London, August 3 (HNA) – At the meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) on 30 July 2020, WTO members highlighted the merit of the multilateral intellectual property (IP) system in incentivizing innovation in medical technologies and research and in enhancing the response of the global community to the COVID-19 pandemic.
The World Trade Organization (WTO) members also discussed new proposals on the transfer of technology to least-developed countries (LDCs) and electronic commerce. They elected Ambassador Xolelwa Mlumbi-Peter of South Africa as the new chair.
IP measures in the context of Covid-19
At the request of South Africa, WTO members engaged in a discussion on the important role the WTO – and the TRIPS Council in particular – play in combatting the Covid-19 pandemic.
Several members explained in detail some of the IP-related measures implemented in response to the pandemic. They thanked the WTO Secretariat for its efforts in compiling and updating the list of members’ COVID-19 IP-related measures on the WTO website. This non-exhaustive list has been compiled by the WTO Secretariat from official sources. It represents an informal situation report and an attempt to provide transparency with respect to measures taken. The chair encouraged members to promptly provide updated information on these and other measures as appropriate, including through notifications to the TRIPS Council.
Technology transfer to LDCs
On behalf of the LDC Group, Chad submitted a document (IP/C/W/664) proposing a new template for annual reporting on technology transfer to LDCs under Article 66.2 of the TRIPS Agreement. This article calls on developed countries to provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to LDCs to help them create a sound and viable technological base.
The proposed template aims at simplifying the reporting process, synchronizing the current reporting variations, and providing precise evidence of the substantive contributions of developed country members. It is the view of the LDC Group that while some members have made efforts, the implementation of Article 66.2 continues to fall short of the letter and spirit of the TRIPS Agreement mandate.
Work Programme on e-commerce
South Africa submitted a communication (IP/C/W/665) which calls for reinvigorating the 1998 Work Programme on Electronic Commerce in line with the General Council Decision of December 2019 and inscribing this issue as a standing item on the agenda of the TRIPS Council. South Africa said this would facilitate a deeper discussion of issues that could be based on a catalogue of themes previously agreed by members.
South Africa stressed that IP can have an impact on development so the link between IP and development, as well as the relationship with the various Sustainable Development Goals (SDGs), needs to be mainstreamed into the discussion of the TRIPS Council.
IP and the public interest
Following up on past items on the intersection between IP and the public interest, South Africa proposed to address the topic of “Beyond access to medicines and medical technologies – towards a more holistic approach to TRIPS flexibilities” (IP/C/W/666).
South Africa stressed that the use of TRIPS flexibilities to address a public health concern is usually seen as a matter concerning patents. However, in the context of the Covid-19 pandemic, it said this requires a more integrated approach that includes other types of IPRs, including copyright, industrial designs, and trade secrets.
Non-violation and situation complaints
Members reiterated their well-known positions on the issue of non-violation and situation complaints. The issue concerns the longstanding discussion of whether members should have the right to bring dispute cases to the WTO if they consider that another member’s action or a specific situation has deprived them of an expected benefit under the TRIPS Agreement, even if no specific TRIPS obligation has been violated.
Some members reiterated they favour continuing, or making permanent, the current moratorium. There is no place, in their view, for the application of non-violation complaints in the area of IP because of the legal insecurity and curtailment of flexibilities that could ensue. Other delegations expressed their preference for ending the moratorium.
Trilateral study
The WTO Secretariat reported to members on the WHO-WIPO-WTO launch on 29 July of the second edition of the Trilateral Study on Access to Medical Technologies and Innovation. Encouraged by the strong and positive feedback the study has received since its initial launch in 2013, the second edition will further contribute to an informed policy debate about what is needed to foster innovation that is responsive to pressing needs and to secure equitable access to essential medical technologies.
TRIPS amendment
The chair reported that, since the last TRIPS Council meeting in February 2020, Niger and Barbados had deposited their instrument of acceptance for the protocol amending the TRIPS Agreement. To date, 131 members have accepted the TRIPS Amendment, which entered into force on 23 January 2017. The amendment secures for developing countries the legal pathway to access affordable medicines under WTO rules. The period for acceptance of the protocol was extended until 31 December 2021 by the General Council in December 2019.