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.
International Trade is a competence of the EU under the Treaties. In exercising that competence at the World Trade Organisation or WTO, the European Commission engages with Member States, including Ireland, through a variety of Committee and Working Parties/Groups, including on intellectual property, or IP.
South Africa and India amended their original proposal for a waiver by broadening the scope; it now covers all COVID-19 related health products and technologies for prevention, treatment, and containment of the disease and provides that the waiver shall be in force for 3 years and that only the WTO General Council in a consensus decision could determine the date of termination of the waiver.
On the 4th of June, the EU 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 G7 earlier this month, the EU Commission announced €1b in funding for the building of production capacity in Africa, which will create long-term production capacity in Africa. The US Government announced its support for a waiver of IP protection for COVID-19 vaccines only. The statement acknowledged that reaching agreement on this at the WTO will take time given the consensus-based nature of the institution and the complexity of the issues involved.
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.
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 also believes that voluntary licensing and the dissemination of technology and know-how is the more effective way of quickly scaling up manufacturing globally.
The EU considers that the COVAX Facility, the international initiative to ensure global supply and access to COVID-19 vaccines, is the mechanism that is best placed to ensure that high-income countries finance the vaccines and support the developing countries to secure their share of global supply.
The EU has also 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.
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.
