WTO finished without TRIPS waiver

‘Unlike the more flexible arrangements of the General Agreement on Tariffs and Trade, the WTO framework and negotiating priorities have undermined developmental aspirations. The South has been undermined by rich countries’ betrayal of the 2001 Doha compromise. After ‘softly’ killing the ‘Development Round’ promised then, rich countries can now redeem themselves by supporting the waiver.

‘Almost two years after COVID-19 was first recognized, the pandemic continues to threaten the world, with poor countries and people now worse affected. The devastation could be partly mitigated if developing countries could meet their pandemic needs without fear of litigation for IP infringement. A TRIPS Council meeting is scheduled for 16 November, before the four-day WTO Ministerial Council meeting from 30 November. The waiver would also encourage renewed international cooperation, long undermined by destructive rivalry and competition.

‘By refusing to make concessions, rich countries would not only jeopardize the WTO, but also the world’s ability to urgently contain the pandemic. With complementary financial resource transfers, they can restore the goodwill urgently needed for international cooperation and to revive multilateralism.’

Read here (IPS News, Nov 16, 2021)

European duplicity undermines anti-pandemic efforts

‘Despite facing the world’s worst pandemic of the last century, rich countries in the World Trade Organization (WTO) have blocked efforts to enable more affordable access to the means to fight the pandemic. Everyone knows access for all to the means for testing, treatment and prevention – including diagnostic tests, therapeutic medicines, personal protective equipment and vaccines – is crucial.’

This story is well argued and contains several relevant and informative links under the following subheadings:

• European deceit
• Big Pharma law
• European deceptions
• Inflexible ‘flexibilities’
• Bogus claims

Read here (IPS News, Jul 20, 2021)

Put people before profits for progress

‘Millions of people are expected to die due to delayed and unaffordable access to COVID-19 tests, treatment, personal protective equipment and vaccines. Urgent cooperation is desperately needed to save lives and livelihoods for all.’

This story is well argued and contains several relevant and informative links under the following subheadings:

• Vaccine apartheid
• Pfizer profits
• What the pandemic demands
• Technology transfer needed
• What the world needs now

Read here (IPS News, May 18, 2021)

US support for vaccine waiver welcome, but more needed

‘Thanks to President Biden, the US now supports a suspension of intellectual property (IP) rights to increase vaccine supplies. However, without vaccine developers sharing tacit technical knowledge for safe vaccine mass production, it will be difficult to rapidly scale up vaccine output.’

This story is well argued and contains several relevant and informative links under the following subheadings:

• Waiver delayed is waiver denied
• Foot dragging for profit
• Vaccine monopolies not yet IP dependent
• Vaccine profits kill
• TRIPS discourages knowledge sharing
• Accelerate vaccinations for all

Read here (IPS News, May 11, 2021)

Next steps for a people’s vaccine

‘The Biden administration’s decision to stop opposing a proposed COVID-19 waiver of certain intellectual-property rights under World Trade Organization rules is a welcome move. But ending the pandemic also requires scaling up knowledge and technology transfer, as well as public production of vaccine supplies.’

Read here (Project Syndicate, May 7, 2021)

Share the intellectual property on Covid-19: Jeffrey Sachs

‘The pharmaceutical industry and the governments of several vaccine-producing countries, including the United States and the United Kingdom, as well as the European Commission, have been resisting the IP waiver, while 150 public leaders and experts have sent an open letter to US President Joe Biden in support of it. There is no longer any question about who is right. Given the surge of COVID-19 in several regions, most recently in India, the continuing emergence of new and deadly variants of the virus, and the inability of the current vaccine producers to keep pace with global needs, an IP waiver or its equivalent has become a practical urgent need as well as a moral imperative.’

Read here (Project Syndicate, Apr 29, 2021)

Vaccine makers say coronavirus could be stopped around the globe in months rather than years. Here's how

‘[Bangladhesh's] drug makers say they could produce hundreds of millions of doses in a quick timeframe, if only they could secure a vaccine blueprint... Incepta Pharmaceuticals lies on the outskirts of the Bangladesh capital Dhaka, in an industrial neighbourhood. Fitted out with the latest technology from Germany, the company already produces vaccines to fight a wide array of diseases such as hepatitis b, typhoid, the flu, tetanus, measles, meningococcal and rabies.

‘Mr [Abdul] Muktadir [chairman of Incepta Pharmaceuticals] said the company had plenty of capacity to produce more drugs and could manufacture between 600 to 800 million doses of COVID-19 vaccines annually. "If we get the ready-to-fill material or antigen, instead of waiting until 2023, we can make this vaccine available to our entire nation population within two to three months' time," he said.’

Read here (ABC News, Mar 20, 2021)

Waiver from certain provisions of the TRIPS agreement for the prevention, containment and treatment of Covid-19: A compilation of resources

‘On 2nd October India and South Africa made a joint submission (IP/C/W/669) to the World Trade Organization seeking a waiver from certain provisions of the TRIPS Agreement (patents, trade secrets, copyright and industrial designs) in relation to the containment, prevention and treatment of COVID-19. This proposal is now co-sponsored by 57 developing countries including the Africa Group and the Least Developed Country Group and has received global support from most of the other developing countries and the international community. Technical Briefing by Médecins Sans Frontières (MSF) as well as this video provides information on the importance of the waiver from TRIPS obligations.

‘Below is a list of interventions by the co-sponsors, statements and op-eds supporting the waiver proposal and news reports about the proposal...‘

Read here (Third World Network, ongoing work)

Strong support for TRIPS waiver amidst opposition by Big Pharma

‘More than 100 countries have upped the stakes for text-based negotiations on the TRIPS waiver proposal that seeks to temporarily suspend certain provisions of the WTO’s TRIPS Agreement in combating the COVID-19 pandemic, amidst attempts by Big Pharma to kill the waiver proposal, said people familiar with the development.

‘Ahead of the WTO’s TRIPS Council meeting on 10 March, the representatives of Big Pharma wrote to President Joseph Biden that the “US government has stood alongside other governments, including the European Union, United Kingdom, Japan, Canada, Switzerland, Brazil, and Norway to oppose this waiver.”

“We urge your administration to maintain this longstanding support for innovation and American jobs by continuing to oppose the TRIPS waiver,” said the CEOs of Pfizer, AstraZeneca, PhRMA (Pharmaceutical Research and Manufacturers of America), Eli Lilly, Bristol Myers Squibb, Gilead Sciences, Merck, Sanofi, Takeda Pharmaceuticals, Novartis, Abbvie, Bayer AG, Amgen Inc, and Biogen among others.

‘The CEOs of these companies, who constitute the powerful Big Pharma, decried the waiver proposal, saying that “in requesting the waiver, India and South Africa argued without evidence that the intellectual property is hindering the global response to the pandemic and that the waiver would help scale up research, development, manufacturing and supply of needed products.”

Read here (Third World Network, Mar 12, 2021)

Canadian-pharma solution to aid worldwide Covid vaccine access

‘Despite the optimism [over vaccines], there remains a missing space for people in low-income nations who desperately need these vaccines and who may wait too long. As the World Health Organization (WHO) noted in a recent media conference, the global vaccine stocks remain critically short of supply at this time.

‘Biolyse Pharma an Ontario based manufacturer of sterile injectable medicine hopes to be part of a solution. Biolyse has the potential of producing up to twenty million doses per year. In order to do so, the company will need access to the drug master file of an already approved vaccine which is generally patent protected. The Canadian Access to Medicines Regime (CAMR) relating to emergency-patent transfer may permit the company to achieve its objective.  

‘CAMR is the Canadian enabling legislation that reflects the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), a protocol between all the member nations of the World Trade Organisation. Under CAMR, there is an emergency provision for the federal government to waive patent rights, allowing other generic-producing companies to start expedited production of critical preventative or curative drugs. Canada therefore has a mechanism in place to allow drug companies to a compulsory license from a patent holder.’

Read here (Newswire, Mar 11, 2021)

WTO DG meets Big Pharma and opts for voluntary licenses

‘The World Trade Organization Director-General Ms Ngozi Okonjo-Iweala said on 9 March that she fully supports the TRIPS waiver, insisting that she has conveyed to Big Pharma that they need to understand the “practicalities and sentiments” behind the demand for the waiver, said people familiar with the development.

‘Yet, she maintained that the TRIPS waiver may not be able to address the issue of ramping up production of vaccines to combat COVID-19 due to difficult manufacturing conditions that need to be complied with for producing vaccines, said people familiar with her remarks.

‘Her continued ambivalent positions seem to have undermined the move towards text-based negotiations on the TRIPS waiver, said people familiar with the development.’

Read here (Third World Network, Mar 10, 2021)

The political economy of Covid-19 vaccines

‘Vaccine grabs, the refusal to relax patents to enable mass production, and the use of vaccines for diplomacy run the risk that poorer nations may not be protected against Covid-19 quickly enough. This will prolong the pandemic, even for the richer nations.’

Read here (The India Forum, Mar 5, 2021)

Patently unfair: Can waivers help solve Covid vaccine inequality?

‘The World Trade Organization (WTO) General Council gathered virtually on Monday for the first of two days of talks amid increasing calls from civil society, states and nongovernmental actors to temporarily waive patents for COVID-19 vaccines and other coronavirus-related medical products. Endorsing a waiver on Friday, World Health Organization (WHO) Director-General Tedros Adhanom Ghebreyesus said: “If not now, when?”

‘At the core of the discussion stands a proposal submitted in October by South Africa and India to suspend the WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for the duration of the coronavirus pandemic. The goal is to facilitate the transfer of technology and scientific knowledge to developing countries to ramp up the global production of vaccines and other necessary equipment.’

Read here (Aljazeera, Mar 1, 2021)

Intellectual property cause of death, genocide

‘Refusal to temporarily suspend several World Trade Organization (WTO) intellectual property (IP) provisions to enable much faster and broader progress in addressing the COVID-19 pandemic should be grounds for International Criminal Court prosecution for genocide. 

‘Making life-saving vaccines, medicines and equipment available, freely or affordably, has been crucial for containing the spread of many infectious diseases such as tuberculosis, HIV-AIDS, polio and smallpox. 

‘Jonas Salk, who developed the polio vaccine, insisted that it remain patent free. Asked who owned the patent 65 years ago, he replied, “The people I would say. There is no patent. You might as well ask, could you patent the sun?”

Read here (ksjomo.org, Feb 8, 2020)

Bill Gates, Big Pharma and entrenching the vaccine apartheid

‘It appears that South Africa and India were right. Under the current rules, the vaccine cannot be made quickly or cheaply enough to meet global demand, which vaccines are only going to those countries that can afford it. This is a “catastrophic moral failure”, said the head of the World Health Organisation (WHO), Tedros Adhanom Ghebreyesus. Some activists have described the situation as a “vaccine apartheid”...

‘Nonetheless, the proposal for a patent waiver has been repeatedly rejected at the WTO by wealthier countries including the European Union, the United Kingdom, US and Switzerland; countries which, as Reuters wryly noted, are “all home to major pharmaceutical companies”. They also all enjoy early access to the vaccine.

‘Nor has South Africa and India’s proposal received support from the most influential non-state actor in global public health: Bill Gates...

‘But despite Gates’ stated commitment to an equitable distribution of the Covid vaccine, he is refusing to back South Africa and India’s calls for a waiver on patents... 

‘This should not come as a surprise: the Gates Foundation has historically been opposed to efforts to reform intellectual property protections for pharmaceutical companies — putting it at odds with other public health NGOs such as Doctors Without Borders (MSF) — and has in fact lobbied for developing countries to impose even stronger protections for drug companies’ patents. This is perhaps because Gates’ own fortune is built on intellectual property, specifically the copy­rights and patents associated with Windows and Microsoft.’

Read here (Mail&Guardian of South Africa, Jan 30, 2021)

Civil society organisations call for strong support for TRIPS waiver to combat Covid-19

‘Nearly 380 civil society organisations (CSOs) have urged Members of the World Trade Organization to strongly support the adoption of a draft decision proposed by India and South Africa for a waiver from certain provisions of the TRIPS Agreement to combat the worsening COVID-19 pandemic.

‘India and South Africa have submitted a proposal (IP/C/W/669) to the WTO TRIPS Council on a “Waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19”.

‘In their letter to the WTO Members, the CSOs said that in a global pandemic where every country is affected, a global solution is needed. According to the CSOs, adoption of a Waiver at the WTO level will suspend implementation, application and enforcement of the relevant provisions of the TRIPS Agreement in relation to prevention, containment, and treatment of COVID-19.

‘It enables an expedited, open and automatic global solution to allow uninterrupted collaboration in development, production and supply, and to collectively address the global challenge facing all countries. “It’s time for governments to take collective responsibility and put people’s lives before corporate monopolies,” the CSOs emphasised.’

Read here (InfoJustice, Oct 16, 2020)

South voices concerns over “vaccine nationalism” amid COVID-19

‘Several developing countries have expressed serious concerns at the World Trade Organization about rising “vaccine nationalism” and attempts to restrict affordable access to vaccines and therapeutics for combating the Covid-19 pandemic, as the worsening health crisis has continued to ravage countries by claiming nearly 700,000 lives around the world.

‘At the WTO’s TRIPS Council meeting that ended on 3 August, members elected South Africa’s trade envoy Ambassador Xolelwa Mlumbi-Peter as the new chair of the TRIPS Council.

‘The meeting witnessed sharp discussions on “IP measures in the context of the Covid-19,” “intellectual property and the 1998 e-commerce work program,” and “intellectual property and public interest: beyond access to medicines and medical technologies towards a more holistic approach to TRIPS flexibilities”, among others, said a participant, who asked not to be quoted.’

Read here (Third World Network, August 7, 2020)