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Peter Ungphakorn Profile picture
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Mar 17 • 7 tweets • 4 min read
Some initial thoughts on the compromise text produced by India, the EU, South Africa and the US, allowing most developing countries to suspend some patent rights for COVID-19 vaccines.

In this ⬇️: Broad implications (pandemic, WTO), and specifics

1/5 tradebetablog.wordpress.com/2022/03/17/qua…
The text itself is here⬇️. It’s still unofficial, still has to be considered, approved and possibly amended by the WTO’s full membership. Any decision will be by consensus.

We still speak of the #TRIPSwaiver, but it's now a “decision”, not a waiver.

2/5 tradebetablog.wordpress.com/text-g4-trips-…
This⬇️ is what the blog post covers.

Legal drafting often baffles me. Why is the definition of countries that can use the decision buried in a footnote? The one that implies China cannot use it but India can?

3/5 tradebetablog.wordpress.com/2022/03/17/qua…
We thought compromising India+SAfrica & EU positions was impossible

This text is just that. It combines the idea of the waiver with EU-favoured flexibilities

The waiver is narrower (patents, vaccines only). Flexibilities have some conditions eased

4/5 tradebetablog.wordpress.com/2022/03/17/qua…
Some people think a compromise that blends the two is a really bad idea

5/5
The article now has a table comparing the new Group-of-Four (Quad) compromise with last year’s revised text from India and South Africa

See it in full in the article here: tradebetablog.wordpress.com/2022/03/17/qua…

Or download the pdf: tradebetablog.files.wordpress.com/2022/03/compar…
Here's the second half of the table

See it in full in the article here: tradebetablog.wordpress.com/2022/03/17/qua…

Or download the pdf: tradebetablog.files.wordpress.com/2022/03/compar…

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Peter Ungphakorn Profile picture
Mar 15
If confirmed, a major breakthrough.

We need to see the details, whether the Commission can persuade EU member states, and how the rest of the WTO react.

It's only vaccines, only for developing countries that exported <10 % of world COVID-19 exports in 2021.

Details in the 🧵
That's COVID-19 vaccines exports, of course
Thanks to a kind and brilliant friend who pointed me to this

It's until the end of January this year, so a bit more than 2021, but it's a guide. It would exclude China from the waiver, but not India and South Africa

wto.org/english/tratop… Image
Read 4 tweets
Peter Ungphakorn Profile picture
Mar 15
Some observations

1. Suspending equal treatment (MFN) does not in itself raise trade barriers. Unlike in the US where tariffs automatically go to another list, this allows the EU to set new tariffs or other measures. That has to happen too.

1/2
2. In practice some trade measures taken against Russia already violate MFN. So this is a gesture.

3. Note security exceptions plural. So services and intellectual property too.

4. WTO members cannot unilaterally suspend Belarus's accession. But they can block it.

2/2
Note: this⬇️ says "together with other WTO members." It's only some WTO members (unclear if more than G7+EU), and it's unilateral by each. Not a decision of the WTO membership.

We need to keep this stuff in perspective.

europa.eu/!3GQ6jG
Read 8 tweets
Peter Ungphakorn Profile picture
Mar 7
.@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…
Read 7 tweets
Peter Ungphakorn Profile picture
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
Peter Ungphakorn Profile picture
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
Peter Ungphakorn Profile picture
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

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