WT/GC/W/913  
IP/C/W/694/Rev.1  
 
4 December 2023  
(23-8234) Page: 1/3 
General Council  
Council for Trade -Related Aspects of   
Intellectual Property Rights  Original: English  
 
  
DECISION TEXT ON EXTENSION OF THE 17 JUNE 2022 MINISTERIAL DECISION TO 
COVID -19 THERAPEUTICS AND DIAGNOSTICS  
COMMUNICATION FROM THE DELEGATIONS OF BANGLADESH, THE PLURINATIONAL STATE OF 
BOLIVIA, EGYPT, INDIA, INDONESIA, PAKISTAN, SOUTH AFRICA AND  
THE BOLIVARIAN REPUBLIC OF VENEZUELA ON BEHALF OF THE  
CO-SPONSORS OF THE IP/C/W/669/REV .1 PROPOSAL  
The following communication, dated 1 December 2023, is being circulated at the request of the 
delegations of Bangladesh, the Plurinational State of Bolivia, Egypt, India, Indonesia, Pakistan, South 
Africa and the Bolivarian Republic of Venezuela on behalf of the Co -Sponsors of the 
IP/C/W/669/Rev.1  Proposal.  
 
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1.  On 17 June 2022, WTO Members adopted a Ministerial Decision on the TRIPS Agreement, 
document WT/MIN(22)/30  [WT/L/1141 ]. This Decision is far removed from the comprehensive 
TRIPS waiver proposal contained in documents IP/C/W/669  and IP/C/W/669/Rev.1  ("original TRIPS 
waiver proposal") co -sponsored by 65 WTO Members (co -sponsors).  
2.  A more comprehensive waiver decision as envisaged in the original TRIPS waiver proposal would 
support the efforts to ensure timely, equitable and universal access to safe, affordable and effective 
therapeutics and diagnostics, ramping up of production and expanding supply options. The MC12 
Ministerial Decision on the TRIPS Agreement (document WT/MIN(22)/30 ) is the result of over one 
and a half years of arduous and lengthy discussions on the original TRIPS waiver proposal and 
intense negotiations heading towards the 12th Ministerial Confe rence in the midst of a global crisis. 
It is of limited scope covering only vaccines.  
3.  Diagnostics and therapeutics are essential tools for a comprehensive approach to fight the 
pandemic, that it is not over. Omitting these vital tools will deter the effec tiveness of the decision 
that aims timely and affordable access to effective vaccines against the ongoing COVID -19 
pandemic.  Cosponsors have provided extensive facts and evidence, among others, in documents 
IP/C/W/670 , IP/C/W/672 , IP/C/W/673  IP/C/W/674 , IP/C/W/684  and RD/IP/49  as well as  
submissions in the TRIPS Council.  Much of which has been supported by distinguished health experts.  
4.  At a minimum, the extension of the policy tools provided in document WT/MIN(22)/30  to 
therapeutics and diagnostics will re sult in a holistic approach to enable developing countries to 
address those IP barriers that prevent the expansion and diversification of production and increase 
accessibility to crucial life -saving COVID -19 tools. The current outcome represents a 
narrow -conditioned Decision due to demands of some WTO Members, requiring significant 
compromises on the part of the co -sponsors that had hoped for greater solidarity among 
WTO Members during a public health emergency and consequently a more comprehensive waiver 
decision as envisaged in the original TRIPS waiver proposal that would support ramping up of 
production and expanding supply options.  
5.  In view of this context and paragraph 8 of the Ministerial Decision, the co -sponsors call on the 
General Council to immedia tely extend the 17 June TRIPS Decision adopted by the Ministers by 
consensus after long protracted negotiations, mutatis mutandis  to therapeutics and diagnostics. WT/GC/W/913 • IP/C/W/694/Rev.1  
 
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  WTO Members have an opportunity to show they can act promptly to respond to the ongoing 
COVID -19 pandemic and the challenge of inequitable access to therapeutics and diagnostics and 
respond to the criticism that the Decision on vaccines came too little too late.  
6.  We call on the General Council to immediately adopt the annexed decision.  
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  WT/GC/W/913 • IP/C/W/694/Rev.1  
 
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  ANNEX  
DECISION TEXT  
General Council Decision on Extension of the 17 June 2022 Ministerial Decision to COVID -19 
Therapeutics and Diagnostics (hereafter referred to as 'Therapeutics and Diagnostics Decision')  
The General Council  
Having regard to the 17 June 2022 Ministerial Decision on the TRIPS Agreement, 
document  WT/MIN(22)/30  
Decides as follows:  
The MC12 Decision on the TRIPS agreement is extended  mutatis mutandis  for the production and 
supply of COVID -19 therapeutics and diagnosti cs.  
An eligible Member may apply the provisions of this  Therapeutics and Diagnostics  Decision until 
5 years from the date of this Decision.  Any extension of the MC12 Decision on the TRIPS Agreement 
pursuant to paragraph 6 shall apply to this Decision as w ell. 
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