WTO & Text-based talks on Patent Waiver Proposal

Covid-19 has impacted the lives of people at a global level, there is an increased sense of safety and health in the minds of people.

That is why India has proposed to WTO that the organization members should agree and start text-based talks on the proposed patent waiver to infuse some certainty during this crisis. India proposed the idea at the TRIPS informal meeting that was held on 31 May and has requested to find various solutions and techniques to resolve the problem. One of the techniques suggested by the country was to commence text-based negotiations and the country has also requested to find various ways and means to start the text-based negotiations. This proposal was started by 62 co-sponsors, including India, South Africa, and Indonesia, seeking patent waivers to manufacture covid-19 related medical products.

Before the proposal was made on the 31st of May, India and South Africa had submitted their initial proposal in October 2020, suggesting a waiver on the implementation of specific provisions of the TRIPS Agreement about the prevention, containment, or treatment of Covid-19. According to the statement made in the proposal, not allowing text-based negotiations would do more harm to WTO's credibility and the collective failure would be set as an example for future generations. Many rounds of discussions regarding this proposal have been already undergone in the past months. The co-sponsors have been providing comprehensive responses, which included their written responses, to many of the concerns and queries that were raised by the members of the organization The reactions also show that "there is no dearth of arguments, rationale, and data provided to exhibit both the waiver' s urgency as well as its significance." The TRIPS waiver is necessary at this point, a temporary and proportionate legal measure for removing IP barriers and paving the way for more companies to produce more Covid-19 vaccines. The companies should be able to operate and produce vaccines and fulfill the medical requirements without the fear of infringements of IP rights as well as the threat of litigation

What can be done?

The World Trade Organisation should temporarily, if not permanently, remove the barrier of IP for medical companies. This would enable the companies to produce more medical equipment for the welfare of the people. Also, text-based negotiations should be allowed that would decrease the risk of covid-19 among the members of the organization as well as the smooth functioning of the various countries.