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TWN
Info Service on Intellectual Property Issues (Dec22/04) Geneva, 20 Dec (D. Ravi Kanth) — The chair of the World Trade Organization’s General Council, Ambassador Didier Chambovey of Switzerland, apparently declared that there is no agreement on the duration for extending the 17 December deadline as set out in paragraph eight of the MC12 Ministerial Decision on the TRIPS Agreement concerning the “production and supply of COVID-19 diagnostics and therapeutics.” After the United States apparently blocked a demand from many developing countries who sought an extension of the 17 December deadline by three more months, the General Council (GC) chair said there is no consensus on this issue at this juncture. When asked whether there is any decision at the two-day General Council meeting that continues on 20 December, a trade official told the SUNS, “we are yet to find any solution and the GC meeting is continuing.” During the GC meeting on 19 December, India and South Africa among others proposed that the TRIPS Council decision on paragraph eight should be extended either by the first GC meeting in 2023 or by the end of March 2023. As per paragraph eight of the Ministerial Decision on the TRIPS Agreement, agreed to by trade ministers at the WTO’s 12th ministerial conference (MC12) on 17 June 2022, WTO members are required to reach an agreement “no later than six months from the date of this Decision (17 December),” on deciding “on its extension to cover the production and supply of COVID-19 diagnostics and therapeutics.” Many developing countries joined India and South Africa in stating that paragraph eight of the Ministerial Decision on the TRIPS Agreement concerning COVID-19 diagnostics and therapeutics that was agreed to by trade ministers on 17 June should be implemented within three months. Apparently, the European Union and Japan expressed reservations at the meeting but they also seemed to have said that they are ready to show flexibility as regards the Decision on paragraph eight, said participants who asked not to be quoted. US BLOCKS A SHORT EXTENSION At the GC meeting, the US sought to justify its decision, stating that it has referred the issue to its International Trade Commission (USITC) for a thorough examination that would take a considerable period of time to complete the assessment of “market dynamics” among other issues. The US trade envoy, Ambassador Maria Pagan, apparently said that when it proposed the compromise decision on 16 December, it seemed clear that it is difficult to set a deadline for the talks on paragraph eight of the Ministerial Decision on the TRIPS Agreement, said people, who asked not to be quoted. The US seems “to hold hostage” a short extension of three months of the deadline set out in paragraph eight of the Ministerial Decision on the TRIPS Agreement, to its internal scrutiny of various issues by the USITC, said several participants, who asked not to be quoted. Only Switzerland and the United Kingdom reiterated their earlier positions that they are not convinced about extending the TRIPS decision to diagnostics and therapeutics. However, these two countries apparently suggested that they are open to considering a decision arrived through consensus, said participants, who asked not to be quoted. Earlier, the TRIPS Council chair had proposed on 15 December that “in the light of (the differing proposals from a large majority of developing countries on the one side, and the major industrialized countries who sought evidence-based discussions, on the other side), discussions in the TRIPS Council will continue and will be reported to the General Council no later than 30 June 2023.” The chair was forced to retreat from his above formulation following a compromise proposal drafted by the US on 16 December that stated, “in view of paragraph eight of the Ministerial Decision on the TRIPS Agreement adopted on 17 June 2022 (the “Decision”) providing that no later than 6 months from the date of this Decision members will decide on its extension to cover the production and supply of COVID-19 diagnostics and therapeutics, the TRIPS Council recommends that the General Council extend the deadline.” Against these differing positions, the GC chair, Ambassador Chambovey of Switzerland, said that there is no consensus at this juncture and the issue remains parked for further discussion on 20 December. Subsequently, there were no further consultations between the two differing sides on 19 December, as the chair of the TRIPS Council, Ambassador Lansana Gberie of Sierra Leone, did not convene any informal/formal meeting. It remains to be seen by the end of the day on 20 December, if a compromise agreement could be reached again on the extension of the deadline. Otherwise, it would be a loss of face, credibility and the integrity of the MC12 decisions for the WTO if the US and two other countries – Switzerland and the United Kingdom – continue to block a demand from a large majority of developing countries for a short extension of the 17 December deadline as set out in paragraph eight of the Ministerial Decision on the TRIPS Agreement, said people, who asked not to be quoted. +
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