Call for Review of TRIPS Agreement: India’s Joint Statement at WTO

  • March 14, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
No Comments

 

 

Call for Review of TRIPS Agreement: India’s Joint Statement at WTO

Subject: IR

Section: International organisation

Under 13th Ministerial Conference of the World Trade Organization (WTO) in Abu Dhabi, where the temporary waiver of certain intellectual property rights (TRIPS) for Covid-19 related therapeutics and diagnostics was not extended, India, along with Bangladesh, Colombia, and Egypt, has jointly called for a review of the TRIPS Agreement.

Objective of the Joint Call:

  • The joint statement calls for a review of the TRIPS Agreement with a focus on the development dimension, technology transfer, and other concerns of developing countries.
  • This review is intended to build on the lessons learned during the Covid-19 pandemic.

Key Points of the Submission:

  1. First Review under Article 71:
    • The joint submission calls upon the Council for TRIPS to undertake its first review under Article 71 on the implementation of the TRIPS Agreement.
  2. Examination of TRIPS and CBD Relationship:
    • India and other nations are pursuing the fast-tracking of the examination of the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD).
    • The goal is to align the TRIPS Agreement with the CBD and create rules that prevent bio-piracy and protect traditional knowledge.

Background on TRIPS Agreement:

  • The TRIPS Agreement, effective since January 1, 1995, sets out the minimum standards of intellectual rights protection required by each WTO Member.
  • It provides guidelines for the protection of various forms of intellectual property, including patents.

Continuation of Work after MC13:

  • While the TRIPS waiver on vaccines was not extended to therapeutics and diagnostics at the WTO MC13, the joint declaration emphasizes the need to continue work in relevant WTO bodies.
  • The goal is to review and build on the lessons learned and challenges experienced during the Covid-19 pandemic.
  • This effort aims to develop effective solutions for future pandemics in an expedited manner.

Conclusion:

India and its partner countries are advocating for a comprehensive review of the TRIPS Agreement to address the development concerns of developing nations, ensure fair access to medicines and technology, and protect traditional knowledge. The joint call reflects the ongoing efforts to align international trade rules with global health priorities and the needs of all member countries.

Key Outcomes of WTO’s 13th Ministerial Conference (MC13):

  1. Accessions:
    • Endorsed the accession of Comoros and Timor-Leste, bringing WTO membership to 166 countries.
  2. Reform of Deliberative and Negotiating Functions:
    • Ministers welcomed efforts to improve WTO Councils, Committees, and Negotiating Groups for efficiency and effectiveness.
  3. Dispute Settlement System:
    • Renewed commitment to achieving a fully functional dispute settlement system accessible to all Members by 2024.
  4. E-Commerce:
    • Extended the e-commerce moratorium until MC14 or March 31, 2026.
  5. TRIPS Non-Violation and Situation Complaints:
    • Extended the moratorium on “non-violation” and “situation” complaints under the TRIPS Agreement.
  6. COVID-19 Related TRIPS Waiver:
    • Took note of the lack of consensus on expanding special rules for compulsory licenses to COVID-19 diagnostics and therapeutics.
  7. Special and Differential Treatment:
    • Adopted a decision to improve the use of S&D provisions, especially in technical barriers to trade and sanitary measures.
  8. Sustainability Initiatives:
    • Worked on initiatives such as Dialogue on Plastics Pollution and Fossil Fuel Subsidy Reform.
  9. Fisheries Subsidies:
    • Welcomed progress towards the Agreement on Fisheries Subsidies (AFS) entry into force, with 71 Members ratifying the agreement.

Conclusion:

The WTO faces significant challenges in maintaining its relevance and effectiveness in the global trading system. Key outcomes of MC13, such as agreements on e-commerce, fisheries subsidies, and sustainability initiatives, highlight progress amid complex trade dynamics. India’s concerns, particularly in agriculture, market access, and IPR, reflect the diverse issues member countries navigate.

Necessary reforms, including dispute settlement revitalization, rule updates, and S&D enhancements, are crucial for the WTO to address current trade challenges and promote inclusive, sustainable global trade. As the world economy evolves, the WTO must adapt to remain a central pillar of international trade governance.

Compulsory Licensing (CL) is a legal mechanism that allows governments to grant licenses to third parties to produce, use, or sell a patented product or process without the consent of the patent holder. This is typically done to address certain public interest concerns, such as ensuring access to essential medicines, promoting competition, or addressing market failures.

Call for Review of TRIPS Agreement: India's Joint Statement at WTO IR