WTO: TRIPS Council Hears from Constituencies

The TRIPS Council of the World Trade Organization (WTO) held an "informal thematic session" Thursday to discuss the implications of intellectual property (IP) in the development, distribution, and access to COVID-19 therapeutics and diagnostics.

Ambassador Pimchanok Pitfield of Thailand, chair of the TRIPS Council, presided over the event which saw participation from international organizations, civil society, business representatives, and academic institutions.

Main Discussions:

1. Data Collection and Analysis: Representatives from UK-based analytics company Airfinity LTD and the Global Alliance for Innovation in Diagnostics emphasized the challenges in determining IP's hindrance in vaccine development and distribution. While the current IP system bolstered rapid research and development, it presented serious issues in the deployment and distribution of the vaccine, especially in low- and middle-income countries.

2. International Organizations' Perspectives: WHO highlighted the disproportionate distribution of vaccines between high-income countries and low-income ones. WIPO shed light on IP as a balancing tool between innovation and access, discussing its multifaceted role in the pandemic response. South Center raised concerns about underreported COVID-19 cases and deaths, while the Medicines Patents Pool emphasized the need for faster development and licensing of antivirals.

3. Civil Society's Standpoint: Representatives from various NGOs drew attention to the dire situation in many global South countries, where only 20% of the population is fully vaccinated. They disputed claims suggesting that the demand for therapeutics and diagnostics has waned, pointing out that developed countries have secured over 70% of the available treatments.

4. Academia.  The Max Planck Institute, the University of Beijing and Harvard University offered the academia perspective.   Academics considered unfortunate the use of the term "waiver" to refer to the TRIPS Decision, as in their view the text does not waive rights but gives members greater scope to take direct action to diversify production of COVID-19 vaccines and to override the exclusive effect of patents through a targeted measure over the next five years.

    

5. Business

    

   The business sector was represented by the Global Multilateral Engagement & Strategic Alliances,  Pfizer, DIATROPIX, Ferozsons Laboratories Ltd., Biovac, and BogotáBio.

   They drew upon research indicating that IP is a critical enabler of the pandemic innovation response, allowing companies to rapidly develop and commercialize vaccines and therapeutics using existing technology and know-how. Collaboration and IP protection enabled rapid scaling of COVID-19 manufacturing, and while companies would have helped with pandemic response without IP rights, collaboration would have been slower and less likely. Also, inability to share technology and know-how with competitors would have meant the end of their companies, they said.

   One of the experts spoke in favor of the extension of the TRIPS Decision as a driver to increase access in low-income countries to diagnostics and therapeutics.