, and the need to work towards a timely conclusion of these 
discussions.  Against that background, it was his intention to invite delegations for an open -ended 
informal meeting of the TRIPS Council in early September  to touch base on the state of play with a 
view to continuing engagement and focu sed discussions.  He said he would discuss availability of 
conference facilities with the Secretariat and communicate the date for such a meeting still before 
the summer break.  
18.  The Council took note  of the statements made and agreed to revert  to the matter  at its next 
meeting.  
2   DRAFT GENERAL COUNCIL DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC 
HEALTH IN THE CIRCUMSTANCES OF A PANDEMIC  
19.  The Chair  said this item had been put on the agenda at the request of the European Union. Two 
communications had also been  received from the European Union and had been circulated as 
documents IP/C/W/680 and IP/C/W/681. He invited the European Union to introduce the topic and 
the submissions.  
20.  The delegations of the European Union , Chad, on behalf of the LDC Group , South Africa , 
Switzerland , Paraguay , Singapore  and India, took the floor.  
21.  The Council took note of the statements made.  
3   OTHER BUSINESS  
22.  The representative of WIPO  took the floor to inform the Council of recent activities in relation to 
COVID -19.  
__________