India, Pakistan, and South Africa requested a five-year global patent waiver for Covid-19 diagnostics and therapies from the WTO. The US refused to prolong the waiver, which applies specifically to Covid-19 vaccinations.
Indian, Pakistani, South African, and five other countries want a five-year global patent waiver for Covid-19 diagnostics and therapies.
In a WTO submission, they called diagnostics and therapies “essential tools for a comprehensive approach to fight the pandemic, that it is not over”.
Monday’s petition by 65 WTO members came after the US did not take sides in prolonging the waiver, which applies specifically to Covid-19 vaccinations.
India, South Africa, and 80 other WTO members have sought TRIPS exceptions for future pandemics for almost two years, but the ministerial outcome of 2022 (MC12) only covered Covid-19 vaccines, with the US delaying decisions on therapeutics and diagnostics.
“The MC12 Decision on the TRIPS agreement is extended mutatis mutandis for the production and supply of Covid-19 therapeutics and diagnostics,” India and others wrote in the draft decision language on Monday.
They urged the WTO to “respond to the criticism that the decision on vaccines came too little too late” and address the COVID-19 pandemic and inequitable access to medications and diagnostics.
They said extending the policy tools to therapeutics and diagnostics will provide a holistic approach to help developing countries overcome intellectual property (IP) barriers that prevent production expansion and diversification and increase access to life-saving Covid-19 tools.
The draft text states that “omitting these vital tools” will hinder the decision to provide timely and inexpensive vaccines against the COVID-19 pandemic.
Last Monday, the UK, EU, US, Switzerland, and Japan said there was no evidence of IP-related hurdles to such medicines and that the Covid-19 outbreak was over, therefore there was no need for an extension.
“The current outcome represents a narrow-conditioned decision due to demands of some WTO members, requiring significant compromises on the part of the co-sponsors,” India and the others.
Conclusion
India, Pakistan, and South Africa requested a five-year global patent waiver for Covid-19 diagnostics and therapies from the WTO. These technologies are necessary for a comprehensive pandemic response, according to 65 WTO members’ submission. The application comes after the US did not take sides in extending the waiver for Covid-19 vaccinations. India, South Africa, and 80 other WTO countries have sought TRIPS exceptions for future pandemics, but the 2022 ministerial outcome only covered Covid-19 vaccinations. The contribution extends policy tools to pharmaceuticals and diagnostics to help developing nations overcome intellectual property barriers to manufacture and obtain life-saving Covid-19 technologies. The submission matters since the UK, EU, US, Switzerland, and Japan have found no IP hurdles to similar products.
