RESTRICTED  
  
IP/C/M/99/Add.1  
30 July 2021 
(21-5988) Page: 1/26 
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  
Addendum  
The present document contains the statements made during the Council for TRIPS held on 
30 April 2021.  
_______________  
 
Table of Contents  
1   PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT 
FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID -19 ..........................  3 
  IP/C/M/99/Add.1  
 
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  INDEX OF THE STATEMENTS MADE  
AT THE MEETING OF COUNCIL FOR TRIPS 30 APRIL 2021*  
 
 
 
Angola  
Waiver - COVID -19..............................  25 
Australia  
Waiver - COVID -19..............................  24 
Bangladesh  
Waiver - COVID -19..............................  11 
Bolivia, Plurinational State of  
Waiver - COVID -19................................  5 
Cameroon  
Waiver - COVID -19..............................  22 
Chad on behalf of the LDC Group  
Waiver - COVID -19................................  8 
China  
Waiver - COVID -19..............................  16 
Egypt  
Waiver - COVID -19................................  5 
European Union  
Waiver - COVID -19..............................  19 
Fiji 
Waiver - COVID -19..............................  15 
India  
Waiver - COVID -19................................  6 
Indonesia  
Waiver - COVID -19..............................  21 
Japan  
Waiver - COVID -19..............................  23 
Maldives  
Waiver - COVID -19................................  7 
Namibia  
Waiver - COVID -19..............................  14 
Nepal  
Waiver - COVID -19..............................  11 
New Zealand  Waiver - COVID -19 .............................  23 
Nigeria  
Waiver - COVID -19 .............................  13 
Pakistan  
Waiver - COVID -19 ...............................  9 
Paraguay  
Waiver - COVID -19 .............................  18 
Saudi Arabia, Kingdom of  
Waiver - COVID -19 .............................  12 
Singapore  
Waiver - COVID -19 .............................  22 
South Africa  
Waiver  - COVID -19 ..........................  3, 24 
Sri Lanka  
Waiver - COVID -19 .............................  13 
Switzerland  
Waiver - COVID -19 .............................  16 
Chinese Taipei  
Waiver - COVID -19 .............................  21 
Tanzania on behalf of the African Group  
Waiver - COVID -19 ...............................  7 
Tunisia  
Waiver - COVID -19 .............................  12 
United Kingdom  
Waiver - COVID -19 .............................  20 
United States of America  
Waiver - COVID -19 .............................  24 
Uruguay  
Waiver - COVID -19 .............................  19 
Vanuatu  
Waiver - COVID -19 .............................  16 
Zimbabwe  
Waiver - COVID -19 .............................  10 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_______________  
* 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/99/Add.1  
 
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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 
1.1  South Africa  
1.  We congratulate you on your election as the Chair of this Council. South Africa will work 
constructively with you during your tenure.  We also would like to welcome the new co -sponsors, 
Namibia and Fiji.  We also than k you for convening meetings in various formats and for your report 
on the outcomes of these consultations.  South Africa supports the report to the G eneral Council  as 
it is a factual reflection on the state of discussions on this important issue in the TRI PS Council.  
2.  As stated in the Report, the co -sponsors are continuing with the consultation process with various 
delegations in order to test ideas towards a revised proposal which will be submitted soon upon 
conclusion of these consultations. We thank the M embers for availing themselves of the opportunity 
to engage and we hope that the revised text will provide a good basis to move to text -based 
negotiations which are long over -due. The circular discussions in the TRIPS Council are not helpful 
in facilitatin g a solution -oriented discussion. We can only find a pathway when we engage in 
text-based negotiations and this is the only way we can come up with a balanced outcome that 
addresses the concerns of all but delivers a global solution to this crisis.  
3.  The lat est figures show that we have reached 150  million COVID -19 cases and 3.2  million deaths 
and the numbers are rising on a daily basis.  Over 1 b illion doses have been administered so far, 87% 
of these have gone to developed countries. We heard from the D irector-General  of the WHO on 
14 April that one in four people in developed countries have got a jab but one in 500 in poor countries 
have received the shot. Only 0.2% of vaccines dispensed so far are in low -income countries. This 
demonstrates the inequity in vaccine access.  
4.  At this rate it will take years to inoculate 70% of the global population. The biggest c hallenge 
right now is limited supply. We have also heard that there is under -utilised manufacturing capacity 
that can be put on stream with sharing of technology and know -how. 
5.  As developed countries prepare to emerge from the pandemic, much of the world is  still living a 
nightmare. Global demand for vaccines, therapeutics such as oxygen and diagnostics dwarfs the 
supply. Only a handful of countries are able to manufacture these medical products, especially 
vaccines at the scale needed to overcome infections  and deaths that are still growing —and shifting 
due to the emergence of viral variants. It is certainly problematic that some countries are hoarding 
doses , as well as critical vaccine supplies for their own domestic populations. However, a focus on 
hoardi ng alone misses the point. The more sustainable solution is global cooperation to boost supply 
and get the jabs on peoples` arms so as to reach global immunity.  
6.  We cannot repeat the painful lessons from the early years of the AIDS response, when people in 
wealthier countries got back to health, while millions of people in developing countries were left 
behind. Governments and philanthropists worked together to scale up HIV medicines and paediatric  
vaccines, but the level of policy cooperation needed for COV ID-19 vaccine production is, admittedly, 
unprecedented.  
7.  Without the TRIPS waiver, it is clear to us that poorer countries will remain dependent on the 
charity of richer countries and their pharmaceutical industries. The Waiver will facilitate sharing of 
technology and know -how in a coherent, transparent and open manner to companies with idle 
manufacturing capacity across the world. Bilateral deals through Voluntary Licences Agreements 
(VLAs) have proven to be ineffective as a response thus far.  
8.  The world ha s a normal capacity of production of 3.5 billion doses of vaccines and requires 
14 billion by the end of 2021. Currently, around 55% of existing capacity is located in East Asia, 
40% in Europe and North America, and less than 5% in Africa and South America . The biggest 
challenge is how to ramp -up and diversify production in the shortest possible time so as to effectively 
deal with the pandemic across the world. The production gap is most acute in Africa, a continent that 
imports 99% of its vaccines, accordi ng to the Africa Centres for Disease Control and Prevention 
(Africa CDC) . COVID -19 has thus exposed the strategic vulnerabilities of many countries, especially 
Africa and no country or continent can solve this alone. What is required is global cooperation.  IP/C/M/99/Add.1  
 
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  9.  The proponents of the TRIPS Waiver understand and appreciate the role of IP to research and 
development (R&D)  and innovation, including in the context of pharmaceuticals products. However, 
we are also reminded by what we as the WTO membership said in the Doha Declaration on TRIPS 
and public health. In that Declaration we stated that "we recognize the gravity of the public health 
problems afflicting many developing and least  developed countries, especially those resulting from 
HIV/AIDS, tuberculosis, malari a and other epidemics. We stress the need for the WTO Agreement 
on TRIPS to be part of the wider national and international action to address these problems. We 
also recognize that IP protection is important for the development of new medicines. We also 
recognize the concerns about its effects on prices. We agree that the TRIPS Agreement does not and 
should not prevent members from taking measures to protect public health. Accordingly, while 
reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement can and should 
be interpreted and implemented in a manner supportive of WTO members ' right to protect public 
health and, in particular, to promote access to medicines for all. "  
10.  The United States Trade Representative (USTR) put it well in the  meeting the D irector -General  
organized on 14 April 2021 when she said "the Doha Declaration on the TRIPS Agreement and Public 
Health, for example, was born out of the HIV/AIDS crisis, and we all – both in government and in 
the private sector – need to do our parts to live up to its spirit. " There is no better time to do that 
than now.  
11.  The COVID -19 pandemic is an unprecedented global public health crisis and we need 
extraordinary measures and strengthened international cooperation to break the transmission chain 
globally. No one is safe until everyone is. Timely, affordable and equitable access is imperative for 
restoring economic recovery and protecting lives.  Nationally focused responses, business as usual 
approaches and dependence on market -based solution s have proven inadequate as an effective 
response.  
12.  We stress that the Waiver is an exceptional, temporary instrument that will unlock global 
production. The co -sponsors are ready to negotiate a balanced instrument that ensures that IP and 
innovation is uti lized for the global good. We would like to emphasise that Waivers are part of the 
legal architecture of the WTO and granting of Waivers is nothing new in the WTO, including in the 
context of the TRIPS Agreement.  
13.  It will ensure in accordance with the TRIPS  Agreement that IP is used for the mutual benefit of 
producers and users  of IP. For countries that do not have manufacturing capacity at all, it could open 
up more supply options so they do not have lock themselves to one or two companies through 
licensing  agreements.  
14.  As the UN Secretary General said on 17 February 2021, if the virus is allowed to  spread like 
wildfire in the Global South, or parts of it, it will mutate again and again. New variants could become 
more transmissible, more deadly and, potentially, threaten the effectiveness of current vaccines and 
diagnostics. This can prolong the pand emic significantly, enabling the virus to come back to plague 
the Global North. It will also delay the world economic recovery. At this critical moment, vaccine 
equity is the biggest moral test before the global community.  
15.  The scope of the Waiver has been carefully thought to ensure that it will enable production of 
vaccines, diagnostics and therapeutics. The scope takes into account the different aspects and 
categories of IP that are vital to making medical products that are a necessary response to fightin g 
COVID -19 such as vaccines which include know -how, trade secrets, and data. Hence the importance 
of undisclosed information, patents, copyright, and industrial designs.  
16.  As we engage in the discussion, we need to note the cost to the global economy arisin g from 
an ineffective response to the pandemic. The IMF estimates the pandemic costs the global economy 
USD 28 trillion in lost output by 2025.  
17.  In conclusion, in relation to how we can move forward, we would welcome an opportunity to 
present the Revised t ext once concluded to Members before the formal meeting scheduled in June 
and we will work with you on the timing of such a meeting in May 2021.   IP/C/M/99/Add.1  
 
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  1.2  Egypt  
18.  As is spreading in the international news, a country like India is faci ng a tsunami of COVID -19 
cases, reporting one death in Delhi every four minutes. And the situation in many other parts of the 
world is not much better, reco rding more than 150 million coronavirus cases and a death toll 
exceeding 3 million  globally.  
19.  As rich nations are vaccinating one person every second, the majority of the poorest nations 
are yet to give a single dose. If vaccine inequality is to continue, and high income countries were to 
construct fences to separate themselves from the rest of the world, and focus only on vaccinating 
their own people, the mutations and variants of the virus elsewhere will nevertheless come back to 
haunt them and the global pandemic will certainly get worse , and the losses would grow 
exponentially . 
20.  I reca ll here what Kristalina Georgi eva, the Managing Director of the IMF , said while addressing 
the WTO event on COVID -19 and Vaccine Equity two weeks ago : that the forgone opportunity for 
the continuation of this crisis is estimated to reach USD 9 trillion for  the period 2021 -2025. 
21.  In this regard, I would like to reiterate what Egypt and other Members asked for during last 
TRIPS Council informal meeting seeking the assistan ce of the Secretar iat for compiling the available 
data resulting from the sequence of eve nts that we had recently on the 8 and 9 March, as well as 
the event on 14 April, as a part of the monitoring role of the WTO, with regard to the status of 
voluntary licensing, and the forecasts for the additional capacities to leverage the global 
manufactu ring capacity.  
22.  It is obvious that the current global manufacturing capacities are insufficient for accelerated 
immunization across countries all over the world in the short -term. Moreover, the growing vaccine 
inequality is impeding the current multilateral  efforts to contain this pandemic.  
23.  As noted by previous colleagues, the co -sponsors of the TRIPS waiver are currently reaching 
out to other Members to take their concerns on board, while amending the waiver proposal and call 
for informed text -based negotia tions.  
24.  So let 's give the TRIPS waiver a fair chance amongst other alternatives we are currently 
exploring to contain such an unprecedented crisis. We need to insure that IP rights are not creating 
barrier s to access to medicine, vaccines, diagnostics and therapeutics, while at the same time keep 
the motiv ation for R&D.  
1.3  Bolivia, Plurinational State of  
25.  We would like to welcome the report prepared by the Secretariat and would also like to thank 
you Chair and to congratulate you for taking up your position. We would also like to welcome th is 
additional session of the TRIPS C ouncil because  this is an extremely important topic for the entire  
humanity . Every day it is clearer that we are going through a multidimensional crisis and it seemed 
that we are still far from being able to solve it , because of the slow speed at which vaccines are 
being produced .  
26.  As was expressed by South Africa, we in developed countries see one out of every four 
inhabi tants that have been vaccin ated, and in developing countries one out of every five hundred . If 
this continues at this rate then it is going to take years and years to produce the doses that we need 
if we are to produce enough to immunise 70% of the populat ion and to finally be able  to overcome 
this pandemic. Now there are many inequalities. I think we all agree on that. Let 's prove that the 
distribution of the vaccine and access for nations for developing countries.  This has been unequal 
and it shows the wo rst side of world capitalism where only those who have the right to health are 
able to access it.  
27.  Now we can see that there is a need , and an essential need, to be able to establish a 
humanitarian waiver , if you like , through these IP rules which would all ow the  capac ity to 
manufacture the vaccines and therefore to achieve the objective that we all want, which is to 
preserve the lives of human beings . We would like to reiterate the urgency of a dopting  timely and 
appropriate  measure s so that the privileges and the rights which are recorded to pharmaceutical IP/C/M/99/Add.1  
 
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  industries do not override the rights we have to life , to health, the right to develop our economies . 
For all population, the world over.  
28.  Finally, I wanted to express the fact tha t it is very important to  take action, not only in terms 
of discussions, we are concerned at the fact that from countries continue to bring up questions once 
and again within this pillar of the process for decision making . We are simply putting off a decis ion 
which is dealing with human lives and we cannot tolerate  any further delay to these discussions . We 
need to take urgent action . All Members have a responsibility  in our hands that the decision that 
may be adopted within this Council may change the real ity experienced by millions of people on the 
ground throughout the world and allow us to move towards an  economic recovery . 
29.  We should like to reiterate our request to the Secretariat for a  data collection that is supposed 
to be carried out about the number  of voluntary licenses granted for the production of COVID -19 
vaccines , and in previous meetings we have also expressed our position on India 's and South Africa 's 
proposal, which we will also co -sponsor about the need to move to textual negotiations . 
1.4  India  
30.  Thank you Chair for convening this meeting and for your status report to GC. India supports the 
report which is a factual compilation of the discussions on waiver since March.  
31.  As we meet, COVID -19 cases have risen exponentially to around 150 million with m ore than 
3 million lives lost .1 And while we have been debating the waiver proposal since seven  months now, 
we have already lost trillions of dollars of economic output, hundreds of millions of additional vaccine 
doses that the enhanced manufacturing from  the waiver could have generated and yet, 
unfortunately, some of us are yet to realise the importance of timely response to this alarming 
situation while thinking about future pandemics. The World Bank in a January report  warned of 
"a decade of global grow th disappointments " unless corrective action is taken. It estimated global 
output was on course to be 5% lower by 2025 than its pre -pandemic trend. Predictions are that 
COVID -19 will leave long -lasting symptoms, for the global economy once this year 's V-shaped 
rebound fades.  
32.  While USD 26 trillion worth of crisis support and the arrival of vaccines have fuelled a faster 
recovery than many anticipated, the legacies of stunted education, the destruction of jobs, war -era 
levels of debt and widening inequalities  between generations and geographies will leave lasting scars. 
The absence of foreign tourists is leaving a hole in countries ' economies that locals can 't fill, raising 
the prospects of double -dip recession. Global retail spending has lagged the broader re covery owing 
to lack of consumer confidence, which can 't be ensured without timely access to vaccines and 
therapeutics to all.  
33.  We all agree that our shared primary objective is to rapidly enhance the global manufacturing 
capacity and the events of past few  weeks have shown us that there is vast unutilized production 
capacity. In the last informal open -ended meeting of 22 April, along with few other Members, we 
had proposed that the Secretariat do a data compilation exercise, for transparency purpose, as to 
how many voluntary licensing agreements have been achieved as an outcome of the two events with 
pharma companies held on 8 -9 March and 14 April, how many more vaccine doses have been/will 
be added to the overall capacity and how much of such doses have bee n actually delivered. We 
appreciate the update from Secretariat in this regard and look forward for such a compilation at the 
earliest, which could then be reviewed periodically, perhaps on a monthly basis. It would be useful 
if Secretariat could provide u s a timeline as to when such a compilation would be made public.  
34.  Some delegations had posed questions on the implementation of the waiver, which we believe 
will depend on the final text of the decision and can be better addressed through text -based 
negotia tions. With respect to the question of legal inconsistencies among trading partners due to 
waiver being optional, we are of the view that the current TRIPS rules and the uncertainty with 
respect to the patent landscape is creating an unpredictable environm ent for manufacturing and 
supply. For instance, how each element of Art icles 31 and 31 bis is implemented varies from country 
 
1 https://covid19.who.int/   IP/C/M/99/Add.1  
 
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  to country. This creates legal uncertainty due to varying administrative and legal procedures, which 
in turn can erect a barrier fo r manufacturing and delay supply.  
35.  On the contrary, the waiver implementation would be a one off measure for a set duration, 
which increases certainty and predictability. If partnering countries invoke the waiver, it could help 
to level up the divergence o f national procedures of using Article s 31 and 31 bis, and remove 
uncertainties in cross -border collaborations. Since members can opt out from a waiver option, 
certainly, for Members who choose not to use it, they may not benefit from it, but it would not 
preclude other members who may choose to use the waiver to support quicker response, form 
coalitions and build up scales in production and supply.  
36.  Regarding next steps, as indicated in the previous meeting, the proponents have been working 
on a revised text of the Waiver in which we are looking at a pragmatic approach to scope and a 
specific duration of years based on scientific and epidemiological d ata as to how long it will take for 
the whole world to get the vaccines. Apart from this, we are trying to reflect the current 
developments in terms of mutations and emerging variants of the coronavirus. Currently, we are in 
the process of bilateral consul tations with Members from both sides and will be in a position to finalize 
the text after incorporating the feedback received from Members bilaterally, in the near future. We 
could consider convening a TRIPS Council meeting in second half of May to discuss  the revised text, 
should the Members show their willingness to have good -faith engagement on the text. It is time to 
come out of the circular discussions that we have been having in past few months in this Council and 
agree on text -based negotiations with  an aim to find a common landing zone.  
1.5  Maldives  
37.  I wish to thank the delegation of India and South Africa for their leadership in the work to set 
up a waiver from certain provisions of the TRIPS Agreement for the prevention, containment and 
life-saving treatment of COVID -19. We would also like to thank t he growing number of co -sponsors 
for this initiative, which demonstrates the importance given by WTO Members to this proposal.  
38.  One year into the pandemic, we have been fortunate to have eight COVID -19 vaccines approved 
by WHO for use in various countries across the globe.2 It is a tremendous achievement to have a 
selection of mRNA and adenovirus vaccine candidates approved within such a short period of time. 
Given this present context of the global emergency, it is important for the WTO Members to work 
together to address the challenges of vaccine scarcity, to provide equitable access and distribution 
of vaccines. A concerted effort among all Members are needed to overcome barriers related to 
affordable medical products including vaccines and to scale up v accine manufacturing and roll -out of 
vaccines as quickly and widely as possible. It is important to utilise excess capacity that currently 
exists in many countries to produce vaccines. For these reasons, the Maldives would like to reiterate 
our support to the exceptional waiver mechanism proposed by India and South Africa and calls on 
fellow Members to agree to go for text based negotiations on the proposed TRIPS waiver as a way 
forward in the current negotiations and to effectively combat the COVID -19 pand emic for the benefit 
of all.  
1.6  Tanzania on behalf of the African Group  
39.  I am delivering this statement on behalf of the African group. The group would like to thank you 
for convening this meet ing and your tireless efforts to facilitate formal and informal discussion on 
TRIPS Waiver for COVID -19. 
40.  The world is still battling with COVID -19 pandemic which has brought about unprecedented 
challenges that need our urgent response to contain it. All me mbers in particular developing 
countries want to ensure that COVID -19 vaccines and therapeutics are accessible and available at 
affordable prices in order to protect their entire populations.  
41.  However, the current inequitable distribution of vaccines and o ther medical products is hindering 
the efforts to control the pandemic and the situation is worsening. High income countries are 
 
2 https://extranet.who.int/pqweb/sites/default/files/documents/Status_COVID_VAX_14April2021.pdf  IP/C/M/99/Add.1  
 
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  vaccinating at a rate 25 times faster than the low -income countries. This trend is worrying and needs 
our urgent attention as a n organization that oversee fair and equitable trade.  
42.  The current approach to production and supply is dependent on voluntary bilateral 
manufacturing agreements, wherein the technology holding company maintains the intellectual 
property monopoly and decide s how and where they want to produce and supply. This scenario is 
failing to mobilise global production capacity and is contributing to the inequity hence prolonging the 
pandemic which is costing many lives.  
43.  While everyone agrees that no one is safe until  everyone is safe, there has been a serious lack 
of global solidarity and collaboration to scale up global manufacturing and supply of vaccines to meet 
the urgent needs and growing demand of developing countries and least developed countries.  
44.  India and So uth Africa submitted the TRIPS waiver proposal on 2 October 2020. Six months 
later, this proposal has grown from strength to strength attracting 60 WTO Members co -sponsoring 
the proposal and many other WTO Members supporting it. The proposal has received n umerous 
global endorsements from civil society, world leaders, Nobel laureates, academics, US law makers, 
members of Parliaments across the globe such as EU, South Kores and etc, all of whom recognize 
the need of lifting intellectual property monopolies to  provide freedom to operate, and more open 
sharing of technology and know -how that will support the scaling up manufacturing, wherever 
possible, of COVID -19 therapeutics, vaccines or other related medical products.  
45.  Unfortunately, a handful of members are intentionally delaying the decision of this crucial matter 
to be made, irrespective of the overwhelming support it has gained. Since October 2020, we have 
been engaging in circular discussions in the TRIPS Council meetings as well as in small group 
meeting s, as result we have allowed the virus to transform itself into many variants. The proposed 
waiver was expected to be WTO 's contribution in the containment of COVID -19 through relaxation 
of Intellectual Property Rights on production of vaccines and therape utics. The prolonged discussion 
on the waiver is a clear sign of WTO inability to resolve matters of great importance to the 
membership.  
46.  The African Group would like to once again stress that the virus and its mutations have no 
boundaries, as the large pa rts of the world remain unvaccinated, more infectious variants will 
continue to circulate, and hence no country will be truly safe. Continuing with debate on the waiver 
while our population remains unsafe is a self -defeating agenda. The only swift solution  to contain 
and eradicate the virus is to enhance global solidarity in scaling up and diversify global production 
and supply of vaccines and treatment thereof.  
47.  In conclusion on behalf of the Africa group I would like to once again reiterate our call to ini tiate 
text-based negotiations with a view of closing this matter as soon as possible. We would like to urge 
Members who still have concerns on the draft, to constructively engage in the negotiations to 
conclude this matter.  
1.7  Chad on behalf of LDC Group  
48.  The 2020 UNCTAD report on least developed countries (LDCs) makes it clear that the economic 
crisis caused by the COVID pandemic has highlighted the fact that the LDCs are confronted with the 
worst econ omic performance for 30 years.  
49.  This difficult situation has led to significant consequences, involving a 35% increase in extreme 
poverty in the LDCs, with an additional 32 million people pushed into extreme poverty in 2020 in the 
LDCs, reaching a total of 377 million.  
50.  The social and economic consequences of the COVID -19 crisis continue to ravage the whole 
world, disproportionately affecting the most vulnerable communities, in particular LDCs.  
51.  Calls for international solidarity in pursuit of global public we lfare have been made, but what we 
have observed so far above all is vaccine nationalism, hoarding, and restrictive voluntary bilateral 
manufacturing agreements concluded on the basis of intellectual property monopolies, which 
artificially limit production and supply.  IP/C/M/99/Add.1  
 
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  52.  Most LDCs lack manufacturing capacity and rely on the COVAX mechanism and other 
manufacturers, particularly in developing countries. As supply depends on a small number of 
manufacturers, the supply needs of the LDCs are not covered.  
53.  The WHO Dir ector General emphasized that "on average in high income countries, almost one 
in four people has received a vaccine. In low income countries, it 's one in more than 500. " It is clear 
that this gap is colossal. The COVAX mechanism itself has delivered only 49 million doses of vaccine.  
54.  In October 2020, the UNCTAD trade report concluded that "middle and low income countries 
have been largely priced out from access to COVID -19 related products " and that "only a tiny fraction 
of the additional world production o f COVID -19 related supplies have reached low income countries. " 
The inequality of access is a matter of concern.  
55.  And this inequality seems likely to continue. We learn that while COVAX and the LDCs are 
struggling to obtain vaccines for 2021, some WTO Membe rs are already reserving their future 
vaccines in advance, until 2023 and possibly even beyond.  
56.  It is equally worrying that despite a long period of discussions on a realistic and pragmatic 
proposal, which has generated massive support throughout the world , the TRIPS Council has not yet 
taken an important decision because some Members are not yet ready to move forward on the issue, 
despite the detailed responses provided by the co -sponsors to the questions raised.  
57.  This is a matter of common sense, as highli ghted by the Nobel Prize winner for economics, 
Joseph Stiglitz, in his editorial entitled "Preserving intellectual property barriers to COVID -19 
vaccines is morally wrong and foolish ". 
58.  If we want to expand manufacturing and diversify supply options, intellectual property 
monopolies must be removed, potential manufacturers must be free to operate, and there must be 
no legal barriers to cooperation and collaboration.  
59.  We need to move on to text -based negotiations with the utmost urgency. Legitim ate questions 
and the reluctance of some Members should not take precedence over the unfulfilled global needs of 
the majority, in particular the LDCs. There is now a clear imbalance and unfairness that is becoming 
a recurring trend.  
60.  We believe that the WTO has a moral responsibility to take priority action and finalize discussions 
so that we can take active steps to intensify manufacturing, diversify supply and bring this pandemic 
under control.  
1.8  Pakistan  
61.  Thank you Chai r for convening us once again on this all -important matter. Congratulations on 
your formal appointment and we look forward to working with you. Pakistan wishes to recall and 
place on record all its previous statements on this issue in all previous formal a nd informal meetings 
of this Council.3 
62.  Every time we convene on this issue, the global situation has deteriorated further. And before 
we are told that things have improved, I would urge Members to look towards South Asia and 
South  America where huge popul ations are in a spiral of mutated viruses and a dearth of vaccines, 
medicines and equipment, causing deaths in hundreds and thousands every day! The situation is 
 
3 Pakistan's statements on this issue at formal meetin gs are contained  in the record of the formal TRIPS 
Council meetings of 15 -16 October and 10 December 2020 (IP/C/M/96/Add.1), of 23 February 2021 
(IP/C/M/97/Add.1), and of 10 -11 March 2021 (IP/C/M/98/Add.1). In an informal open -ended meeting of the 
TRIPS Co uncil on 22 April  2021, Pakistan made the following statement:  
"Pakistan joins statements made by co -sponsors and supporters of the waiver proposal that have 
spoken before us. We would like to welcome the new co -sponsors and the support they are building around this 
important issue. Pakistan has been a long -standing demandeur  for text -based negotiations on the proposal and 
we welcome all the efforts and calls for beginning text -based discussions on this proposal. We would also 
support the calls for compili ng data on the voluntary licensing events that were held on the 8 March and 14 
April 2021. There will be no need to remind delegations how important this issue is and that we need to move 
towards an outcome on this waiver based on the text at hand."  IP/C/M/99/Add.1  
 
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  presenting similar problems we had predicted in our previous interventions in case business as  usual 
continues.  
63.  So, from where we sit, the variants and mutations are increasing, and the critical shortages in 
the supply of vaccines and essential medicines is becoming more acute. According to a latest report 
by Bloomberg, if the number of infections  caused by new variants continues to outpace the number 
of people being vaccinated, we might need to start preparing for a 'permanent pandemic '. The UN 
Secretary General informed us in February that 75% of the vaccinations had been administered in 
just ten countries across the world, while more than 100 others had not yet received a single dose.  
64.  While the idea of a 'permanent pandemic ' may not ring alarm bells in those ten or 15 countries 
receiving all the vaccines just yet, it may be important to reiterate  the hackneyed phrase, no one is 
safe, until everyone is safe!  
65.  While we are asked repeated questions regarding the waiver, which we have answered in great 
detail and depth, some of our questions are still outstanding regarding the alternatives to waiver we  
have often been presented. For instance, how can 'voluntary ' sharing and transfer of technology be 
ensured? Given that such voluntary sharing has only been possible by the private companies in an 
arbitrary, and selective manner, how would members proposin g this way force those companies to 
'voluntarily ' share their technology? According to latest news, some of the pharmaceutical companies 
holding the rights are already urging people to prepare for third booster doses and a long -lasting 
pandemic where vacci nation will be needed quite often. How would they be willing to let go of their 
profits and share their technology for mass production?  
66.  We will not go into further detail on the repeated arguments. We have been engaging with 
Members bilaterally to learn m ore about how to move this issue forward in good faith. We have taken 
their views into account and are working towards a revised proposal particularly in terms of scope 
and duration based on scientific evidence. We appreciate the efforts of the Secretariat  on the 
compilation of the data and urge them to prepare the reports as soon as possible.  
67.  In light of this urgency and importance of the matter, we put it once again to the membership, 
to reflect on their positions on this waiver and come together to comm ence text -based discussions 
to find a solution sooner rather than later. Pakistan stands ready to engage in text -based discussions, 
at any level of formality on the text of the proposal with whichever members willing to do so.  
1.9  Zimbabwe  
68.  Chair, first of all very warm congratulations on your election . Thank you for convening this 
meeting  and thank you for your report .  
69.  Further to the intervention made by her Excellency the Ambassador of Tanzania on behalf of 
the Africa Group which we fully support , we take the floor  to once again express our very strong 
support for the TRIPS waiver  proposal as initiated by South Africa and India the previous  year. 
70.  This is a  request which , since October 2020, has gained significant suppor t both from within the 
WTO membership , from literally hundreds of civil society organizations and from an increasingly long 
an impressive list of high -profile personalities across all spectrums of society.  
71.  This is a legitimate request , based primarily but not uniquely , on the moral or ethical im perative  
that all efforts must be made , and all possible avenues pursued , by all of us to get on top of this 
pandemic . Whatever motivation might be fuelling resistance or opposition to the wa iver surely  has 
no place within our collective efforts to deal with C OVID -19. Just look at the daily statistics , not just 
of the COVID  infections and deaths , but of the massive collateral  damage that is being inflicted upon 
economies , employment , incomes and livelihoods across the  globe and the tens of millions regressing 
to extreme poverty the status .  
72.  The recent 2020 World Bank report entitled 'R eversal s of Fortune ' I think is highly instructive in 
this regard . I think it has already been mentioned by previous speakers , the Director -General  in 
recent consultations with big pharma  reveal ed a multitude of existing facilities in various parts of the 
world , which with some  calibration and support  could be repurposed  to help boost production and 
distribution of vaccines . We accept , of course , that there are a range of other impediments to IP/C/M/99/Add.1  
 
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  ramping up production and attaining a more equitable distribution of vaccines  which also need 
attention , but we see no reason why t hese issues cannot be addressed in parallel with the wa iver 
request .  
73.  The objective must be to significantly boost production a nd to significantly democratize 
distribution of the vaccines , and the wa iver option would certainly help in this regard. With reg ard 
to the way forward, our Delegation also supports the  proposal to the Council, after multiple sessions 
where information and views have been exchanged, where questions have been asked and answered 
and where clarifications have been sought and provided.  
74.  We believe the Council should move to text -based negotiations , which are  surely our logical 
next step towards finding a practical solution to this burning issue of vaccine equity  - an issue which 
in the recent words of  the Director -General of the World Health Organization  himself constitutes the 
challenge of our time s. So we fully support the move towards text -based negotiations.  And I think 
we take comfort from your assessment so that there appears to be general willingness to find a 
workable solution to  this now extremely urgent issue. 
1.10  Bangladesh  
75.  As it is the first formal meeting of this council, the delegation of Bangladesh congratulates you 
for your election as the TRIPS Chair and you can count on our full support.  Bangladesh endorses the 
draft statement presented today which will be further delivered orally at the General Council by the 
TRIPS Council Chair.  
76.  My delegation endorses the statement delivered by Chad on behalf of the LDCs. With all the 
co-sponsoring Members, including the LDC Group, Bangladesh attaches high importance and 
welcomes discussion of the proposal contained in document IP/C/W/669. Bangladesh also commends 
India and South Africa for taking leadership on this important proposal.  
77.  My delegation be lieves that the issues of public health are concerns for everyone. We live in an 
interdependent world and therefore, a threat to public health in one society puts humanity at risk 
everywhere. The ongoing pandemic has already done enough damages and the LDC s particularly are 
the hardest hit. A large number of countries, including the LDCs, are facing severe challenges of 
accessing timely and affordable vaccines and therapeutics against this virus. Several new variants 
of the virus are threatening us. The pri ority now is to ensure unconditional, affordable, equitable and 
timely access to vaccine, required medical equipment other curative measures to stop the pandemic. 
The TRIPS or any other regulatory framework should not be brought as a hindrance to the most 
urgent needs of the humanity today.  
78.  As the way forward, my delegation supports that a text -based discussion should begin very soon 
based on the forthcoming revised text as proposed by the proponents. The delegation of Bangladesh 
thanks the WTO Secretariat  for initiating compilation of necessary data regarding voluntary licencing 
and production and distribution of vaccines. My delegation looks forward to engaging constructively 
with Members and once again requests a favourable  consideration of the proposal.  
1.11  Nepal  
79.  First, my delegation would like to congratulate you Chair for this new role and wish you a 
successful tenure. I thank you Chair for your report and thank the Secretariat for the update. My 
delegation wishes to associ ate with the statement delivered by Chad on behalf of the LDC Group.   
80.  I would like to refer to Nepal 's statements delivered earlier in various meetings on this waiver 
proposal and reiterate our full support to this proposal for the benefit of the people at  large across 
the globe.  
81.  The COVID -19 pandemic has posed further challenges to us through its different waves and 
variants. We, LDCs and LLDCs, are much severely impacted by the pandemic. The huge support by 
significant number of delegations in all the me etings and strong and supportive arguments expressed 
outside the WTO system demonstrate an urgency of this matter to consider positively through this 
body.   IP/C/M/99/Add.1  
 
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  82.  All the concerns raised on the proposal have been well -responded by the proponents and I 
believe that no further justification is needed. It would not only help save life of millions of people 
across the world but also contribute to the global economy in t his pandemic situation. Therefore, my 
delegation urges all Members to positively consider the proposal.  
1.12  Saudi Arabia , Kingdom of  
83.  The Kingdom of Saudi Arabia thanks the proponents for their proposals and emphasizes the 
importance of TRIPS Agreement 's principles and the provisions in protecting intellectual property 
rights.  
84.  The COVID -19 pandemic has severely affected every country, no one has been spared. In these 
difficult times, we all have a collective r esponsibility to overcome this pandemic and to make vaccines 
available to everyone across the globe at affordable prices.  
85.  While understanding that intellectual property rights granted legal certainty to support 
innovation, Members should also ensure that i ntellectual property rights should not pose an obstacle 
to enhancing the production of vaccines for non -commercial purposes and to ensure equitable access 
to them and other essential supplies across the globe.  
86.  In this regard, the Kingdom of Saudi Arabia u rges all Members to move forward towards 
text-based negotiations in order to reach consensus as soon as possible.  
1.13  Tunisia  
87.  We congratulate you , Chair,  on your appointment and thank you for your report and for your 
efforts to facilitate trade and bridge the positions of Members.  
88.  My delegation endorses the statement made by Mauritius on behalf of the African Group and 
thanks the proponents for their tirel ess efforts to provide relevant arguments and the assurances 
necessary to convince certain Members, which remain sceptical, about the vital objective of this 
initiative, which is to save lives by providing fair and affordable access to vaccines and other m edical 
products necessary for the prevention, containment and treatment of COVID -19. 
89.  If there has been a subject of convergence so far, it is the disastrous health, economic and 
social impacts of this pandemic, but also the recognition that all efforts mad e by the international 
community, the generosity of some donors and the mechanisms in place at the international level to 
address vaccine -access challenges, such as the ACT -A and COVAX initiatives, remain insufficient. 
This failure has been observed by the  agencies leading the fight against the pandemic, in particular 
WHO.  
90.  Tunisia, which was one of the first countries to contain the first wave, by prioritizing, and rightly 
so, public health and compliance with health recommendations, and by redirecting its limited 
resources to the fight against the pandemic, has been unable to continue to effectively address the 
recurrent waves of new COVID -19 variants. It is now experiencing a severe health crisis with some 
of the highest mortality rates, which is weakening  the already fragile health, social and economic 
system. This is mainly due to a low vaccination rate of no more than 1% of the population, despite 
the preparatory, administrative and regulatory efforts and financial sacrifices made by the Tunisian 
Governm ent. This is unfortunately the case for over 80% of countries whose vaccination rate has 
not exceeded 10% of their population.  
91.  Consequently, the sincere commitment made by the Members and companies monopolizing 
licences to increase production and to respon d effectively to the needs of all, has instead turned into 
commercial speculation and disputes before the courts for non -compliance with deadlines.  
92.  This demonstrates that the intellectual property protection system, while effective in promoting 
research an d innovation, has proven to be limited in the response to such an exceptional situation.  
93.  In this regard, the proposed waiver under discussion serves as a reminder of the foundations of 
the Doha Declaration on the TRIPS Agreement and Public Health, prioriti zing the protection of global 
health and the promotion of access to medicines for all. WTO Members have a duty to demonstrate IP/C/M/99/Add.1  
 
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  the solidarity required in this exceptional situation. We highlight the targeted time -bound framework 
for this initiative, and urg e Members to engage in constructive negotiations on the basis of a text to 
bridge positions and try to provide an effective and fair response to the pandemic.  
1.14  Nigeria  
94.  We would like to thank you Chair for convening this me eting. We would also like to thank other 
co-sponsors for leading these discussions. Access to COVID  related medicines and equipment 
continue to be an issue for developing countries like ours. IP rights also remain a barrier to scaling 
up manufacturing capa cities in developing countries on COVID  related items.  
95.  We thank the membership for their various efforts in distributing COVID  related medications 
however, the quantities received for instance in Nigeria are not nearly enough to service the 
population.  
96.  Since the inception of this proposal by South Africa and India, the proposal has gained a lot of 
traction given its importance to access to COVID  vaccines and equipment. Up  to 60 WTO Members 
are now co -sponsors, with many more WTO Members and external groups  and sectors openly voicing 
their support of the waiver. This shows the critical importance and the urgency in entering into 
text-based negotiations on the various aspects of the proposal.  
97.  Finally , we would like to encourage members to regress from circula r discussions that seek to 
delay the process of negotiation and adoption of the waiver, and move to text based negotiations 
towards finding a multilateral solution to ensure timely, affordable, and equitable access to vaccines, 
therapeutics and diagnostics , because no one is safe until everyone is safe.  
1.15  Sri Lanka  
98.  First let my delegation congratulate you on your election as the Chair of this Council at this very 
crucial juncture , and equally wish to commend my dear collea gue Ambassador Xolelwa Mlumbi -Peter 
for her contribution made and services rendered to this body. By saying it, my delegation 's support 
is extended to you at all times.   
99.  My country 's situation in relation to positive cases is becoming dreadful , having reported over 
more than 1,000 cases per day consistently for the last one week. This is unprecedented and 
hospitals in populated areas are witnessing stressed situations in terms of the occupancy rates. This 
is despite having vaccinated a sizable p opulation in mostly concentrated and densely areas.  
100.  The AstraZeneca vaccines , which have already been administered to close around 1 million 
people in Sri Lanka, including frontline and health workers , are responding well to the new variant 
of COVID -19, w hich is rapidly spreading in the country at present , indicating that the country is 
going through its third waive.  
101.  Officials said that to date, there had hardly been any cases of those who had received the first 
dose of vaccination to have contracted the new variant of the COVID -19, but in future, even if they 
do face a threat of being infected, they will have a very low chance of advanced disease or 
complications.  
102.  Basically all the vaccinations which are available in the world today are responding well to  all 
the variants of the COVID -19 including the mutated versions. In fact a recent study carried out by 
one of the Universities in Sri Lanka shows that those vaccinated have better immunity than even 
those infected. That is why it is extremely important th at everyone is vaccinated, vaccinations 
coupled with other health measures are the only way out for us.  
103.  Meanwhile, as discussions continue to purchase more AstraZeneca doses, health experts said 
that with more mutated versions now spreading rapidly global ly, a third vaccination dose known as 
the 'booster ' might need to be administered in the future. Experts were discussing this possibility 
and we heard that manufacturers are gearing up to cater to the third vaccine.  IP/C/M/99/Add.1  
 
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  104.  Sri Lanka has been working closely with India to sign agreements to purchase adequate doses 
from the Serum Institute in India under commercial terms, as this generic version AstraZeneca 
vaccines can be procured at rates affordable to our government.  
105.  But due to the current situation in India, ou r friendly neighbour, which is around the clock 
trying hard with much vigour  to contain the spread the infections and save its population, we are 
not certain whether Sri Lanka will be able to procure the required amount to vaccinate at least 44% 
of our pop ulation while also using the doses assured under the COVAX initiative.  
106.  In instances where no patent holder of available vaccines is willing to negotiate provision of 
the required doses to Sri Lanka at rates affordable to us, Sri Lanka is seriously mulling over as to 
how it can import and procure the vaccines under compulsory licenses.  
107.  This is because, Sri Lanka has not introduced the required amendments to its National IPR Act 
to give effect to the Article 31 bis of the TRIPS Agreement . This is aggravated further , knowing well 
that Sri Lanka is also not having clear provisions  to procure the vaccines under parallel imports 
(under Exhaustion of IP rights), even if there are vaccines available in other third country market s, 
which we know will not be realistic at present given the severe shortage prevailing  on the supply 
side.  
108.  I am therefore conveying the situation, which my country will be facing very soon, if we do not 
have a multilateral solution by way of this waiver to address the difficult situation likely to be faced 
by countries such as mine. If we cannot have a solution to this impas se soon, Sri Lanka may be 
compelled to submit a country -specific request to the WTO seeking to waive its relevant TRIPS 
obligations, enabling it to take an array of measures, including issuance of compulsory licenses to 
those generic manufactu res in the world who can supply the required quantities at this time of the 
hour.  
109.  As we know there are generic manufactures having manufacturing capacity, who can cater to 
our requirements, provided they are permitted to do so under compulsory licences wh ich Sri Lanka 
will be able issue under the waiver. Any delay in launching such initiatives by my government will 
have severe and unimaginable consequences on my country.  
110.  We are very certain that the waiver proposal promises to help large populations in de veloping 
countries and particularly countries such as mine not having manufacturing capacity hence is 
compelled to rely on imports, but would also allow export of medicines and medical equipment to 
other needy developing countries in the future where deman ds could remain unfulfilled otherwise, if 
we can gradually build the production of capacity over the years.  
111.  It is high time we listen to the countless calls outside the WTO premises from all walks of life, 
for global solidarity and cooperation to help figh t the pandemic which threatens humanity. We are 
open and look forward to more meaningful engagement from members at this juncture, that aims 
at finding constructive solutions to address this issue.  
112.  We have had sufficient and lengthy debate on the issue of the waiver. The co -sponsors made 
the case in great detail describing the various challenges and problems which necessitate this waiver. 
The time is now ripe for a more forthright, solution -finding approach, which is to proceed on 
text-based negotiations ba sed on the texts before us and to be presented sooner than later. This will 
be the most significant contribution that the WTO could make towards fighting the pandemic, saving 
human lives and helping lower -middle income countries and LDCs.  
1.16  Namibia  
113.  Let me take this opportunity to thank you for your report and for directing the proceedings for 
the present  TRIPS Council meeting and congratulate you on your role as Chair for the TRIPS  Council. 
Namibia aligns itself with the sta tement which was delivered by the Permanent Representative of 
Republic of Tanzania on behalf of the African Group.  
114.  My Delegation is pleased to be among the co -sponsors for this proposal and fully supports a 
call for text -based negotiations with a view to achieve a balanced outcome of the waiver on certain 
provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID -19.  IP/C/M/99/Add.1  
 
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  115.  The current rate of the vaccine production and distribution calls for concern. We need to find 
an urgent solut ion to the rapid scaling up of manufacturing to address capacity and supply constraints 
of the COVID -19 vaccine in order to save lives. Lives that are being lost on a daily basis. As net 
importer of medicine, Namibia reiterates its position in support of t he proposal of the TRIPS waiver 
and implore s other Members as a matter of urgency to support this proposal.  
1.17  Fiji 
116.  Fiji expresses its support calling for the need to move forward and conclude this phase of 
negotiation for a decision on this IP waiver proposal. The wrath of the COVID -19 and its evolving 
mutation as well as the necessary tools to combat the continued evasion of the pandemic into our 
society needs to be put to a halt through a means from the WT O. The continuous mutations and 
emergence of new variants of COVID -19 highlight the significant uncertainties and complexities of 
controlling this pandemic which underscores the urgency of this decision paper to be reviewed and 
finalised sooner. The concer n and urgency as mentioned have been reflected and accommodated in 
the preambular paragraph of this revised draft decision paper.  
117.  We have noted that the COVAX Facility despite its critical role, still falls far behind in terms of 
its perceived target of p urchase and vaccination coverage. This is due to numerous factors most of 
which are well known which is closely related to production and supply chain limitations . Thus, it 
would be unwise for the global community to remain solely reliant on a single arm o r entity to answer 
the global surge in demand especially so for the developing Members who are still far behind.  
118.  The rate of vaccine coverage remains unequal for all societies some of which are quite  more 
fortunate than others. This deficiency requires gl obal and multilateral collaboration and efforts not 
only in funding the COVAX facility but more so in other innovative measures to boost the production 
and supply of COVID -19 preventative tools to strengthen public health measures. Fiji is thankful to 
its neighbours Australia, New Zealand, India the WHO and partners for their continued assistance to 
Fiji and the Pacific in these recent weeks, however we are equally mindful of our small island 
developing states community likewise those developing members who  are still far behind in their 
vaccination.  
119.  Further we are not only talking about vaccine, we need to think of all other tools such as 
therapeutics, diagnostics, PPEs and so on which needs to be diversified and scale -up to curb the 
evolving mutations and to sufficiently equip our various health centres and bring confidence back to 
our public health facilities and economies. All th is has been addressed amicably in the preambular 
section of the draft decision paper.  
120.  In terms of multilateral cooperation, we h ave heard in addition to the co -sponsors, the wide 
spectrum of support of the international organisations, and worldwide support from the general 
public . Thus, it 's only fair that we give a chance to the WTO and all its Members to progress forth 
together i n solidarity.  
121.  Vaccine is a global public good . Our economies are fragile and rely on its service sector such 
as tourism to revive the economy. Without this, reviving the economy would remain challenging and 
its difficult for the travelling public, includi ng investors to find confidence in any economy.  
122.  The proponents remain flexible to consider views as we dwell on the text to finalise this long -
standing discussion in light of the urgent need to act to ensure that no one is left behind.  
123.  Regarding the proce ss, we have noted the indicative dates of upcoming meetings . However , 
in view of the textual discussions that need to be pursued, we would welcome comments in any 
format by delegations. In addition, we would also welcome more regular consultations facilita ted by 
the Chair in various predictable configurations to at least finalise this text to be presented to the July 
General Council. Beyond the summer break would be quite difficult as we have various other 
competing priorities to address before MC12. The tw o months before us we believe should be 
sufficient to gather comments and responses in view of the urgency.  IP/C/M/99/Add.1  
 
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  1.18  China  
124.  We support the status report drafted by the Chair as it reflects the current discussion status in 
an objective and neutral way. China is willing to continue to engage constructively and work with 
other members to find effective solutions to address the proponents ' concerns.  
125.  The TRIPS waiver proposa l has been discussed at the TRIPS Council for over half a year and 
the consultation clarifies relevant matters and helps members understand each other. China thinks 
that the waiver proposal is an important possible way to improve the accessibility of COVID -19 
vaccines. We acknowledge the legitimacy of proponents ' requests and appreciate proponents ' 
positive efforts in advancing the proposal. Therefore, we support continuing our discussion on the 
waiver proposal at the TRIPS Council and stand ready to work w ith other members with a view to 
bringing the discussion into the text -based phase and reaching satisfactory outcome at the earliest 
date. We look forward to a revised proposal to be submitted by sponsors and believe that updating 
the proposal will be a cr ucial step to bridge gaps, attract convergence and lay a good foundation for 
future discussions.  
126.  We believe the global pandemic requires global response. Recently, China 's President Xi 
emphasized again the importance of international cooperation on the R&D , production and 
distribution of vaccines at the opening ceremony of the Boao Forum for Asia Annual Conference 
2021. We notice with great sympathy that some parts of the world are undergoing an increasingly 
serious pandemic situation. China is willing to p rovide aid and support as needed by local people. In 
addition, China is actively supplying vaccines to middle - and low -income countries, and Chinese 
vaccine manufactures have established technology transfer and cooperation partnerships with local 
enterpris es in some developing countries. China also provided aid of emergency goods to over 160 
countries and international organizations and will continue to make contributions to the global 
combat against the pandemic.  
1.19  Vanuatu  
127.  I would like to thank you for the report that was presented and we support the report w hich 
reflects  the factual situation , and the fact s that it sets out are much welcomed.  We congratulate you 
Chair for your appointment and we affirm our support to you as  you conduct our proceedings from 
now on.  
128.  This crisis is a scourge  in the human history a nd we are clearly aware that the speed of 
manufacturing  COVID -19 vaccines we believe  must be accelerated . Not only that , but even with the 
current production , the annual access to  the current production  is clearly  unacceptable . We express 
our support for the proposal by India and South Africa  which aims at  vastly  increasing the production  
and allowing the licensing and m anufact uring capacity to be fulfilled and to ensure that the vaccine  
scarcity be addressed. This is not only for the goodness of one country . This is for the good of the 
global community . We are, for example , a small island and v ulnerable country which is already  
becoming a country that has no access to the vacci nes. And if we do not have access to the vaccines  
as quickly as we can, what does it means for our  local community ? 
129.  We align ourselves with the statement by Chad on behalf of the LDC Group and we call on a ll 
Members to support the waiver proposal and we look forward to text-based  negotiations that must 
be conducted as soon as possible . 
1.20  Switzerland  
130.  Thank you, Chair, for consulting with Members the draft for your oral status report on the 
Council 's discussion on this item to next week 's meeting of the General Council. We fully support 
your status report.  
131.  On the Waiver request, worldwide, the COVID -19 pandemic continues to have far -reaching 
negative impact on publi c health, the economic and social well -being. We are particularly concerned 
about the worrying news from India about the impact of the 2nd wave. The pictures we see and the 
loss of lives suffered are devastating. The Swiss Government has offered its suppor t to India for its 
efforts to address this public health crisis.  IP/C/M/99/Add.1  
 
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  132.  While the fight against the pandemic must be fought on many fronts, clearly, scaling up 
manufacturing of COVID -19 vaccines to achieve global access as efficiently and effectively as possible  
must be a priority. Switzerland supports all initiatives and measures, which truly help enable, in a 
practical manner, to scale -up manufacturing and to advance global access.  
133.  Among practical and hands on initiatives, I cite COVAX first, the international  initiative under 
the leadership of WHO, bringing together Member states, international organizations and other public 
and private stakeholders as partners to work together towards the goal of global access to COVID -19 
vaccines. The Swiss Government, in ad dition to its substantial financial contributions of last year, 
approved last Wednesday, a further 300 Million CHF to support the Access to COVID -19 Tools 
Accelerator initiative.  
134.  Vaccine supply chains are international. This is evidenced by the example of the 
BioNTech/Pfizer vaccine, which contains more than 280 ingredients and components, sourced from 
19 countries.  Other novel vaccines, such as those from Moderna or Johnson & Johnson are similarly 
complex. The WTO and its Members have a key role to play in  addressing the challenges to scale -up 
manufacturing.  
135.  Members can contribute to making increased production and global access happen faster and 
better with appropriate national policies. For example by way of implementing trade facilitating 
measures and b y avoiding trade -restrictive measures such as export restrictions, tariffs or other 
administrative measures which come in the way of a smoothly functioning transnational supply chain.  
136.  The Trade and Health Initiative initiated by the Ottawa Group addresses  these factors and 
promotes transparency in trade -related measures. Generating more information and data along the 
value chains, in cooperation with the private sector and relevant international organizations, is 
equally important to better understand the complexity of global value chains for medical goods, 
including vaccines, and foster efficient and coherent trade policy making.  
137.  To achieve scaling up of manufacturing in a quick, safe, and effective manner, cooperative and 
collaborative approaches are in our view most promising. We therefore thank the DG for her 
engagement and organization of the COVID -19 Vaccine Equity Event on 14 April. Switzerland follows 
with interest the initiative of the DG to engage the WTO helpfully as a facilitator in bringing tog ether 
vaccines developers with manufacturers that are qualified for the production of the new COVID -19 
vaccines or that can meaningfully contribute to its scale -up.  
138.  We encourage those delegations who have knowledge about such qualified manufacturing 
capac ity lying idle in their country or region, to come forward with this information, in a substantiated 
manner, so that it can be fed into this initiative and the further process. For this cooperation, and 
for the partnerships mentioned, to have a reliable an d stable international regulatory framework to 
build on is an enormous asset. This reliable basis is all the more important in times of crisis, as in a 
pandemic like COVID -19, where we face manifold new challenges and grapple to keep up with new 
and seriou s developments to adapt our strategies against the virus almost every day. The 
TRIPS  Agreement builds such a stable, reliable international regulatory framework.  
139.  It has been recalled many times in our discussion that the TRIPS Agreement also provides the 
necessary balance, means and remedies to allow the use of protected content and or product if 
needed in individual cases. Such legal guidance is needed - and particularly useful - in crises such 
as this pandemic, in which time is of essence. WTO Members ha ve introduced these rules in the 
TRIPS Agreement also - and in fact, in part specifically - to take into account public health 
emergencies. Switzerland fully acknowledges that compulsory licenses are a flexibility that the 
TRIPS  Agreement provides in its A rticle 31 for Members ' use, as also confirmed in the separate 
Doha Declaration on the TRIPS Agreement and Public Health. Under this article, a compulsory license 
can be issued promptly and in the case of an emergency, like the COVID -19 pandemic, without pr ior 
negotiations with the right holder.  
140.  We have heard from some delegations that Members may face difficulties in making use of 
these flexibilities. As others, my delegation is open to discuss difficulties that Members have 
encountered in practical instanc es when actually wanting to make use of these TRIPS flexibilities. In 
reaction to our question in relation to the impact of a TRIPS waiver on existing manufacturing 
partnerships, South Africa, at our last informal meeting, answered that it expects no impac t and that IP/C/M/99/Add.1  
 
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  these collaborations CAN continue; and that, anyway, the proposed TRIPS waiver is proposed for a 
time-limited duration.  
141.  However, this response does not allay our concerns.  Switzerland is not home to a COVID -19 
vaccine developer. However, a numb er of Swiss pharmaceutical companies are contractual 
manufacturers and suppliers to foreign vaccines developers. Suspending TRIPS risks throwing into 
uncertainty also these partnerships.   
142.  Further, we fail to understand how the effects of a TRIPS waiver cou ld be time limited. In 
particular, how could inventions made and used during a TRIPS waiver still claim IP protection after 
the waiver has ended? Technology and proprietary information, once disclosed and shared, can no 
longer re -enter the status of being "un-disclosed " or "un-shared ". Once made public, without IPR 
coverage, they fall into the public domain. Accordingly, the proposed waiver would have effects and 
affect the innovation landscape and pandemic preparedness for many years after its effective 
duration.  
143.  The global community, the private sector and we as WTO Members must now step up efforts 
to scale -up global manufacturing of COVID -19 vaccines and to ensure equitable, timely and 
affordable access. In these efforts, my delegation considers the TRIP S Agreement as part of the 
solution - and thus, as one tool of a broader toolbox helping us to win the battle against this 
pandemic.  
1.21  Paraguay  
144.  "None of us will be safe until everyone is safe ". This is the phrase that we have heard repeatedly 
and which makes us question the impact of multilateralism for the benefit of all the countries 
represented here. We fully agree with the Membership that global cooperation and collaboration are 
key to addressing the COVID -19 pandemic.  
145.  However, what must be emphasized is the fact that initiatives such as the COVAX mechanism 
have proved to be insufficient, and so there is a pressing need for reinforcement and innovation 
through alternatives that enable a rapid increase in the production of vaccines and their 
corresponding distribution and use as soon as possible.  
146.  Paraguay has had limited access to vaccines. However, we must acknowledge the generosity 
of a number of countries such as Chile, the United Arab Emirates, Russia and especially I ndia, which 
have worked together with our country in the provision of vaccines, thus contributing to the 
beginning of the long -awaited immunization of our population.  
147.  We also understand that the financial contribution of other countries to the COVAX initia tive is 
very important for its functioning, but this financing is of little use if we are unable to access the 
purchase of vaccines or if they are not distributed fairly, and even more so if emergency situations 
and the epidemiological characteristics of t he moment are not considered in the criteria for 
distribution.  
148.  If we talk about financing, Paraguay has paid for the equivalent of 4,300,000 doses – enough 
to immunize the entire adult population. However, in view of the hoarding of vaccines by just a few 
Members, so far we have received only 170,400 doses through the COVAX mechanism. Because of 
this hoarding of vaccines, procurement contracts with COVAX and other suppliers continue to be 
unfulfilled.  
149.  Hence, proposals such as that of India, South Africa and  the other co -sponsors put forward 
alternative courses of action and place the debate on the agenda, as reflected in the media around 
the world. The proposal can, of course, still be adjusted and discussed, but we believe that it is being 
put forward in th e spirit of a joint search for swift responses to this inequality that is worsening day 
by day.  
150.  The lack of alternatives in this field and the weak response of the multilateral system today 
means that some of us Member countries find ourselves in the situa tion of reassessing our position 
not only regarding the waiver proposal but also regarding the very relationship between intellectual 
property rights and their linkage to health as a fundamental right.  IP/C/M/99/Add.1  
 
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  151.  We appeal to the Membership to intensify efforts to ac hieve positive outcomes and to recall 
that Article 8 (Principles) of the Agreement on Trade -Related Aspects of Intellectual Property Rights 
(TRIPS) states that appropriate measures may be needed to prevent the abuse of intellectual 
property rights by the r esort to practices which unreasonably restrain trade or adversely affect the 
international transfer of technology.  
1.22  European Union  
152.  Chair, please accept congratulations of the European Union on your appointment. We also 
thank you for the preparation of the status report, which we fully support. We would like to refer to 
the statement made by the European Union in the informal TRIPS Cou ncil meeting on 22 April, which 
we will summarise to a certain extent today. The pandemic continues and so must our efforts to 
ensure equitable distribution of COVID -19 vaccines.  
153.  As we have mentioned in the previous sessions, there are many promising avenues that the 
WTO can and must take in order to contribute to the objective of equitable distribution of COVID -19 
vaccines. The WTO event on equity of vaccine distribution of 14 Apr il has shed further light on the 
fact that the equitable access requires very close cooperation between governments, regulators, 
financial institutions and companies themselves to scale up production. To do that a scale -up must 
take place across the whole value chain. There is a need to have more information about markets, 
supply chains and government measures. Some of these elements are included in the Trade and 
Health Initiative proposed by the Ottawa Group.  
154.  Another element is the collaboration with indus try - given the urgency and technical complexity 
of manufacturing COVID -19 vaccines, governments should facilitate broad and global co -operation 
between vaccine developers and manufacturers including through transfers of technology and know -
how. This is th e best way to speed up supply in the EU and globally.  
155.  While we see the main solution to this crisis in the intensified collaboration with the industry, 
should the voluntary solutions not be available, we consider that the TRIPS Agreement and the 
principle s 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 health ca re, on the other hand. This 
concerns especially the possibility of granting compulsory licences, including for export purposes.  
156.  We have noted carefully the difficulties conveyed by some Members with regard to the 
implementation of the TRIPS Agreement flexi bilities, and we are 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 are ready to work with you, Chair, on this matter in various formats 
– small group consultations, informal and formal meetings to advance evidence -based discussion.  
157.  The EU remains committed to an open and comprehensive dialogue with all WTO Members to 
explore how the multilateral rules -based trading system can best support uni versal and equitable 
access to COVID -19 vaccines and treatments.  
1.23  Uruguay  
158.  The factual report prepared by the Chair and the consultation process among Members reflects 
how this Council can contribute to the fight against th e pandemic. Uruguay is closely following the 
discussions on how Members can find robust, rapid and universal responses to the COVID -19 
pandemic.  
159.  Our country maintains that the multilateral trading system, and in this case, the matter of 
intellectual proper ty rights, must be robust and respected. Exceptions should be made on a 
case-by-case basis and in exceptional circumstances. At this stage of the discussions, we can say 
that there is consensus for an increased production of vaccines and other medical inpu ts for 
treatments. The question is what the best way to achieve this goal is, and part of the answer is for 
it to have a rapid impact on the lives of our peoples.  
160.  In this regard, taking into account the TRIPS Agreement and the Declaration on the 
TRIPS  Agreement and public health, Members must make every effort to ensure that the voluntary IP/C/M/99/Add.1  
 
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  transfer of licences and incentives to lower costs through economies of scale takes place in the short 
term. This transfer must be made on the basis of mutual benefit amon g the Parties, which is expected 
to stimulate and fund further scientific research. We consider that strengthening the tripartite 
dialogue between Governments, patent and licensing developers, and producers is a realistic and 
practical solution. We also be lieve that Governments must lead this dialogue, in defence of the rights 
of their peoples, and through the application of their domestic legal regimes.  
161.  Let us use Articles 31 and 31 bis of the TRIPS Agreement, which provide us with tools that are 
already av ailable. Uruguay is part of COVAX. We thank the Members who have led this initiative and 
invite them to make it more efficient and truly reach all the countries that have already paid for 
vaccines and have not yet received them. While the COVAX initiative is the greatest expression of 
international cooperation in this area, we can all agree that it has not met the expectations of any 
of the stakeholders involved.  
162.   In keeping with our dedication to multilateralism, we are willing to sit down to negotiate a 
text that would enable us to achieve a concrete outcome at the Ministerial Conference in December. 
As to the format of this text, we will participate in the discussions to assess the best means of action. 
The WTO must maintain its role of monitoring trade, administrative and technical measures that 
adversely affect the production and marketing of vaccines and medicines. We invite it to continue 
coordinating actions with WHO and WIPO.  
163.  Uruguay understands that there are political and public pressures in each M ember State in 
these challenging times, but this pandemic will not end until the virus is brought under control on a 
global scale. Nobody is safe until we are all safe.  
1.24  United Kingdom  
164.  As this is the first time this  delegation speaks in a formal setting since your election as 
TRIPS  Council Chair, we would like to congratulate you. The UK welcomes the text of the status 
report and is content for it to be delivered at the upcoming General Council, and we thank you for 
having consulted the membership on this matter.  
165.  At the 22 April informal Council and subsequently in writing, the UK shared questions with 
proponents regarding the proposal 's optional national implementation and how subsequent legal 
disparities would be co nducive to certainty for manufacturers. These questions are intended to 
advance discussions and aid in finding effective solutions. Therefore, we hope for constructive 
engagement to help achieve our shared aim of increasing the availability of COVID -19 vac cines, 
diagnostics, therapeutics, and ending this pandemic.  
166.  Advancing evidence -based discussion complements the global roll out of vaccines. The 
Oxford -developed and AstraZeneca -produced vaccine is a good example of this unprecedented 
international effort . AstraZeneca has made great commitments to global equitable access, as 
demonstrated in their partnership with the Serum Institute of India to provide 1 billion doses to 
low-and middle -income countries, and the UK government is fully supportive of these ef forts.  
167.  AstraZeneca has already entered more than a dozen collaborations in countries around the 
globe, for example in China, Mexico, Brazil, Russia, South Korea, and India, to deliver billions of 
doses. We must now facilitate more partnerships like this t o ramp up global manufacturing output. 
And we must ensure that wider supply chain issues including skills and raw materials shortages plus 
other trade barriers such as export restrictions do not impact on the ability of these partnerships to 
deliver. This will require industry, developers, and manufacturers alike, to collaborate in making 
available the information needed to engage in these effective partnerships.  
168.  While there is much to be achieved, we are pleased to see recent action to support IP licensing  
and manufacturing including the signing of non -exclusive voluntary licensing agreements with five 
generic manufacturers for a COVID -19 therapeutic and ongoing discussions to license this 
therapeutic through the Medicines Patent Pool. We would encourage su ch initiatives to continue and 
to expand in scope. We also note with interest that members are intensively exploring the use of the 
TRIPS flexibilities.  IP/C/M/99/Add.1  
 
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  169.  The continued emergence of multilateral initiatives to help prevent, treat, and contain 
COVID -19 are we lcomed by the UK. For example, the announcement of a COVAX Manufacturing 
Taskforce and the recently announced WHO mRNA technology transfer hub are further steps to 
ensuring intellectual property continues to be managed to support the global response to COV ID-19 
while looking at the whole of the supply and manufacturing chain. We continue to encourage the 
WHO, WIPO, and WTO to work together closely on these initiatives under the auspices of the 
established trilateral cooperation and beyond.  
170.  Frequent discussi ons on the waiver proposal have reinforced all Members share an ambition to 
end this pandemic as soon as possible. Differences of opinion do though remain as to the most 
effective means to achieve our shared aim. Through sustained and constructive engageme nt, we can 
move closer to ending the pandemic. The UK continues to stand ready to engage further to 
accomplish this objective.  
1.25  Indonesia  
171.  We would of course join others in congratulating you for your appointment as the C hair of the 
TRIPS Council. We also appreciate and support your draft oral status report. We would like to support 
the views of the Co -sponsors on this very important issue.  
172.  We believe there is no higher right in the world than saving people 's lives regardl ess of their 
status or citizenship. The opponent of this Proposal believes that there is no sufficient eviden ce that 
the Waiver will expand the access of vaccines and other medical products for the COVID -19. 
Furthermore, the Proposal, they said, will disin centiv ize innovation in fighting against COVID -19 and 
any future pandemic.  
173.  We disagree with such views. The stark evidence in front of us is showing that the current 
voluntary system is not sufficient. The voluntary global cooperation under the COVAX Facility is also 
struggling to get enough supply of vaccines , and the C -TAP is s itting idle with no private entities 
interested . In addition, the vaccine event held by the Director -General has yet to generate real 
improvement on access to developing and LDCs.  
174.  Giving the impact of the COVID -19 on our lives and the global economy, ther e is simply no 
other way than putting mandatory action to improve access. But we have heard that isolated 
mandatory action such as in Article 31 and 31bis will not be enough to enhance global enough. Co -
sponsors and Indonesia have show n the reasons and exa mples.  
175.  The Waiver for certain provision of TRIPS, meanwhile, is indeed not a tested mechanism. But 
what are our options at this moment? Are we going to wait for market mechanism to increase the 
supply and access? The history, as has been mentioned by the Ambassador of South Africa in case 
of HIV AIDS, is not in our side. We must take immediate action on this issue. Further delay will cost 
more lives and will create further uncertainty to the global recovery. The Waiver is the best option 
that we have and h ence, we urge members to reconsider their position on this proposal.  
1.26  Chinese Taipei  
176.  We would like to thank India and South Africa for submitting document IP/C/W/669. Chair, we 
would also like to thank you for the status report that you issued earlier this month and wish to 
express our support for the suggested language contained therein.  
177.  Previous discussions have highlighted members ' differences of opinion on whether a common 
goal should be achieved by (a) waiv ing the relevant protection obligations 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.  
178.  We believe that there are certain flexibilit ies in the "Declaration on the TRIPS Agreement and 
Public Health " of 2001, especially on the use of compulsory licensing of patented medicines. From a 
practical perspective, it might be useful for Members to review what aspects in the 2001 Declaration 
are actually not sufficient for the purpose of effectively addressing the current pandemic. If, after 
the review, the flexibilities provided in the 2001 TRIPS Declaration is not sufficient, Members might 
need to work together to decide either improving the 200 1 TRIPS Declaration or adopting certain IP/C/M/99/Add.1  
 
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  additional decisions to cope with the current pandemic. We hope that a practical approach can help 
move forward toward resolving the difficulties we currently face.  
179.  For the way forward, members should continue discus sions to achieve a solution that is 
agreeable to all. We welcomed the text -based discussion from the proponent. In doing so, we hope 
to reach a consensus and paves the way for an effective response to the pandemic.  
1.27  Cameroon  
180.  My delegation would , first of all , like to extend our thanks to you for your efforts to make 
progress in th is debate. On the theme , we would like to welcome the efforts  that have been made 
from Madam Director -General for the facilitation of access to vaccines as well as facilitating 
discussions amongst Members.  We would also like to express  our solidarity for all of our friends in 
India that are facing up to a violent wave of the COVID -19 pandemic . This wave shows just how 
much developing nations are suffering and are difficult for them to protect their populations. At the 
moment we must stress that vaccines  access is still in sufficient and this insufficien cy is very 
unequally  distributed around the wor ld in the different regions .  
181.  Producers and manufactures and the eruption of new variants , the concentration of production 
apparatus in certain states and certain entities , the lack of willingness of certain Members of industry 
to provide access or licence s makes it increasingly difficult  to vaccinate our populations around the 
world . We said this before and we will str ess it again : no single measure taken , in fact , will solve the 
urgent problem that we are currently facing. None will be a miracle cure . But if no measure can be 
a miracle cure we must stress all the same as s trongly as we can that one measure which might 
save one human life , would be very welcome . That certainly would not be an excess  - any measure 
that c an save  lives would be very welcome  at this  stage . 
182.  We cannot hide behind the complexity of this issue to automatically reject any discussion on a 
series of exceptional measures  which seek to lift the contextual constraints which are in place as a 
result of the TRIPS Agreement . That is not the aim of this august  assembly .  
183.  Cameroon would encourage all parties to become involved in a substantial discussion on the 
text, particularly on the proposals put before  us by India and South Africa which can be an acceptable 
basis of discussion on this k ey issue . Our delegation would therefore recommend that all other points 
that have been raised which would be of interest for party  such as license s facilit ation, the reform of 
pharmaceutical infrastructure, be considered jointly at this stage and that w e make the most of this 
discussion for the long term to understand how we can address potential future pandemic s. 
184.  We need action on this text which produces definitive results . An action which is pragmatic 
which allows access to vaccines  and allows us  to use  these vaccines.  We must remove the textual 
restrictions in order to make progress on this, we must be diligent in our action, because we must 
understand the urgent  need for action  - that is why we hope that together we will work constructively 
and consensually to join our efforts in all these bodies  to provide a satisfactory response on this 
issue. Once again , Cameroon  is committed  to work with all parties in order to achieve effecti ve and 
concrete r esults under the aegis of your guidance.  
1.28  Singapore  
185.  Let me start by affirming that Singapore supports the transmission of the short and factual 
report from the TRIPS Council to the General Council. Allow  me to now make three brief points.  
186.  First, we are all on the same page. We all agree that the road to recovery from the COVID -19 
pandemic will be a long and painful one. This is evident as many countries, including some with large 
vaccine production capac ities, continue to struggle with multiple waves of infections. Hence, it is 
imperative that Members objectively answer a fundamental question, namely, how and to what 
extent, would the TRIPS waiver proposal increase the global supply of vaccines.  
187.  Second, I  believe that we are all headed in the same direction – which is to increase production 
and enhance the distribution of vaccines. We have been engaging actively  with each other to one, 
understand the complexities and challenges involved in ramping up produ ction of COVID -19 vaccines 
and two, find a practical and pragmatic way forward. In this connection, the vaccine event on 14  April IP/C/M/99/Add.1  
 
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  was extremely useful in bringing together all the key stakeholders, ranging from vaccine developers 
to manufacturers as well a s civil society organisations (CSOs). It was an excellent opportunity to 
hear real -life accounts from practitioners who are involved in the development, manufacture and 
deployment of vaccines. The key take -away for me was that the process of developing and  
manufacturing vaccines and getting them into the arms of people is neither straight -forward nor 
linear. On the contrary, it is highly complex and involves many moving parts. What this means is 
that there cannot be one "silver bullet " that will solve the current shortage of vaccines. Hence, 
Members must seek a holistic response that strikes a balance between adopting practical steps in 
the short term and starting to think about how to ensure that the WTO is better prepared for the 
next pandemic in the longer term.  
188.  Third,  if we can agree that our destination is the same – the next question is, what is the best 
way to get to there?  There is no simple answer, but  we will need to keep engaging each other in 
good faith to find a pragmatic s olution. We need to agree first on what are the obstacles we face in 
scaling up vaccine production. We have heard from experts and manufacturers, who have clearly 
identified impediments such as export restrictions, disruptions to supply chain connectivity and 
domestic regulations as the real limiting factors. These are factors that cannot be addressed by the 
TRIPS waiver proposal.  
189.  Let me conclude with a medical analogy. It stands to logic that when a doctor treats a patient, 
he must first diagnose the cause  of the illness properly in order to prescribe the correct medicine. In 
this case, we know that the global shortage of vaccine is the illness. Based on the diagnosis of 
experts, there are multiple causes, including the fact that the vaccine production proc ess is highly 
complex, resource -intensive and multi -faceted. Hence, it is futile to search for one single magic pill 
that can cure this illness. Rather, it requires more than just collaboration between vaccine and 
developers, but also commitment from Membe rs to avoid imposing export restrictions, to streamline 
customs and regulatory procedures and ensure supply chain connectivity, so that the vaccines that 
are produced can get into the arms of our people. We must work together to overcome the COVID -19 
pande mic.  
1.29  New Zealand  
190.  New Zealand welcomes the constructive approach taken in recent meetings of the 
TRIPS  Council. As we work toward our joint ambition of global, equitable access to vaccines, it is 
important that Member s engage in evidence -based conversations so we can identify how the WTO 
can most effectively facilitate access to vaccines for all. Conversations between Members, industry 
and other stakeholders have served to illustrate the complex supply chain relationsh ips which enable 
manufacture and supply.  
191.   In this Council, our goal is to understand the role that intellectual property rules play in 
pursuing our joint ambition. The exchange of perspectives to date has shed light on this relationship. 
IP can provide cer tainty for parties to invest in manufacture and distribution, share information, 
collaborate and enter new markets. It 's important that we have rules which will support our 
continuing efforts in combating the evolution of this pandemic and allow effective preparation for 
future pandemics. But, it 's also important that IP protection provides benefits when we most need it 
to. We must live up to the spirit of the Doha Declaration in considering the balance struck in the 
current TRIPS rules.  
192.   In this regard, we 've noted recent comments on the value of clarifying, highlighting and 
facilitating the utilisation of the TRIPS flexibilities and the principles within the Doha Declaration. We 
look forward to hearing further perspectives on these initial suggestions. We are happy to discuss 
any proposal which reflects the evolving expert opinion on the role that IP plays in enabling access 
to vaccines. That expertise exists both within this Council but also from outside. We remain 
committed to pursuing our joint ambition,  whatever form that takes.  
1.30  Japan  
193.  Japan appreciates the efforts made by the Chair and the Secretariat to convene this 
TRIPS  Council meeting. Japan considers it important to aim at leaving no one behind in achieving 
Universal  Health Coverage in response to COVID -19 and Japan has been proactively contributing to 
multilateral schemes such as the ACT Accelerator, the COVAX Advance Market Commitment (AMC). IP/C/M/99/Add.1  
 
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  Especially, Japan will co -host the "COVAX AMC Summit " with Gavi in June, an d will continue to 
support COVAX Facility together with the international community, by facilitating international 
financial support for COVAX.  
194.  In parallel with the support for COVAX Facility, Japan is making complementary contributions 
to developing coun tries in order to contain COVID -19. For example, Japan has also been supporting 
construction of vaccination system to 25 Southeast and Southwest Asian and Pacific Island countries 
by providing cold -storage facilities and transportation through UNICEF as "Last One Mile Support " to 
deliver vaccines to each person. On April 27, the government of Japan decided to extend such 
assistance to 31 Latin America and the Caribbean and African countries through Emergency Grand 
Aid of approximately 39 million US dollars.  
195.  Furthermore, Japan is contributing to the Global Fund, and the Medicines Patent Pool through 
Unitaid for promoting the distribution of medical products. In addition, it is essential to encourage 
technology transfer in cooperation with pharmaceutical companies in order to sca le up the production 
capacity of vaccines. In this context, Japan supports the initiatives by WTO Director General to find 
a "third way " by having dialogues with pharmaceutical industries.  
196.  We are convinced that these efforts are practical and effective fo r achieving timely, fair and 
equitable access to medical products. We will contribute to the discussion at the TRIPS Council, as 
the proponents clarify how the proposed waiver on the TRIPS Agreement relates to real solutions to 
the concrete challenges that  we have been facing, through increased production and procurement 
of COVID -19 vaccines, therapeutics, diagnostics and other medical products. Japan remains 
committed to combatting COVID -19, together with the international community.  
1.31  Australia  
197.  Australia was pleased to deliver a detailed intervention at last week 's informal TRIPS Council 
session, and we 'd like to take this opportunity to reiterate our commitment to finding pragmatic and 
consensus -based outcomes. We also remain committed to ensuring that the TRIPS Agreement 's 
public health flexibilities offer practical support for all countries responding to the grave challenges 
posed by COVID -19. We look forward to working with TRIPS Council members to support the 
increased global manufacture of safe and effective COVID -19 vaccines.  
1.32  United States of America  
198.  The United States supports the Council 's status report to the General Council for next week 's 
meeting. The top  priority of the United States is saving lives and ending the pandemic in the 
United  States and around the world.  
199.  As Ambassador Katherine Tai, the United States Trade Representative, said in her remarks at 
a World Trade Organization (WTO) virtual conferenc e on April 14, these extraordinary times require 
extraordinary leadership, communication, and creativity. Our USD 4 billion commitment to COVAX 
demonstrates America 's leadership and determination to support equitable distribution of vaccines 
and funding gl obally.  
200.  The United States is committed to working together with WTO Members on a global response 
to COVID -19. We will continue to engage in discussions with other Members to explore pragmatic 
and effective steps that support the production and equitable di stribution of vaccines.  
1.33  South Africa  
201.  I take the opportunity to thank the Members that have taken  the floor . There were  a couple of 
questions and comments that we will  quickly respond to.  With regard to Switzerland , of course, as 
colleagues indicat ed, there has been a respon se in this regard , but they are still concerned . In our 
view we really do not  see how the wa iver would be perceived to preclude the possibility of companies 
agreeing to voluntary licenses. What the waiver would do is to provide a viable option when 
market -based  solution s are ineffective which is increasingly the case as we speak . 
202.  We want to reiter ate that the majority of the current manufacturing agreement are contract 
manufacturing  - the fill and  finish . So even if we get the waiver , manufacture rs that are interested IP/C/M/99/Add.1  
 
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  in fill and  finish can continue to do so . We also heard from a number of Members , and the EU 
included , that the TRIPS flexibilities , if voluntary licences  are not w orking, are a viable option.  We 
have to re iterate , in our view, the number of  Members that  have also taken the floor to indicate the 
current challenges in implementing the  TRIPS flexibilit ies.  
203.  In our view , the TRIPS flexibilities where never design  for a global pandemic and, as we 
indicat ed before , both Articles 31 and 31 bis are territorial  in nature, are on a case-by-case basis, 
raising a lot of difficulties in  using them in  responding to a pandemic of this nature . Other colleagues 
also raised the issue around other global initiative s such as COVAX  and ACT -A. We want to reiterate 
such as many members that have taken the floor, that these have not been sufficient for the global 
demand . We all know that COVAX  only covers 20 % of the global population  of the participating  
countries, and what the waiver does is to complement this initiative . Other M embers also emphasized 
that COVAX  provide s only 40  million doses , which is clearly  way short  from the 2 billion doses that 
COVAX is looking to secure . 
204.  With regard to the wa iver and  the impact on R&D, I think that we have also stated before and 
will reiterate  that the wa iver is temporary and limited only to COVID -19, and is implemented as an 
exceptional measure i n the context of this pandemic . It should not , it will not  be extended to other 
sectors  nor other diseases . So this w ill not affe ct and have an impact on the R&D and innovation 
because it is limited and is only in response to the current epidemic.  
205.  We also reemphasize that pharmaceutical companies  had been able to deliver in a short space 
of time  because of  contribution s of public fu nding as well  as the contribution from a number of 
scientists in such a way that there was a collaborative  effort . What will help to resolve this pandemic  
is a collabo rative effort  also from the companies elsewhere .  
206.  On how the wa iver would support the sharing of technology  and know -how there is the case 
of remdesivir , where freedom to operate remove d the barrier of IP and has led to manufacturing and 
diversification of supplies beyond the limited few licenses that Gilead was  able to offer . So it is the 
same  thing that , once we have the waiver  in the case of vaccines , there will be  freedom to operate 
to manufacture rs that  have the capacity , that have capacity  that is sitting  idle and, with the transfer 
of technology and know -how, that capacity can be ramped up, and it will be able to make a 
contribution to addressing the current challenges that we have with supplies . While we do appreciate 
the fact that we have a shared understanding of the problem as  raised by Singapore , I think we have 
been discussing  and trying to def ine the problem for th e last six months , and it is important that we 
look at moving to wards  good-faith discussion s and solution -oriented discussion s and using 
Singapore 's analogy: if you  continue to d iagnos e the patient for six months , the patient may die. I t 
is now time to move forward in treating t he patient. O f course , the co -sponsors are not saying that 
IP is the only barrier, we are saying that IP is one of the barrier s and there are other barrier s that  
of course  need to be addressed by other bodies of the W TO that have the mandate in some  cases, 
and require solution s of the implementation at a national level, but what we have within the context 
of the TRIPS A greement is IP, and i t is important  that we find a solution when it comes to the IP . 
207.  So we hope that we can really be supported by many Members, that it is time th at we move 
towards the text-based  negotiation  and w e look forward to constructive engagement with Members 
and will continue with the consultations  and presented text, and hope that now we can move towards 
text-based negotiation . 
1.34  Angola  
208.  Thank you Chair for giving us the floor and we take good note of our report. Angolan delegation 
is in line with the statement made by South Africa, India, Chad on behalf of the LDC and Tanzania 
on behalf of the African Group. Our Countries co ntinue to face great difficulties in achieving their 
development -related objectives, given their economic, financial, and administrative needs and 
limitations.  
209.  The current situation, of COVID -19, of which the world and especially the developing countries 
and LDCs, feel double difficulties, not only in matters specifically related to health, as well as the 
lack technological equipment for other sectors to support the development. With this pandemic we 
must work together for the good of the world and not with  the idea that each continent solves its 
problem.  IP/C/M/99/Add.1  
 
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  210.  We have many reasons to request the Members of this Council once again to consider the 
proposal on waiving certain provisions of the TRIPS Agreement for the prevention, containment, and 
treatment of COVID -19. 
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