WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID-19

On 2^nd 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 Eswatini, Mozambique, Kenya and Pakistan and has received global support from 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.

Interventions of Co-sponsors of Proposal

WTO-TRIPS Council on 16^th October

• South Africa’s interventions introducing the proposal and rebuttal of points raised against the proposal
• India’s intervention

Informal TRIPS Council Meeting on 20^th November

• Kenya’s intervention
• South Africa’s intervention
• Eswatini’s intervention
• India’s intervention
• Examples of IP issues and barriers in COVID-19 pandemic presented by co-sponsors

Statements/Letters by international organizations, civil society, academics etc.

• Waiver support letter from the HIV Legal Network to the Canadian government (16 November)
• Open Letter from 37 Members of the Scottish Parliament (9 December)
• Covid Vaccine Petition to WTO signed by more than 900 000 individuals (9 December)
• Senators from Pakistan, Colombia, the Philippines and Malaysia (8 December)
• Canadian Union Public Employees (8 December)
• The National Union of Public and General Employees, Canada (4 December)
• Jamaica Confederation of Trade Unions and Jamaica Association of Local Government Officers (4 December)
• Public Services International a Global Union Federation of more than 700 trade unions representing 30 million workers in 154 countries (4 December)
• IndustriALL Global Union - representing 50 million workers in 140 countries in the mining, energy and manufacturing sectors (25 November)
• 100 UK parliamentarians urge UK government to support waiver  (23 November)
• Canadian Centre for Policy Alternatives (19 November)
• Amnesty International
• Public Health Association Australia (13 November)
• African Commission of Human and Peoples' Rights (13 November)
• Global Development Policy Center’s Working Group on Trade Treaties and Access to Medicines (12 November)
• Statement by UN Human Rights Experts (9 November)
• World Health Organization (9 November)
• World Health Organization (17 October)
• H.E. Archbishop Ivan Jurkovič, Permanent Observer of the Holy See (16 October)
• Chilean House of Representatives Resolution (15 October)
• More than 400 civil society organizations (15 October)
• Brazilian civil society organizations (15 October)
• https://www.uaem.org/carta_da_sociedade_brasileira
• Joint United Nations Programme on HIV/AIDS (UNAIDS) (15 October)
• Progressive International (14 October)
• UNITAID (13 October)
• Drugs for Neglected Diseases initiative (12 October)
• South Africa-Affiliated Academics, Researchers and Teachers Letter to President Ramaphosa (12 October)
• South Centre (7 October)
• Médecins Sans Frontières (7 October)

Opinion Pieces

• Why Covid-19 vaccines should be a global public good and not be hoarded by rich countries (10 December)
• Australia urged to support proposal to waive intellectual property rights for COVID-19 medical products (8 December)
• Want Vaccines Fast? Suspend Intellectual Property Rights (7 December)
• Canada’s opposition to a WTO proposal hurts developing countries’ pandemic fight (5 December)
• TRIPS agreement: A waiver makes the COVID-19 vaccine more accessible (25 November)
• COVID-19: The world needs to back India and South Africa’s call to remove TRIPS hurdles (16 November)
• Waiving Intellectual Property Rules Key to Beating Covid-19 (16 November)
• The Covid vaccine will benefit humanity – we should all own the patent (12 November)
• COVID-19 drug and vaccine patents are putting profit before people (5 November)
• How the World Trade Organization could facilitate access to COVID-19 health technologies? (2 November)
• Corporate Charity – Is The Gates Foundation Addressing Or Reinforcing Systemic Problems Raised By COVID-19? (31 October)
• Rights, Transparency Central for Covid-19 Vaccines (29 October)
• Simon Lester from Cato Institute "Who Will Get the Coronavirus Vaccines and When?": Waiving TRIPS Rules To Fight COVID-19 (17 October)
• We can't let the WTO get in the way of a 'people's vaccine’ (15 October)
• The Indian/South African Proposal For a WTO Waiver On IP For COVID-19 Related Health Products – What It Means? (14 October)  
• Avoiding patents for Covid-19 vaccines (12 October)  

TWN News Reports

• Developed countries continue to block TRIPS waiver proposal (24 Nov 20)
• TRIPS Council to resume discussions next week on TRIPS waiver (16 Nov 20)
• COVID-19: Licensing deals on vaccines reinforce need for TRIPS waiver (12 Nov 20)
• Battle-lines being drawn over upcoming discussion on TRIPS waiver (07 Nov 20)
• South Africa, India strongly rebut arguments against TRIPS waiver (20 Oct 20)
• Proposal for TRIPS waiver secures strong support from South (20 Oct 20)
• India, South Africa seek TRIPS waiver to combat COVID-19 (06 Oct 20)