Dáil Éireann Debate, Tuesday - 11 October 2022
160. Deputy David Cullinane asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will support the 17 June 2022 WTO decision on the TRIPS Agreement to therapeutics and diagnostic tests without further restrictions or conditions. [50366/22]
View answer171. Deputy John Paul Phelan asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will clearly outline Ireland's position on the proposal to extend the TRIPS waiver to therapeutics and diagnostics for Covid-19, which is the subject of discussion at the World Trade Organization; and if he will make a statement on the matter. [50239/22]
View answer172. Deputy John Paul Phelan asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on whether intellectual property rights should be protected, especially in the development of innovative medicinal products; and if he will make a statement on the matter. [50240/22]
View answer173. Deputy John Paul Phelan asked the Tánaiste and Minister for Enterprise, Trade and Employment the level of engagement that his Department has had with the European Commission in respect of the proposed extension of the TRIPS waiver to therapeutics and diagnostics for Covid-19; and if he will make a statement on the matter. [50241/22]
View answerI propose to take Questions Nos. 160, 171, 172 and 173 together.
Responding to the exceptional circumstances of the COVID-19 pandemic, Ministers at the WTO Ministerial Conference in June 2022 agreed an outcome in relation to the production and supply of Covid-19 vaccines.
The ‘Ministerial Decision on the TRIPS Agreement’ provides for a waiver of certain obligations of the TRIPS Agreement and includes clarifications that will allow eligible WTO Members to authorise a company to manufacture and export COVID-19 vaccines in a fast and simplified manner and without the consent of the patent owner.
Developing countries will be able to use this solution to authorise the manufacture, import or export of COVID-19 vaccines without prior negotiation with the patent owner and without any notification requirements that would delay the start of the manufacture or export.
Equally important is the clarification that the remuneration for patent owners may take account of humanitarian or not-for-profit purpose of production and hence support the production and supply of COVID-19 vaccines at affordable prices for those in need.
The Ministerial Decision covers COVID-19 vaccines as well as the ingredients and processes necessary for their manufacture. At the time of the adoption of the Decision, there was no consensus among the Members to cover also COVID-19 diagnostics and therapeutics.
As a compromise, paragraph 8 of the Decision stipulates that no later than six months from the date of that Decision (17 December 2022), Members will be expected to decide on whether to extend the Decision to cover the production and supply of COVID-19 diagnostics and therapeutics.
Trade is an exclusive competence of the EU, and accordingly the negotiations on TRIPS, as a trade matter, are led by the EU. The EU is in the process of conducting internal consultations and analysis on the extension, taking into consideration that the case for COVID-19 therapeutics and diagnostics is more complex than the one pertaining to vaccines.
Discussions on the extension of the mechanism to cover the production and supply of COVID-19 diagnostics and therapeutics are ongoing in the WTO and the EU is engaging constructively in these discussions.
Ireland will continue to engage with the European Commission and other Member States on the EU position. A decision to extend the earlier Ministerial Decision from June 2022 will require the agreement of all WTO Members.
