Public Hearings on a Pandemic Agreement Open Floodgates of Interest; WTO DG To Take Compromise Text on TRIPS Waiver to the Wider Membership

Public Hearings on a Pandemic Agreement Open Floodgates of InterestAn impressive range of stakeholders made their interests and concerns known at the public hearings this week conducted by the Intergovernmental Negotiating Body set up to establish a new pandemic agreement. From feisty civil society activists to hard-as-knuckles lobbyists; from social justice champions to focused medical products manufacturers; from professors at American universities to healthcare workers; from representatives of the families of the deceased to wildlife experts; from anesthesiologists to anthropologists; from human rights scholars to teachers’ unions. These disparate group made forceful, incisive statements on what the pandemic meant to … Continue reading Public Hearings on a Pandemic Agreement Open Floodgates of Interest; WTO DG To Take Compromise Text on TRIPS Waiver to the Wider Membership

The Lowest Common Denominator: The Quad Text on the TRIPS Waiver

A developing country ambassador told us a few months ago that the best outcome on the waiver proposal would be to persuade the Americans and Europeans to have a solution that would include all kinds of medical products not just vaccines, and waiving all kinds of IP  protections not just patents, underlining the positions of these key WTO members respectively. Now, as a potential for a compromise is beginning to emerge, it seems that the proponents of the waiver might have lost out on both accounts. While scholars and access to medicine advocates have already panned the compromise text, these … Continue reading The Lowest Common Denominator: The Quad Text on the TRIPS Waiver

A compromise on the horizon? TRIPS Waiver talks in the ‘Quad’ at the WTO

While the Russian invasion of Ukraine has upended trade diplomacy at the WTO in recent days, the TRIPS waiver discussions have proceeded among a small group of members and is likely nearing a compromise, although differences persist. Sources familiar with the process told us that technical deliberations among the quad that includes the US, the EU, India and South Africa, are now nearing completion. These discussions are soon expected to follow at the level of the ministers of these four WTO members. “If the current text is acceptable by high-level decision-makers, it will then be taken up by the wider … Continue reading A compromise on the horizon? TRIPS Waiver talks in the ‘Quad’ at the WTO

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EXCLUSIVE: Efforts to limit the implementation of the TRIPS Waiver, proposals to exclude India & China

A small group of WTO members deliberating on the TRIPS Waiver, are discussing suggestions to limit the geographical scope of the implementation of the waiver – plans that seek to exclude India and China, sources familiar with the process say. These discussions among the US, the EU, South Africa and India, are still fluid and are likely subject to other diplomatic considerations outside of the waiver. India has been a lead co-sponsor of the TRIPS waiver proposal along with South Africa since October 2020. While it appears that India will likely not accept such a proposal, and yet, it is … Continue reading EXCLUSIVE: Efforts to limit the implementation of the TRIPS Waiver, proposals to exclude India & China

TRIPS Waiver fights to stay front and center at WTO; What lies ahead for countries post-WHASS

Days after the postponement of WTO’s ministerial conference at the cusp of its convening, the proponents of the TRIPS Waiver are fighting to keep it front and center even as the emergence of a new variant has cast a spotlight on the WTO to resolve the waiver discussions to meet new challenges in the on-going pandemic. Depending on who one speaks to, it seems that the new variant gives urgency to both the opponents and the supporters of the waiver. One trade diplomat from an opposing group told us that the variant has underscored even more the role of the intellectual property … Continue reading TRIPS Waiver fights to stay front and center at WTO; What lies ahead for countries post-WHASS

Podcast: The Story Of The TRIPS Waiver

Dear Readers, Listeners, I am happy to bring you our next episode of the Geneva Health Files podcast, encouraged by the response to our first earlier in the year. In this episode we take you on the journey of the TRIPS waiver, how it began and the way it has captured public imagination. While uncertainty swirls around what will happen next in the story of the waiver, let’s seize the moment to review and recap in broad brushstrokes, the journey so far and what this means for the world. This podcast has been made possible when a reader, a trained radio journalist, … Continue reading Podcast: The Story Of The TRIPS Waiver

At WTO, Some Developing Countries: “No Waiver – No Walker”; Destination undecided, but countries divided over legal route for new WHO instrument

With just days left for the 12th WTO ministerial, members are yet to reach a decision on the TRIPS waiver – one of the most important deliverables for this meeting. While the waiver decision may hold the key to the success or failure of this event, it is emerging as a key bargaining chip for developing countries in trying to steer the overall outcomes from this ministerial, according to trade diplomats. There was already pressure building on the opponents to the waiver as hours towards the ministerial get smaller. In a dramatic turn of events, the rise of a new variant detected … Continue reading At WTO, Some Developing Countries: “No Waiver – No Walker”; Destination undecided, but countries divided over legal route for new WHO instrument

Is the ‘Walker Process’ at the WTO undermining the TRIPS Waiver?

In crafting a WTO response to the pandemic, not all members favor referring to a potential decision on the TRIPS Waiver. This, among other issues, threatens consensus around a broader declaration on what is being referred as the WTO response to the pandemic that builds on the trade and health initiative suggested by the Ottawa Group. (The group is a coalition of countries that first proposed a trade and health initiative in November 2020) At stake is not only what members want as text in this declaration, but also the process of negotiating this text in the run up to the … Continue reading Is the ‘Walker Process’ at the WTO undermining the TRIPS Waiver?

The Emerging Path to the TRIPS Waiver

With just a fortnight left for the 12th WTO ministerial conference, WTO members continue to diverge on the TRIPS Waiver proposal that many believe will bolster the response to COVID-19. But countries hope that they will be able to find convergence on a potential waiver to ensure a strong outcome on WTO’s response to the pandemic on intellectual property issues. Members are exploring ways in which vaccine manufacturers who are ready to produce, should be able to begin production of COVID-19 vaccines without worrying about patents. But it is unclear which route this could take – whether under existing TRIPS flexibilities … Continue reading The Emerging Path to the TRIPS Waiver

Examining the “subtle shift” in the TRIPS Waiver talks

The EU calls on South Africa to resolve impasse Over the last two weeks, there have been indications of some behind-the-scenes movement that show WTO members’ willingness to arrive at a consensus on the intellectual property response to the pandemic. Although at the face of it, there has been no structural change in the way countries have aligned on the TRIPS Waiver discussions, nevertheless there has been greater engagement among members, sources familiar with the discussions say. As we reported last week, during the General Council meeting at the WTO, officials had suggested “a subtle shift” in these discussions. What continues … Continue reading Examining the “subtle shift” in the TRIPS Waiver talks