WTO Members Discuss Proposal of India, South Africa for Easing Intellectual Property Rules for Covid-19

Those who are opposing have opined that the suspension of IPRs, even for a limited period of time, was not only “unnecessary” but it would also “undermine” the collaborative efforts to fight the pandemic that are already under way. The waiver, proposed by the two countries, would cover obligations in four sections of Part II of the TRIPS Agreement Section 1 ( copyright and related rights), Section 4 (industrial designs), Section 5 (patents) and Section 7 (protection of undisclosed information).

It would last for a specific number of years, as agreed by the General Council, and until widespread vaccination is in place globally and the majority of the world’s population is immune. Members would review the waiver annually until its termination. “According to the proponents, an effective response to the COVID-19 pandemic requires rapid access to affordable medical products such as diagnostic kits, medical masks, other personal protective equipment and ventilators as well as vaccines and medicines,” it said.

It added that as new diagnostics, therapeutics and vaccines for COVID-19 are developed, there were significant concerns about how these will be made available promptly in sufficient quantities and at affordable prices to meet global demand. The Council chair, Ambassador Xolelwa Mlumbi-Peter of South Africa, said the matter would remain suspended as members continue to consider the proposal. The council would meet again on the issue.