The draft on the temporary waiver of TRIPS obligations for Covid-19 medical tools circulated by the WTO Secretariat on Tuesday failed to address intellectual property challenges as reflected in the proposal put forward by India and South Africa and should be rejected by members, a number of Civil Society Organisations have said.

 “The text is based on the EU proposal on clarifications on compulsory licence and not a waiver as demanded by India and South Africa,” said KM Gopkumar from Third World Network. Further, it contains onerous conditions, which go beyond the current obligations under the TRIPS Agreement.

“The draft will be discussed at the TRIPS Council meeting on Friday. All members can then express their opinions, “a Geneva-based official told BusinessLine.

India and South Africa had submitted a joint text to the WTO on October 2, 2020, proposing a temporary waiver on patents on the production of Covid-19 medicines and medical tools, including vaccines. The text is aimed at bridging the vaccine inequity and lack of adequate medical infrastructure in the world by bringing down prices and improving access to Covid-19 vaccines, medicines and other equipment and technology.

The India-South Africa proposal received the support of a majority of developing countries and LDCs at the WTO but was opposed by some members, including the EU, Japan, Australia, Brazil, Canada, Japan, Norway, Switzerland, the UK and the US (which was ready to discuss waiver only for vaccines).

Subsequently, the WTO Secretariat stepped in to facilitate talks between India, South Africa, the US, and the EU, but consensus eluded the small group as well. On Tuesday evening, the TRIPS Council Chair circulated a letter from the WTO DG, presenting the proposed outcome to the WTO membership. The TRIPS Council is now scheduled to hold discussions on the text on Friday.

As many as 40 civil society organisations, including MSF, have sent a letter to the European Union asking it to refrain from rushing WTO members to rapidly adopt a purported proposal on intellectual property rights and Covid-19.

“...the disappointing draft text covers only vaccines, excluding treatments and diagnostics. It fails to address non-patent intellectual property barriers such as trade secrets, and it restricts which countries can make use of it. In addition, limitations and requirements in the draft text could possibly undermine existing flexibilities, and this would be an unnecessary step backwards, “said Yuanqiong Hu, Senior Legal and Policy Advisor for MSF’s Access Campaign, in a statement.

If the draft text is agreed without thorough and substantive revisions, it would set a negative and detrimental precedent for future global health challenges.

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