A formal meeting of the WTO intellectual property (TRIPS) council this afternoon heard reports from an attempt by four members (EU, India, SAfrica, US) to break the deadlock over waiving the obligation to protect some intellectual property for COVID-19 (the #TRIPSwaiver)
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WTO deputy head @_AnabelG who is coordinating (with DG @NOIweala) with the group of 4 said the talks have been difficult but she hoped a compromise could be possible.
One approach explored is to separate vaccines from diagnostics and therapeutics. (Why? Explained in 9/10)
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The EU—said it was looking for a bridge between waiver-advocates and its own position to make flexibilities in WTO rules as easy to use.
The US—repeated its broad support for the waiver (but so far with no specifics), and that it is working with members to find a solution
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SAfrica—agreed that small group consultations have been useful, and said delay in approving the waiver is hampering efforts to diversify production. Refers to mRNA hub (more below)
India—said it has engaged constructively and remains committed to finding a solution.
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Others—generally appreciated the efforts and asked to be kept informed
Switzerland—criticised the talks among the 4, for failing to be inclusive, transparent with regular reporting to members
(Note this is similar to India and SAfrica objections to plurilaterals!)
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UK—similar to Switzerland: any outcome has to be agreed by consensus among the full membership.
Council chair Ambassador Dagfinn Sørli of Norway also reported on his consultations on Feb 9.
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The main business today was to agree a report to the General Council (meeting tomorrow and Thursday), accompanying a request to extend the discussion another 90 days.
This is needed under WTO rules on waivers, Article 9.3 of the WTO Agreement
Russia’s invasion of Ukraine was raised on Day 2 of the WTO General Council today
A number of countries prefaced their statements under various agenda items by expressing concern about violation of sovereignty, territoriality and the rule of law
On the deadlocked #TRIPSWaiver⬇️, more countries expressed concern about the attempt to break the deadlock among 4 key players: India, EU, SAfrica and US—mainly a complaint that they were not being informed about what was happening in the small group.
Based on what he heard informally today, Castillo will consult members and report to the formal General Council tomorrow & Thursday.
Most delegations preferred the week of Jun 13, some preferred Jun 2–4, but most said they were flexible, according to a Geneva trade official
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The new dates are possible because Switzerland eased most of its COVID-19 restrictions on Feb 17. The Swiss ambassador told the meeting that most restrictions on entry would be lifted. Any remaining curbs will be waived for the Ministerial Conference.
The paper looks at the different types of vaccine technology and their "patent families" (patent applications for the same or similar technical content), evolution, distribution of inventions and patents globally, types of companies involved, and more