Submission by the South Centre to the USITC hearing on Covid-19 diagnostics and therapeutics (17 March 2023)
India, South Africa and co-sponsors made a proposal for a waiver to certain provisions of the provisions of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in March 2020. In June 2022, the WTO Ministerial Decision on the TRIPS Agreement provided a partial waiver to obligations in Article 31, namely an exception to the 31.f export restrictions, in relation to patents for Covid-19 vaccines. No decision has yet been made with respect to diagnostics and therapeutics for Covid-19.
In this context, the U.S. Trade Representative (USTR) requested the U.S. International Trade Commission (USITC) to prepare a report on Covid-19 diagnostics and therapeutics.
Read below the submission by the South Centre to the USITC investigation: COVID-19 Diagnostics and Therapeutics: Supply, Demand, and TRIPS Agreement Flexibilities (Inv. No. 332-596).
Opening Statement of the South Centre to the WHO INB4 (February 27, 2023)
The South Centre, the international organization and think tank of 55 developing countries, appreciates the opportunity to provide a statement.
We applaud the effort done so far, yet consider that the current Zero Draft is not ambitious enough.
The Zero Draft text should be read against the purported objectives of the international instrument…
South Centre Statement on the extension of the TRIPS waiver for diagnostics and therapeutics for COVID-19 (9 January 2023)
Developing countries should consider options that can be implemented now to deal with IP barriers to expand production and access to COVID-19 therapeutics and diagnostics, while the so far elusive decision on whether to extend a TRIPS waiver to cover these products is taken by WTO.
WHO, WIPO & WTO Trilateral Symposium 2022 South Centre Opening Statement (16 December 2022)
by Viviana Munoz Tellez
The world was unprepared prior to the Covid-19 crisis and remains so for new ones. The Covid-19 response was faulty. Covid-19 recovery has been slow and painful, in particular for developing countries. Read the South Centre opening statement at the WHO, WIPO & WTO Trilateral Symposium 2022: Lessons from Covid-19.
South Centre Statement – WHO proposed instrument on pandemics: the Conceptual Zero Draft needs substantial improvement to address global public health needs (9 December 2022)
We welcome the discussions in the WHO on a new instrument on pandemic prevention, preparedness, response and recovery. While we appreciate the preparation and sharing with WHO members of the Conceptual Zero Draft (hereinafter ‘the Draft’), we note that more work is needed to address the insufficiency of the tools at the disposal of the WHO that became evident with the COVID-19 pandemic.
Statement by the South Centre to the 2022 Assemblies of the Member States of WIPO (18 July 2022)
The South Centre is the intergovernmental organization of developing countries based in Geneva that supports developing countries’ efforts to build up a fair and inclusive multilateral system conducive to the achievement of the Sustainable Development Goals (SDGs). We are of the view that a central objective of World Intellectual Property Organization (WIPO) as part of the United Nations (UN) UN system should be to support the achievement of such goals through the promotion of a balanced international intellectual property (IP) system that reflects the interests of countries at different levels of economic and technological development, and in line with the WIPO Development Agenda.
South Centre Comments on the Draft Annotated Outline of a WHO Convention, Agreement or Other International Instrument on Pandemic Prevention, Preparedness and Response (24 June 2022)
The South Centre welcomes the opportunity to provide comments on the draft annotated outline of a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response. Comments are provided with respect to the process and the content.
South Centre Statement: TRIPS WAIVER: AN INSUFFICIENT MULTILATERAL RESPONSE. TRIPS-CONSISTENT NATIONAL ACTIONS ARE CALLED FOR (21 June 2022)
After almost 20 months from the submission of a “TRIPS waiver” request by India and South Africa, co-sponsored by 65 WTO member States (and supported by more than 100 WTO Members), a “Ministerial Decision on the TRIPS Agreement” (WT/MIN(22)/W/15/Rev.2) (‘the Decision’) was belatedly adopted by the 12th Ministerial Conference of the World Trade Organization on 17 June 2022.
This Decision does recognize that, as argued by developing countries and a large number of organizations and academics, intellectual property (IP) poses obstacles for the expansion of manufacturing capacity and timely access to health products and technologies to respond to COVID-19. The response to the pandemic required a rapid increase in the supply of countermeasures, while technology holders refused to share their technologies.
Not only developed countries successfully deviated the negotiations towards an outcome different from what was pursued by developing countries’ diplomats; the process for its adoption did not allow for the full and informed participation of the latter. The process leading to the Decision confirms the need to fully use the TRIPS flexibilities to address emergency and other situations where public health and other public interests are at stake, and to review the current international IP regime (including article 31bis of the TRIPS Agreement) to accelerate the sharing of technology, including know-how.
South Centre Statement to the WHA 75th Session, May 2022
General Statement
The South Centre highlights priorities for the 75th session of the World Health Assembly: Covid-19 response, sustainable financing for WHO, health emergency preparedness and response.
STATEMENT BY CARLOS M. CORREA, EXECUTIVE DIRECTOR OF THE SOUTH CENTRE, TO THE MEETING OF THE NAM HEALTH MINISTERS ON THE OCCASION OF THE 75TH WORLD HEALTH ASSEMBLY, MAY 20, 2022
The South Centre has closely followed issues concerning access to medicines and the work of the WHO over the years. In the last couple of years, it has provided analyses and advice in connection with the COVID-19 crisis that has so severely affected the members of NAM.
South Centre Statement to the WHO Executive Board 150th Session (24 January 2022)
The South Centre, the intergovernmental organization of 54 developing countries from Africa, Asia, Latin America and the Caribbean, considers that key outcomes from the work of the 150th Executive Board should include…
South Centre Statement to the Special Session of the WHA (November 2021)
This WHA is convening in special session with the promise of starting a process that could ultimately lead to saving millions of lives. The most pressing priority is to get vaccines and other essential tools to the people that need them now, in all corners of the world. Redoubling efforts to help countries that are struggling the most to respond to the pandemic is an ethical imperative and would serve to contain the global spread of the virus and its new variants.
Statement by the South Centre on the WTO Doha Ministerial Declaration on TRIPS and Public Health on its Twentieth Anniversary (November 2021)
Twenty years since its adoption on this day, the WTO Doha Declaration on TRIPS & Public Health has helped to advance TRIPS flexibilities in national laws, judgements, panel reports and FTAs. However, the COVID-19 pandemic has exposed significant challenges to the full use of TRIPS flexibilities that should be addressed by WTO Members.
Statement by the South Centre to the 2021 Assemblies of the Member States of WIPO (October 2021)
We are of the view that a central goal of WIPO as part of the UN system is to support the achievement of the Sustainable Development Goals. A balanced and flexible international intellectual property system, with adequate safeguards, can be supportive of the SDGs, as set by SDG 3b. Global supply and access to Covid-19 countermeasures can be accelerated with increased cooperation and removal of IP barriers. WIPO should support its Members to reach agreement on a temporary waiver of the TRIPS Agreement.
Statement by the South Centre on the extension of the transition period for LDCs under the TRIPS Agreement (June 2021)
The TRIPS Council decision to extend the TRIPS transition period for LDCs until 1 June 2034 confirms their right to an extension but it regrettably does not meet the scope and duration that the LDCs requested. Read our statement …
SOUTH CENTRE STATEMENT FOR NAM HEALTH MINISTERS MEETING AT THE 74TH WORLD HEALTH ASSEMBLY (May 2021)
A new pandemic treaty, if negotiated, should contribute to establish a stronger international health framework, suitable to countries with different levels of development, and equip WHO with the appropriate enforcement mechanisms and tools. Read the South Centre statement.
South Centre General Statement to the Seventy-fourth World Health Assembly (May 2021)
Various interrelated processes, including a possible new pandemic treaty, are at play in addressing the current and future pandemics. Read the South Centre statement to the 74th World Health Assembly.
Scope of Compulsory License and Government Use of Patented Medicines in the Context of the COVID-19 Pandemic (March 2021)
To meet public health needs, such as in the current COVID-19 emergency, governments can use compulsory licenses and government use as a tool for procurement and import of patented medicines.
These mechanisms are provided for in most laws worldwide. The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted (read our Call for Action on Intellectual Property and Trade Measures to Address the Covid-19 Crisis here).
The South Centre offers a guide for the issuance of compulsory licenses and government use, see here, aquí en español.
The table below provides information of instances of their use.
Scope of Compulsory License and Government Use of Patented Medicines in the Context of the COVID-19 Pandemic (February 2021)
To meet public health needs, such as in the current COVID-19 emergency, governments can use compulsory licenses and government use as a tool for procurement and import of patented medicines.
These mechanisms are provided for in most laws worldwide. The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted (read our Call for Action on Intellectual Property and Trade Measures to Address the Covid-19 Crisis here).
The South Centre offers a guide for the issuance of compulsory licenses and government use, see here, aquí en español.
The table below provides information of instances of their use.
South Centre Statement to the WHA 73 Session (November 2020)
Item 13
The COVID-19 pandemic has revealed that, despite the magnitude of the global health challenges it has to face, the WHO is currently unable to fully enforce its directives, norms and standards. It also shows that its funding is neither sustainable nor adequate to respond effectively to current and future global health crises. Overreliance on voluntary targeted funding puts at risk its capacity to operate as the global agency responsible for public health. These are some of the main challenges facing the WHO today.
PROPOSAL BY INDIA AND SOUTH AFRICA TO WAIVE CERTAIN PROVISIONS OF THE WTO TRIPS AGREEMENT TO SUPPORT THE GLOBAL COVID-19 PANDEMIC RESPONSE (October 2020)
The prolongation of the coronavirus COVID-19 pandemic threatens developing countries disproportionately, deepening the catastrophic social and economic crisis and reversing the gains made to date to eradicate extreme poverty and meet the Sustainable Development Goals (SDGs). In this situation, ensuring timely access to essential commodities by overcoming acute shortages faced by countries due to high demand and disruptions in the supply chain is critical. There is also an urgent need to speed up development of new vaccines, treatments and diagnostics, at scale, and make these widely available.
As reaffirmed by many delegations in the special session of the WHO Executive Board, transfer of technology and know-how is fundamental for scaling up manufacturing of medical products and equipment. In this regard, India and South Africa have made a joint proposal to the World Trade Organization (WTO) to temporarily waive certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to support the global Covid-19 pandemic response.
Compilation of Extracts from Selected Country Statements during 73rd World Health Assembly supporting Access to Health Products on COVID-19
The compilation below was done on the basis of published statements on the WHO website (https://apps.who.int/gb/statements/WHA73/) and the speeches delivered orally for those delegations which have not submitted their statements. This is a non-official document for information only.
Message from the South Centre at the launch of the “Solidarity Call To Action” by the President of Costa Rica and the Director-General of the WHO
The architecture for access to medicines and vaccines, which is already complex to manage in normal times, requires even more structured actions in times of a pandemic by the scale of the demand and the urgency in meeting it. This call for solidarity to bring together the technologies and treatments related to COVID 19 is part of the necessary solution. It complements other available instruments for States to facilitate access to prevention and treatment for the population, including through the use of the flexibilities of the WTO TRIPS Agreement.
South Centre Statement at the 73rd World Health Assembly (WHA)
Today we are facing a global health, economic and social crisis, the most serious in the last hundred years. The resolution adopted by this World Health Assembly on COVID 19 should have been more ambitious given the dimension of the current crisis. The response to an exceptional challenge must be exceptional. The COVID 19 pandemic forces us to reflect on whether many health systems and the WHO itself were prepared to face this crisis.
Download the statements (in English and Spanish) –
Message from the South Centre to the 73rd World Health Assembly
Mensaje del South Centre a la 73a. Asamblea Mundial de la Salud
Compulsory Licenses and Government Use of Patented Medicines: Precedents relevant to address COVID-19
To meet public health needs, such as in the current COVID-19 emergency, governments can use compulsory licenses and government use as a tool for procurement and import of patented medicines. These mechanisms are provided for in most laws worldwide. The WTO TRIPS Agreement, as reaffirmed by the Doha Declaration on TRIPS and Public Health, recognises the right of WTO members to grant compulsory licenses and their freedom to determine the grounds upon which such licenses may be granted.
Download Full Document (English)
Download Full Document (Spanish)
Download Full Document (French)
Intellectual Property and Trade Measures to Address the Covid-19 Crisis by the South Centre
The South Centre views with concern the attempts by some governments and industry players to monopolize the availability of treatments, diagnostics, medicines, medical supplies and devices needed for their own nationalist agenda or to maximize profit, ahead of societal interest in tackling the Covid-19 pandemic. The private enforcement of patents and government trade restrictions may pose a dire threat to the containment of this global public health emergency. Governments should act swiftly to put in place legislation and plans to ensure that patents and trade measures do not become barriers for access to those products.
COVID-19 PANDEMIC: ACCESS TO PREVENTION AND TREATMENT IS A MATTER OF NATIONAL AND INTERNATIONAL SECURITY
Open letter from Carlos Correa, Executive Director of the South Centre, to
Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization
Francis Gurry, Director-General of the World Intellectual Property Organization
Roberto Azevêdo, Director-General of the World Trade Organization
CC: António Guterres, United Nations Secretary-General
CC: Verónica Michelle Bachelet, United Nations High Commissioner for Human Rights
Dear Colleagues,
The unprecedented global health crisis caused by COVID-19 represents a global challenge to the essential security interests of all countries. As stated by the World Health Organization Constitution, “the health of all peoples is fundamental to the attainment of peace and security and is dependent upon the fullest co-operation of individuals and States.”
…
Download the Open Letter (English)
Download the Open Letter (Spanish)
Download the Open Letter (French)
Other Updates/Publications:
Book – El debate sobre la exención de los derechos de propiedad intelectual en tiempos de pandemia
Book – Vaccines, Medicines and COVID-19. How Can WHO Be Given a Stronger Voice?
Book – Access to Medicines and Vaccines: Implementing Flexibilities Under Intellectual Property Law
Book – Uso Público No Comercial y Licencias Obligatorias en América Latina: Estado de Situación
Book – Vacunas, medicamentos y patentes. COVID-19 y la necesidad de una organización internacional
Book – Vaccins, Médicaments et Brevets. La covid-19 et l’impératif d’une organisation internationale
Book – Modulos de Introduccion a la Propiedad Intelectual y Salud Pública
Book – Intellectual Property, Human Rights and Access To Medicines: A Selected and Annotated Bibliography (3rd Edition)
Research Paper 141, November 2021: Utilising Public Health Flexibilities in the Era of COVID-19: An Analysis of Intellectual Property Regulation in the OAPI and MENA Regions
Research Paper 134, September 2021: Restructuring the Global Vaccine Industry
Research Paper 132, June 2021: Interpreting the Flexibilities Under the TRIPS Agreement
Research Paper 121, November 2020: The World Health Organization Reforms in the Time of COVID-19
Research Paper 114, June 2020: Equitable Access to COVID-19 Related Health Technologies: A Global Priority
Research Paper 107, April 2020: Guide for the Granting of Compulsory Licenses and Government Use of Pharmaceutical Patents
Policy Brief 81, July 2020: The UN General Assembly Resolutions on COVID-19: Solemn Assurances for Access to Health Technologies without an Action Plan
Policy Brief 80, June 2020: Intellectual Property, Innovation and Access to Health Products for COVID-19: A Review of Measures Taken by Different Countries
Policy Brief 78, May 2020: The 73rd World Health Assembly and Resolution on COVID-19: Quest of Global Solidarity for Equitable Access to Health Products
Informe Sobre Políticas 75, Mayo 2020: Repensando la I+D para productos farmacéuticos después del choque de la Coronavirus COVID-19
Policy Brief 75, April 2020: Rethinking R&D for Pharmaceutical Products After the Novel Coronavirus COVID-19 Shock
Policy Brief 73, April 2020: The COVID-19 Pandemic: R&D and Intellectual Property Management for Access to Diagnostics, Medicines and Vaccines
SouthViews No. 238, 20 June 2022: Doha Twenty Years On – Has The Promise Been Betrayed?
SouthViews No. 235, 10 March 2022: The WTO TRIPS Waiver and Essential Security Rights in 2022
SouthViews No. 231, 29 November 2021: Waive IP Rights & Save Lives
SouthViews No. 225, 21 July 2021: Vaccine Nationalism
SouthViews 224, 19 July 2021: Vaccination inequalities and the role of the multilateral system
SouthViews 207, 28 September 2020: Is the right to exclusivity a Hamlet question?
SouthViews No. 203, 24 July 2020: Coronavirus pandemic: the vaccine as exit strategy – A GLOBAL HURDLE RACE AGAINST TIME WITH A SPLIT JURY
SouthViews No. 202, 17 July 2020: Lessons from COVID-19: Pharmaceutical Production as a Strategic Goal
SouthViews No. 200, 16 June 2020: Making Covid-19 Medical Products Affordable: Voluntary Patent Pool and TRIPS Flexibilities
SouthViews 195, 14 May 2020: COVID-19: An Opportunity to Fix Dysfunctional Biomedical R&D System
Innovación y propiedad intelectual en escenarios pospandemia (SouthNews No. 331, 20 August 2020)
Communiqué from Africa’s Leadership in COVID-19 Vaccine Development and Access Virtual Conference (SouthNews No. 324, 2 July 2020)
South Centre Working Paper – A New Treaty on Pandemics: Some Key Issues from a Global South Perspective
South Centre Working Paper – Intellectual Property Rights and the use of Compulsory Licenses: Options for Developing Countries
The Future of the TRIPS Agreement (Part 2), 11 October 2022 (Webinar)
The Impact of a TRIPS COVID Waiver on Trade and Investment Agreements, PIJIP event, 4 February 2022
Webinar on Local Production and Access to Medicines and Treatments for Covid-19, 14 December 2021
TRIPS Waiver Webinar Series, 5,12,19, 26 June 2021
Intellectual Property & Competition Law in the Context of Covid-19, 15 September 2020 (Webinar)
Vacinas para Covid-19: Acesso, Regulação e Concorrência, 5 August 2020 (Webinar)
The COVID-19 Pandemic: Intellectual Property Management for Access to Diagnostics, Medicines and Vaccines, 30 April 2020 (Webinar)