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Intellectual Property

Dáil Éireann Debate, Tuesday - 13 July 2021

Tuesday, 13 July 2021

Questions (193)

Holly Cairns

Question:

193. Deputy Holly Cairns asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide his response to a call for a TRIPS waiver of Covid-19 vaccines and treatments from a group (details supplied). [38040/21]

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Written answers

International Trade is a competence of the EU under the Treaties. In exercising that competence at the WTO, the European Commission engages with Member States, including Ireland, through a variety of Committee and Working Parties/Groups, including on intellectual property. The EU continues to be committed to an open and comprehensive dialogue with all WTO members to explore how the multilateral rules-based trading system can best support universal and equitable access to COVID-19 vaccines and treatments.

Universal and equitable access to safe, effective and affordable diagnostics, treatments and vaccines is crucial in the global fight against COVID-19. The EU’s participation in the recent G7 discussions, where additional commitments on the provision of vaccines globally was agreed, bears witness to that.

The EU believes that the WTO international agreement on Trade Related Aspects of Intellectual Property Rights (The TRIPS Agreement), allows countries the flexibility to respond to the concerns raised by proponents of the waiver. Specifically, the TRIPS Agreement allows compulsory licensing, which is when a government permits an entity to produce the patented product or process without the consent of the patent owner.

The EU has submitted a proposal for a Declaration to the WTO TRIPS Council, which seeks to clarify how the existing TRIPS flexibilities could be more effective than a waiver.

On the 4th of June, the EU also submitted a proposal to the WTO General Council, which proposes that WTO Members could agree on a global trade initiative for equitable access to COVID-19 vaccines and therapeutics encompassing the three components of (i) trade facilitation and disciplines on export restrictions; (ii) concrete actions to expand production and ensure supply of vaccines at affordable prices to low and middle income countries during the pandemic and (iii) clarification and facilitation of TRIPS Agreement flexibilities relating to compulsory licenses.

Production capacity is a key issue here and, again at the recent G7 summit, the EU Commission announced €1bn in funding towards the building and creation of an enabling environment in long-term vaccines manufacturing and production capacity in Africa.

Ireland will engage with the European Commission and other member states on the EU position for the WTO discussions on how the intellectual property protections flexibilities for COVID-19 vaccines can help to resolve the crisis and contribute towards increasing the manufacturing capacity and the equitable access to vaccines around the world.

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