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Business News/ News / World/  ‘No intention to keep waiver indefinitely’
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‘No intention to keep waiver indefinitely’

The proponents have no intention of denying benefits of IP rights beyond the 3-year period, said India

WTO members have agreed to a text-based process to address the proposals seeking patent waiver for covid-19 vaccines.reutersPremium
WTO members have agreed to a text-based process to address the proposals seeking patent waiver for covid-19 vaccines.reuters

India has assured the World Trade Organization (WTO) that co-sponsors of the proposal seeking patent waiver for covid-19 vaccines and drugs have no intention to continue it indefinitely, or deny the intellectual property (IP) right holders the due benefits beyond the proposed three years.

WTO members have agreed to text-based negotiations, which may begin on 17 June.

“The proponents have no intention of continuing the waiver for an indefinite period and have no intention of denying benefits of IP rights to right holders beyond the waiver period. Therefore, India will request members having such doubts to join the text-based negotiations," the government said at the two-day Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council meet that ended on 9 June.

WTO members agreed to a text-based process to address the proposals to improve international response to the pandemic and achieve the common goal of providing global equitable access to vaccines and other medical products. However, the text-based negotiations will involve both the texts proposed by India and South Africa as well as the European Union (EU).

“They (members) expressed their willingness to engage constructively in a discussion based on two proposals tabled by members, namely the revised proposal for a waiver from certain provisions of the TRIPS agreement, co-sponsored by over 60 delegations, and the communication from the EU on urgent trade policy responses to the pandemic," the WTO secretariat said in a statement.

The EU’s proposal calls for limiting export curbs, supporting expansion of production and facilitating the use of current compulsory licensing provisions in the TRIPS agreement, and clarifying that the requirement to negotiate with the right holders of the vaccine patent does not apply in urgent situations such as a pandemic, among other issues.

The co-sponsors of the patent waiver to boost supplies of life-saving drugs and vaccines for covid-19 presented a revised proposal on 21 May seeking that the temporary waiver be in place for three years, given the uncertainty regarding the vaccine effectiveness on children and against new variants.

India said a fair conclusion can be drawn that all members have concurred that the solution needs to be comprehensive and multipronged, and that various ways can be pursued simultaneously and without prejudice.

TRIPS Council chair Dagfinn Sørli said he intends to consult members on how the process can be held urgently so that a report can be placed at the general council meet scheduled for 21-22 July.

“This date presents itself as a natural target date for our efforts," he noted, warning that members need to be prepared for an intensive process in various formats, which would likely require flexibility and compromise on all sides. “Members will be called to an informal meeting on 17 June to assess how textual discussions can move forward and to agree on the steps to be taken leading up to the General Council meeting," the WTO said in a statement.

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Published: 14 Jun 2021, 12:58 AM IST
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