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.
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"
• 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.
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.
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.
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.
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.
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
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.
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.
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:
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”