WTO to stretch deadline on extending TRIPS Decision to COVID diagnostics, therapeutics

By E.C.V. & ASOCIADOS

At a formal meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members agreed on the content of a report that was submitted to the General Council on 19-20 December, 2022.
The report reads as follows:

“In view of paragraph 8 of the Ministerial Decision on the TRIPS Agreement adopted on 17 June 2022 (the ”Decision”) providing that no later than 6 months from the date of this Decision, members will decide on its extension to cover the production and supply of COVID-19 diagnostics and therapeutics, the TRIPS Council recommends that the General Council extend the deadline.”

At the 12th WTO Ministerial Conference (MC12), trade ministers adopted the TRIPS Decision, which confirms the right of members to override the exclusive effect of patents and provide greater scope to take direct action to diversify production of COVID-19 vaccines through clarifications of existing flexibilities and a targeted waiver over the next five years.

In paragraph 8, the Decision contains a commitment that by 17 December, 2022, members would decide on its possible extension to cover the production and supply of COVID-19 diagnostics and therapeutics. Since then, members have not been able to reach consensus on the substance of the matter despite numerous meetings held in recent months in various configurations.