Now that the WTO members have finally been able to agree on a TRIPS ‘waiver’ for covid-19 at the 12th Ministerial Conference, it is time to critically evaluate this waiver decision. To start with, the only key waiver in this decision is in its paragraph 3(b) which permits an eligible member to waive Article 31(f)… Continue reading The TRIPS COVID ‘Waiver’ Decision: Rhetorical Action or Realistic Solution?
The official draft text of the proposed TRIPS Waiver for covid-19 has now been released. It was circulated to members of the TRIPS Council on the 3rd of May 2022. The official draft text was accompanied with a cover letter from the Director-General of the WTO who noted that the text was the outcome of… Continue reading The Official Text of the Proposed TRIPS Waiver for Covid-19
India and South Africa have now submitted a proposal (dated 2 October 2020) to the WTO’s TRIPS Council requesting for the waiver of Sections 1 (Copyright), 4 (Industrial Designs), 5 (patents), and 7 (undisclosed information) of Part II of the TRIPS Agreement in relation to the prevention, containment, and treatment of COVID-19. The waiver would… Continue reading Suspending TRIPS to Fight COVID-19?