WTO members on all sides were urged today to sort out their reservations over the proposed compromise, so that a deal on waiving some intellectual property protection for COVID-19 can be struck by the Jun 12-15 Ministerial Conference, trade sources say.

1/14 #TRIPSwaiver
In an informal meeting of the WTO intellectual property (TRIPS) council, Director-General @NOIweala said WTO members have no option but to produce a result for the #MC12 Ministerial Conference, even if that means negotiating round the clock, the sources said.

2/14
Today's meeting was held to take stock of the first two days of real negotiations on the compromise text⬇️, on Mon&Wed, May 16&18. During those sessions, @NOIweala urged delegates to be prepared to compromise: "the perfect is the enemy of the good"

3/14 tradebetablog.wordpress.com/text-g4-trips-…
TRIPS Council chair Amb. Lansana Gberie (Sierra Leone) said the 2 days of talks were "arduous".

It involved 30 delegations, some of them group coordinators, aiming to produce consensus changes to the text.

(See: this⬇️ on small group negotiations: tradebetablog.wordpress.com/2021/04/26/wto…)

4/14
Gberie reported to the membership today that negotiators had been constructive but progress was too slow to meet the deadline.

Some delegations commented today that it was unrealistic to expect a text that had been produced over 5 months to be sorted out in two weeks.

5/14
The text⬇️ emerged from talks among the "Quad" (EU, India, S-Africa, US).

Among the issues debated:

• The duration for applying the decision
• Whether to include therapeutics and diagnostics immediately, as well as vaccines ...

6/14 tradebetablog.wordpress.com/text-g4-trips-…
... and

• Par 3(a) on "single authorisation", which is in brackets (ie even less accepted than non-bracketed text)—one of the concerns some members have raised about this provision is that listing all patents covered could be too burdensome.

7/14 tradebetablog.wordpress.com/text-g4-trips-… Image
One of the reasons for slow progress was some delegations' call for time to consult with their capitals, Gberie said. He could not be optimistic that a deal can be struck in time.

The basis for the talks is that there will be no deal unless the whole text is agreed.

8/14
Some members are also calling for the deal on intellectual property to be paired with agreement on tackling the trade aspects of the pandemic.

@NOIweala said the other track is progressing reasonably well and cautioned against holding one track hostage to the other.

9/14
Quad members' remarks:

EU—Do members want an outcome or not? If they do, this compromise offers the best chance

US—Actively consulting Congress and domestic stakeholders. Appreciate @NOIweala for circulating the text and looking forward to engaging with members

10/14
SAfrica—Members should engage constructively. The text is imperfect, differs from the original draft (see comparison➡️ tradebetablog.files.wordpress.com/2022/03/compar…). Need to find ways to address concerns

India—An uphill task. The talks were helpful. Aiming for a meaningful, consensus outcome

11/14
African Group—Will be flexible. Duration should be at least 5 years. Should include therapeutics and diagnostics.

China (need result at the ministerial meeting), Latin Americans, Hong Kong—process must be transparent, inclusive and non-discriminatory.

12/14
Switzerland—questions asked in the talks should be compiled by the Secretariat should be answered to clarify points the Quad negotiated over 5 months.

UK—questions about policy intent and the legal basis, and how the text would achieve them. Need time to consult capital.

13/14
The UK also said an outcome on intellectual property should accompany one on trade (see⬇️).

Next: another stock-taking meeting tentatively on May 24, but the timetable is complicated by the World Economic Forum and OECD trade ministers meeting.

14/14 tradebetablog.wordpress.com/2021/11/26/wto…

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More from @CoppetainPU

May 20
Another day, another WTO topic where members find themselves under pressure to reach agreement within days.

Today: fisheries subsidies, at the end of a “Fish Week” of talks in various formats on curbing harmful subsidies that encourage overfishing.

1/8 tradebetablog.wordpress.com/wto-fish-talks…
Chair @WillsSantiago briefed the media after a stock-taking meeting of the membership.

Sandwiched between plenaries Mon and Fri, were sessions in various formats. Wills said 30-40 delegations were involved in each of those sessions, total about 50.

2/8 tradebetablog.wordpress.com/wto-fish-talks…
@WillsSantiago said the talks were constructive with good signals that need to be turned into agreement.

He announced a “Fish Decision” week from May 30, giving members a fortnight to resolve their differences.

3/8 tradebetablog.wordpress.com/wto-fish-talks…
Read 8 tweets
May 10
Today’s WTO General Council meeting largely reflected exchanges in the May 6 intellectual property (TRIPS) council, with a couple of points firmed up.

One, said WTO spokesman Keith Rockwell, is that most WTO members accepted the compromise as a text that can be negotiated.

1/6
TRIPS Council chair Amb. Lansana Gberie (Sierra Leone) said: "It is the only product that we have. It’s the only game in town.” No one disagreed according to Rockwell.

So for the first time members will negotiate a text, and it will be this one.

2/6 tradebetablog.wordpress.com/text-g4-trips-…
WTO members still have a range of reservations about the text—on adding diagnostics and therapeutics, concerns that existing flexibilities in WTO rules should not be compromised, and more🧵⬇️

Most said their capitals were still considering the text.

3/6
Read 7 tweets
May 6
WTO members were largely non-committal today in their first reaction to the proposed compromise text on intellectual property and the COVID-19 pandemic.

Most said they needed more time to study it, although some indicated some concerns

The text: tradebetablog.wordpress.com/text-g4-trips-…

1/12
None of the “Quad”—EU, India, South Africa, US—wholeheartedly endorsed it even though the text emerged from consultations among them, with the help of WTO director-general @NOIweala and her deputy @_AnabelG

Their common line was they hoped it could lead to agreement.

2/12
India & SAfrica authored the original proposal⬇️. WTO members were deadlocked over it.

Today, SAfrica said the compromise could finally allow members to negotiate a text, and focus on finding a solution for the Jun 12-15 Ministerial Conference.

3/12 tradebetablog.wordpress.com/2021/05/25/wto…
Read 13 tweets
May 6
(I missed this last week. H/T @BobWolfeSPS)

TRANSPARENCY PROPOSAL for WTO General Council or Ministerial Conference.

The 9th revision of the proposal makes one major change, which improves its chances of being accepted.

Gone are proposed penalties.

1/5 docs.wto.org/dol2fe/Pages/S…
This is about transparency in what governments do under the WTO trade agreements.

It’s a major role of the WTO, achieved by members notifying each other (and the world at large) through the WTO. That allows understanding, scrutiny and feedback.

2/5 docs.wto.org/dol2fe/Pages/S…
Proponents feel the information notified is not good enough—inadequate or taking too long to be notified.

The proposal would apply to agreements on trade in goods, aiming to strengthen requirements and help countries meet their obligations.

3/5 docs.wto.org/dol2fe/Pages/S…
Read 5 tweets
May 5
Some thoughts on the Jun 12-15 slimline WTO Ministerial Conference #DietMC12

The biggest challenge: persuading ministers it’s worth travelling to Geneva in the first place

What does “slimline” entail?

• Most decisions taken before the meeting—ministers just endorse them

1/10
• Those decisions will be more technical (eg extending duty-free e-commerce) than political.

• Big political decisions are unlikely before or during the conference anyway (agriculture, even fisheries subsidies, reforming dispute settlement)

2/10 wto.org/english/thewto…
• Ministers would not negotiate anything, except maybe final touches to almost-agreed non-binding packages: responses to the pandemic, food security.

• Or a decision to exempt the World Food Programme from export restrictions (only India and Tanzania holding out)

3/10
Read 10 tweets
May 4
Last week’s (Apr 27) informal meeting in the WTO agriculture negotiations.

No sign of a deal.

Chair @GloriaAbrahamP’s report on the state of play, with an eye on the WTO Ministerial Conference in June (MC12), usefully released as a public document:

1/10 docs.wto.org/dol2fe/Pages/S… Image
Topic by topic

Domestic support—high priority, need for balance, avoiding support causing concentration of supply. But no prospect of agreement by June, so settling for a “general work programme might be feasible”

2/10 docs.wto.org/dol2fe/Pages/S… Image
On market access—disagreement even on how to discuss this: in parallel with or after domestic support?

Some members see little chance of tariff reductions anytime soon

Some want to focus on transparency, but differences over eg “shipments en route”

3/10 docs.wto.org/dol2fe/Pages/S… Image
Read 10 tweets

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