IP/C/100  
 
13 February  2024 
(24-1305) Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
  
PARAGRAPH 8 OF THE MINISTERIAL DECISION ON THE TRIPS AGREEMENT  
ADOPTED ON 17 JUNE 2022  
REPORT TO THE GENERAL COUNCIL  
1.  Paragraph 8 of the Ministerial Decision on the TRIPS Agreement1 adopted on 17 June 2022 
(the "Decision ") provides that  
[n]o later than six months from the date of this Decision, Members will decide on its 
extension to cover the production and supply of COVID -19 diagnostics and therapeutics.  
2.  Since the adoption of the D ecision  in 2022 , Members have held extensive discussions in this 
regard in informal consultations in various formats, as well as at all formal and informal meetings  of 
the Council for TRIPS  in 202 2 and 202 3. 
3.   Delegations have exchanged views, asked questions, and provided responses , clarifications, and 
information, including through new submissions circulated as documents RD/IP/ 49, IP/C/W/693 , 
RD/IP/51  and IP/C/W/694 . Delegations engaged actively  and their detailed substantive exchanges 
helped clarify various aspects and nuances of positions.  
4.  While delegations remain committed to the common goal of providing timely , equitable  and 
secure access to high -quality, safe, efficacious and affordable medical technologies for all, 
disagreement persists o n whether a n extension of the Decision to cover the  production and supply 
of COVID -19 diagnostics and therapeutics is necessary or appropriate to address any inequitable 
distribution of such COVID -19 related products.  
5.  On 6 December 2022 a group of 65 Members tabled a proposal for the General Council to extend 
the Decision mutatis mutandis  to COVID -19 therapeutics and diagnostics .2 Other Members preferred 
to continue fact - and evidence -based discussions on whether there  are IP - and TRIPS -related 
barriers to accessing COVID -19 therapeutics and diagnostics , and on the exact scope of a potential 
extension of the Decision . 
6.  Following a recommendation by the Council for TRIPS3, the General Council, at its meeting on 
19 Decemb er 2022, agreed to extend the deadline for a decision under paragraph 8 of the Decision. 
At its subsequent meeting on 6-7 March  2023, the General Council agreed that it would keep the 
question of the duration of the extension on its agenda . In the meantime , substantive discussions 
would continue in the Council for TRIPS.  
7.  In order to broaden the bas e for further fact- and evidence -based discussions, the Council  for 
TRIPS held a "Thematic Session for External Stakeholder Input" on 28 September 2023 . This 
provided an opportunity for more than 20 representatives from data analysts, international 
organizations, civil society, business and academia to share facts, evidence and experiences relevant 
to the Council's discussions on this issue. The interven tions at this thematic session reflected a broad 
spectrum of views, and provided more detail and analysis on certain elements of this long -running 
debate. A report on the thematic session was circulated in document IP/C/W/706 . 
 
1 Document WT/L/1141 . 
2 Document IP/C/W/694 . 
3 Document IP/C/95 , of 16 December 2022.  IP/C/100  
 
- 2 - 
 
  8.  On 19 October 2023, Members were briefed by the U .S. International Trade Commission  on its  
Report "COVID -19 Diagnostics and Therapeutics: Supply, Demand, and TRIPS Agreement 
Flexibilities ", which had been requested by the United States Trade Representative in the context of 
WTO discussions under paragraph 8 of the Decision.  
9.  On 1 December 2023, the group of 65 Members re -circulated their proposal for the General 
Council to extend the Decision mutatis mutandis  to COVID -19 therapeutics and diagnostics .4 This 
proposal did not find consensus at the meeting of the General Council on 14 -15 December 20 23. On 
21 December 2023, the co -sponsors of that proposal circulated a statement in 
document  WT/GC/W/920 , expressing disappointment over the continued disagreement among 
Members on the question.  
10.  The Council recognizes the considerable efforts Members have m ade to support a fact - and 
evidence -based discussion on paragraph 8 of the MC12 Decision on the TRIPS Agreement . Despite 
these efforts , consensus could not be reached .  
__________  
 
4 Document IP/C/W/694/Rev.1  and WT/GC/W/913 .