#TRIPSWaiver European Commission is offering no meaningful solutions for equitable access
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The signatories to the letter point out that communications from the Commission to the World Trade Organization’s TRIPS Council offer no meaningful solutions for equitable access to vaccines & other health technologies to combat the COVID-19 pandemic.
Read the full text of the letter, and the list of signatories below, or download the PDF.
We, the undersigned, would like to express our serious concerns regarding the position of the European Commission on efforts to increase access to COVID-19 vaccines, treatments, and other medical goods by means of a temporary waiver of certain provisions of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
For over a year, the pandemic has been ravaging societies and economies. Meanwhile, disparities in access to vaccines and other health technologies have resulted in uneven paths of recovery, with many countries yet to see any light at the end of the tunnel. The proposal from India and South Africa on a TRIPS waiver, submitted in October 2020, and the revised decision text presented in May, attempt to address inequities in access to critical commodities for controlling COVID-19. They do so by expeditiously facilitating freedom to scale up production and diversify supply options. This proposal is now co-sponsored by 63 World Trade Organization (WTO) Members and supported by more than 100 Members.
In the last nine months, the proposal has been discussed extensively and the co-sponsors have responded to questions and requests from WTO Members, including the European Union (EU). The proposal has received massive global support and is backed by United Nations agencies including the World Health Organization and UNAIDS, the scientific community, medical associations, trade unions, community and faith-based leaders, national and regional lawmakers, former presidents, prime ministers and Nobel laureates.
Within the EU, Member State legislatures in Spain, France and Italy have been vocal in supporting motions for a waiver at the WTO. Furthermore, the European Parliament recently approved a resolution “calling for support for proactive, constructive, and text-based negotiations for a temporary waiver of the WTO TRIPS Agreement, aiming to enhance global access to affordable COVID19-related medical products and to address global production constraints and supply shortages”[1].
On 4th June 2021, the European Commission submitted communication IP/C/W/680[2] to the Council for TRIPS titled “Urgent Trade Policy responses to the COVID-19 crisis: Intellectual Property”. This was followed by another communication on 18th June proposing a declaration on the TRIPS Agreement and Public Health in the circumstances of a pandemic (IP/C/W/681)[3].
The communications presented by the European Commission to the WTO are, in our view, devoid of any useful solutions, despite this being a critical point at which the WTO should be making decisive and concrete contribution to ensure timely, equitable global access to vaccines, treatments, diagnostics, and other COVID-19 health technologies and goods.
The clarifications contained in the communications are inadequate as they address issues that have never been in dispute and that are clearly provided for in the text of Article 31, and Article 31bis of the TRIPS Agreement and the Doha Declaration on TRIPS and Public Health.[4] These “pseudo-proposals” will create nothing but confusion and will simply serve to distract and delay discussion on the TRIPS waiver proposal.
The communications also fail to address the major underlying concern with respect to compulsory licensing – that its “case-by-case” or “product-by-product” approach is limiting during the pandemic and that this approach means additional tools are needed to overcome IP barriers.[5] In fact, historically the EU, the US and other high-income countries have discouraged developing countries from using compulsory licensing. Further, the requirements of Article 31bis of the TRIPS Agreement have rendered the mechanism unworkable to generally address access to medicines, even more so during a pandemic.
In addition, the communications’ focus on compulsory licensing is short-sighted in that it does not address the broader challenges posed by intellectual property rights, such as trade secrets, industrial designs and copyright that are needed to produce vaccines and other health technologies.
The disparity in access between high-income and lower-income countries is vast. Latest data shows that high-income countries that represent only 16% of the world population have fully vaccinated 28.5% of their populations, while a mere 0.1% of people in low-income countries and on average about 7.8% of middle-income countries have been fully vaccinated[6]. Similarly access to testing, therapeutics and other health technologies remains a challenge in developing countries. There is an urgent need to scale up and diversify production of vaccine and other critical technologies.
The EU’s communications cannot be considered as an alternative to the waiver proposal to address the pandemic access issues because they do not respond to any of the elements and concerns raised by the co-sponsors of the TRIPS waiver proposal and introduces text that may instead undermine the use of existing TRIPS flexibilities. In fact, we note that the TRIPS Waiver is based on a specific process under Article IX of the WTO.
To conclude:
We urge the EU Member States to request that the European Commission reconsiders its communications to the TRIPS Council given that they do not offer any meaningful solutions to the issue of equitable access and may instead undermine TRIPS flexibilities.
We demand that the EU does not disrupt the discussions on the TRIPS waiver proposal. The EU must acknowledge the European Parliament’s opinion and constructively engage in the text-based negotiations of the TRIPS waiver proposal (IP/C/W/669/Rev.1), ensuring the will of European citizens and billions of people around the world is heard and realized.
Sincerely,
Signatory organizations
International Organizations
African Centre for Global Health & Social Transformation (ACHEST)
Action against AIDS Germany
ActionAid Nederland
AIDS Action Europe
Amnesty International
APN+
Asia Pacific Forum on Women, Law and Development
Asian Health Institute
Association for Proper Internet Governance
Australian Arts Trust / Music Trust
Brot füer die Welt
BUKO Pharma-Kampagne
Centre for Health and Resource Management
CHISA
Comitato ICE NOPROFITONPANDEMIC Cosenza
Consiglio Nazionale delle Ricerche (Italy)
Corporate Europe Observatory (CEO)
COVID Advocates Advisory Board
Development Alternatives with Women for a New Era (DAWN)
Drug Action Forum – Karnataka
East African Health Platform
Education International
European African Treatment Advocates Network
European AIDS Treatment Group
European Citizens’ Initiative No Profit on Pandemic
European Federation of Public Service Unions (EPSU)
Farmamundi
Feminist Task Force
Focus on the Global South
Fondation Eboko
Fondazione Lelio e Lisli Basso Onlus
Foundation for Integrative AIDS Research (FIAR)
Frontline AIDS
Fundación Salud por Derecho
Gandhi Development Trust
GenderCC SA
Global Health Advocates / Action Santé Mondiale
Global People’s Health Movement
Governance Links
GRAIN
Health Action International (HAI)
Health Action International Asia Pacific
Health Alliance International
Health GAP
HIV Legal Network (Canada)
Human Rights Watch
IFARMA Foundation
Latin American Institute for La Paz and Citizenship (ILAPYC)
IndustrialALL Global Union
Institute for Agriculture and Trade Policy
Institute for Economic Research on Innovation
Interfaith Center on Corporate Responsibility
International Federation of Anthroposophic Medical Associations
International Treatment Preparedness Coalition (ITPC)
International Union of Food, Agricultural,Hotel, Restaurant, Catering, Tobacco and Allied Workers Associations (IUF)g
International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific)
IT for Change
ITPC-LATCA
Kazan Medical University
KEI Europe
Médecins du Monde
Médecins Sans Frontières (MSF) Access Campaign
Medical Mission Institute
Medicina Democratica Onlus
Medicusmundi
NGO Santé Diabète
Oxfam International
Pan-African Treatment Access Movement
Peoples Health Movement
People’s Health Movement (PHM) Europe
Pertubuhan Kebajikan Intan Zon Kehidupan
Pharmaceutical Accountability Foundation
PHM – Zambia
PT Foundation
Public Service International (PSI)
Right2cure/Dirittoallacura Italia
Salud y Fármacos
Sisters of Charity Federation
Society for International Development (SID)
Solidarité Agissante pour Développement Familial (SADF)
South Asia Alliance for Poverty Eradication (SAAPE)
Southern African Programme on Access to Medicines and Diagnostics (SAPAM)
The European Network against Commercialisation of Healthcare and Social Protection
The Global Network of People living with HIV (GNP+)
Third World Network
Transnational Institute
Transparency International Global Health
Treatment Action Group
UNI Global Union
University College Dublin
Viva Salud
WeMove Europe
Womankind Worldwide
World Vision Deutschland e.V.
Yolse, Santé Publique et Innovation
National Organizations
Access to Medicines Ireland
Acción Internacional para la Salud (AIS PERU)
ActionAid Ireland
ADSP-IB Associació per a la Defensa de la Sanitat Pública de les Illes Balears
Africa Japan Forum
Alianza por la Solidaridad-ActionAid
Alliance Women of Advocating for Change (AWAC)
All India Drug Action Network
Ashar Alo Society
Asociación de Mujeres Gente Nueva-AMUGEN-
Asociación por un Acceso Justo al Medicamento
Associação Brasileira Interdisciplinar de AIDS (ABIA)
Association de Lutte Contre la Dépendance
Association For Promotion Sustainable Development
Australian Fair Trade and Investment Network
Belgia Center for Pharmacotherapeutical Information
Bolivian Commitee for Consumers Protección CODEDCO
Canadian Centre for Policy Alternatives (CCPA)
Cancer Alliance, South Africa
Coalition of Women Living with HIV and AIDS
Center for Health, Human Rights and Development (CEHURD)
Child Way Uganda
CNCD-11.11.11
Coalition for Health Promotion and Social Development (HEPS Uganda)
Coalizione Italiana Libertà e i Diritti civili (CILD)
COAST Trust
Consumer Association the Quality of Life-EKPIZO
Consumers’ Association of Penang
Cooperative and Policy Alternative Center
Coordinadora de Organizaciones para el Desarrollo
Crisis Home
Dandora Community Aids support Association (DACASA)
Ecologistas en Acción
Equidad de Género: Ciudadanía, Trabajo y Familia
Fairwatch
Federación de Asociaciones para la Defensa de la Sanidad Pública
Focsiv Italian Federation Christian NGOs
Forum Maranhense Das Respostas Comunitarias de Luta Contra as IST AIDS e Hepatites Virais
Fórum ONG AIDAS RS
Foundation for Male Engagement (FOME)
Friends of the Earth Malaysia
Fundación Grupo Efecto Positivo (FGEP)
GeneEthics
Gestos (soropositividade, comunicação, gênero)
Grupo de Incentivo à Vida (GIV)
Grandmothers Advocacy Network
Grupo de Resistência Asa Branca- GRAB
Grupo Pela Vidda SP
Handel Anders Coalitie
Health Equity Initiatives
Indonesia AIDS Coalition
Indonesia for Global Justice
Initiative for Health & Equity in Society
Innovations for Development (I4DEV)
Integrated Social Development Effort (ISDE) Bangladesh
International Community of Women Living with and affected by HIV- Kenya Chapter
IPleft
ItsOurFuture (NZ)
Just Treatment
Kamukunji Paralegal Trust (KAPLET)
Kenya Legal & Ethical Issuse Network on HIV & AIDS
Kenyan Network of Cancer Organizations
Khulumani Support Group
Konsil LSM Indonesia
Korean Pharmacists for Democratic Society
Malawi Health Equity Network
Malawi Network of Religious Leaders Living with or Personally Affected by HIV and AIDS (MANERELA+)
Malaysian Women’s Action for Tobacco Control and Health
Milwaukee Fair Trade Coalition
National Alliance of People’s Movements
national Alliance of women Human Right defenders
National Alliance of Women Human Rights Defenders (NAWHRD)
National Fisheries Solidarity
New Kashmir Women and Child Welfare Society
Non-communicable Diseases Alliance Kenya
Oxfam IBIS
Pacifc Asia Resource Center (PARC)
People’s Health Movement (PHM) Korea
People’s Health Movement-Japan Circle
Perkumpulan Medialink
Perkumpulan PRAKARSA
Pertubuhan Persaudaraan Pesawah Malaysia (PeSAWAH)
PHM Kenya
Positive Malaysian Treatment Access & Advocacy Group (MTAAG+)
Positive Men’s Union (POMU)
Public Citizen
Red de Acceso a Medicamentos
Rural Area Development Programme (RADP)
Sankalp Rehabilitation Trust
Southern and East African Trade Institute – South Africa (SEATINI)
Servicios Ecumenicos para Reconciliation y Reconstruccion
Sotsium Association
Southern and Eastern African Trade Information and Negotiations Institute
Sukaar Welfare Organization
Tarangini Foundation
TB Proof
The Malaysian AIDS Council (MAC}
The People’s Health Movement South Africa
Trade Justice Network Canada
Trade Justice Pilipinas
Trade Justice Prince Edward Island
Tusitukirewamu Group Bwaise
UFRJ
Uganda Key Populations Consortium Uganda (UKPC)
University Health Network
University of Naples Federico II
We Rise and Prosper (WRAP)
WEMOS
Women’s Coalition Against Cancer- WOCACA
Women’s Probono Initiative (WPI) – Uganda
Zimbabwe National Network of PLHIV (ZNNP+)
[1] Texts adopted – Meeting the Global Covid-19 challenge: effects of waiver of the WTO TRIPS agreement on Covid-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries – Thursday, 10 June 2021 (europa.eu)
[4] MSF analysis of EU communications to TRIPS Council on COVID-19 IP waiver proposal
https://msfaccess.org/msf-analysis-eu-communications-trips-council-covid-19-ip-waiver-proposal and “Disinformation, Diversion, and Delay: The Real Text of the European Union’s Communication to the WTO TRIPS Council” at http://infojustice.org/archives/43180
[5] Compulsory licenses, the TRIPS waiver and access to COVID-19 medical technologies https://msfaccess.org/compulsory-licenses-trips-waiver-and-access-covid-19-medical-technologies and MSF Technical Brief: Analysis of EU position on compulsory licensing and TRIPS waiver in the COVID-19 pandemic https://msfaccess.org/analysis-eu-position-compulsory-licensing-and-trips-waiver-covid-19-pandemic