.@ThiruGeneva has the agenda for this week’s meeting of the WTO intellectual property (IP, TRIPS) Council, Wednesday and Thursday.

The meeting starts with important (but deadly dull) transparency on countries’ IP laws.

Expect some fun and games for Russia’s notification

1/5
Includes 3 items on IP and COVID-19

3—actions taken
12—the waiver (India-South Africa proposal)
13—a draft declaration (EU proposal)

(Links follow)

Also four age-old items which surely have not moved in at least a decade: items 4, 5, 6 and 7

2/5
Item 3—COVID-19: Measures regarding trade-related intellectual property rights.

The agenda’s reference⬇️ is a WTO list of announced measures on intellectual property (some notified, some verified) taken by governments in response to the pandemic.

3/5 wto.org/english/tratop…
Item 3—some explanations

Compulsory licensing (Bolivia, Hungary, Italy, Russia) = allowing someone else to produce a patented product or process without the consent of the patent owner.

Article 31bis = compulsory licensing for export/import.

FAQ: wto.org/english/tratop…

4/6
Item 12—waiving the obligation to protect intellectual property related to the pandemic.

See what WTO members have said so far, with links to the proposed text, meeting minutes, and more:

5/6 tradebetablog.wordpress.com/2022/02/22/8-r…
Item 13—EU proposal for a “General Council declaration on the TRIPS Agreement and public health in the circumstances of a pandemic”

Using flexibilities, including compulsory licensing. Clarifies:
● “emergency”
● remuneration
● simpler notification

6/6 docs.wto.org/dol2fe/Pages/S…
Errors are always guaranteed. Yes, it's a 6-tweet thread⬆️, and apologies for getting the sequence of some screenshots wrong. But you can always just follow the links.

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More from @CoppetainPU

Feb 26
My simplistic tweet from late last night needs elaborating. “Right” is a bit strong

It was a response to news that some US politicians want to act against 🇷🇺 by withdrawing WTO rights and even expelling it over the invasion of 🇺🇦



For example …

🧵1/13
For example this ⬇️

Permanent normal trading relations (PNTR) is the US’s (more accurate) term for “most-favoured-nation” (MFN) treatment—non-discrimination between trading partners. The most important principle in WTO rules.

2/13
And for example this ⬇️

There are two main points.

1. DENY RUSSIA PREVIOUSLY-GRANTED WTO TERMS

2. EXPEL RUSSIA FROM THE WTO

What do WTO rules say?

Remember, I’m not a lawyer, and this is a crude attempt, so lawyers look away now …

3/13
Read 12 tweets
Feb 24
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

1/4
WTO spokesman Keith Rockwell said they included Australia, Canada, Colombia, EU, Georgia, Japan, Rep. Korea, Mexico, Norway, New Zealand, UK, US

Russia said the WTO was not the place to discuss this

2/4 docs.wto.org/dol2fe/Pages/S…
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.

3/4
Read 4 tweets
Feb 22
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)

1/10
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)

2/10
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

3/10
Read 10 tweets
Feb 22
Proposed rescheduled in-person WTO Ministerial Conference—June 2–4 or week of June 13, Geneva.

General Council chair Dacio Castillo the earliest feasible dates taking account of availability of Swiss security and other facilities.

1/6 wto.org/english/thewto…
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

2/6
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.

3/6 swissinfo.ch/eng/covid-19_c…
Read 7 tweets
Feb 14
Very niche🧵

Who invented the 4 modes of services supply?

I took a deep dive into historical Uruguay Round negotiating documents following contributions from @ScheeleJonathan @AmyPorges @henrysgao @RMelendezOrtiz

Short answer: it was an evolution, crystallised by the EU

1/14
The four modes of services supply are:

1 cross border supply
2 consumption abroad
3 foreign commercial presence
4 movement or presence of natural persons

Within the 1986–94 Uruguay Round negotiations, this evolved from Feb 1987 to Oct 1989

2/14 wto.org/english/tratop… Image
Feb 23–25, 1987 meetings

The earliest reference to this idea is in summary note MTN.GNS/7
docs.wto.org/dol2fe/Pages/S…

This has (1) cross-border supply, (2) (partial) presence of natural persons, (3) commercial presence.

Not consumption abroad

3/14 Image
Read 17 tweets
Feb 10
This is an interesting WTO staff working paper by Ting-Wei (Alex) Chiang and Xiaoping Wu of the Intellectual Property Division

It's complicated, but that's the nature of #COVID19 vaccines and vaccine patents

Direct link to the paper: wto.org/english/res_e/…

Some takeaways

1/6
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

2/6 wto.org/english/res_e/…
• Vaccine types vary in the number of patent families involved. Viral vector (AstraZeneca etc) and mRNA (Pfizer, Moderna, etc) have more

• Private firms dominate, SMEs contributing most, public labs do basic science research

• Earlier years count

3/6 wto.org/english/res_e/…
Read 6 tweets

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