Power Asymmetries Re-emerge in the Discussions On COVID-19 Drugs & Tests at the WTO

Newsletter Edition #157 [Geneva Health Files Newsflash]

Hi,

In an illuminating conversation with a senior European politician recently, I was told that Europe was surprised that vast swathes of Africa and some Asian countries had not sided with the EU on the matter of Ukraine. The member of European Parliament pointed out that this need not have been surprising given the lack of effective and timely support from the EU in the TRIPS waiver discussions at the WTO at the height of unfolding vaccine inequities.

The past is not far away. And yet, just in a few months, we are already inhabiting changed circumstances. But the rancor and uneasiness will no doubt hang over upcoming negotiations over COVID-19 tests and drugs at the WTO.

We bring you a news flash today to take stock of these discussions followed by a meeting at the WTO this week.

Although it seems we are in familiar terrain again, we will be reporting on these negotiations with fresh eyes. Thank you for reading.

Our reportage on these discussions have now been compiled into a book. We will soon share details on how you can order copies.

Until later.

Priti

Feel free to write to us: patnaik.reporting@gmail.com or genevahealthfiles@protonmail.com; Follow us on Twitter: @filesgeneva

---

STORY OF THE WEEK

Power Asymmetries Re-emerge in the Discussions On COVID-19 Drugs & Tests at the WTO

A replay of delaying tactics witnessed during TRIPS waiver talks?

This week WTO members met for an informal meeting of the TRIPS Council on 19 September to discuss the way forward on potentially extending the June Ministerial decision  to medicines and tests, beyond vaccines. The ministerial decision saw the streamlining of certain existing patent rules, that could make the production and exports of generic vaccines easier. These temporary measures are applicable within a limited period of time for up to five years.

There are already clear indications that these negotiations are expected to be difficult on their merit. This follows twenty months of tough discussions on the original TRIPS Waiver proposal.

Some developed countries have sought more time for internal consultations. In July, the US had said that the WTO does not have a mandate and that the decision is limited to whether or not to extend the new rules to medicines and tests (See our earlier story).

Proponents, mostly developing countries, are pushing for a timely and early resolution of this mandate within the indicated timeline of December 17, 2022, six months from the Ministerial decision as articulated in the text agreed in June 2022. Members have three months left to find ways on extending the potential mechanism to tests and treatments.

At the time of the Ministerial, we had reported that both activists and the industry were not in favor of using the current mechanism for tests and diagnostics. For the advocates, the existing mechanism is largely seen as a bad outcome that will not help in the manufacturing of tests and drugs. For the industry, any form of waiver that deviates from the existing IP rules is unacceptable. In addition, vaccines are a typical kind of medical products, very different from therapeutics or tests, industry experts had told us.

Photo by Magda Ehlers: Pexels