Need 3-year global IPR waiver for COVID vaccines, drugs and health technology, India tells WTO

As a result, lengthy discussions on the issue may start and partisan stalling by a few nations, typical of the WTO, may hold up the process. All WTO decisions are based on unanimity.

Most of the negotiations, going forward, is expected to hinge on how countries come to an agreement on which technologies and drugs are necessary for the 'prevention and containment of COVID-19' and how terms such as 'life-saving' and 'crucial for human recuperation from the pandemic' are defined, sources said.

Indian argument

Research and computer modelling of the spread of the virus, especially in Global South (broadly refers to the regions of Latin America, Asia, Africa, and Oceania), necessitates such a relatively long period to effectively inoculate everyone, a senior trade negotiator for the government said.

“We have repeatedly said this is not a permanent waiver and that it will be categorically revisited on an annual basis. However, at the beginning, given the extent and severity of the pandemic, it has been decided that the initial period of the waiver be up to three years. This figure has been arrived at after consulting our partner-nations," he explained.

At informal meetings, India had also assured the EU and the US that it would not seek an extension, once the health implications of the pandemic are reasonably brought under control globally.

Instead, it has sharpened the attack against developed economies, saying their indecisiveness to act swiftly on the issue and needless posturing on the legality of an IPR waiver has cost up to 2 million more lives in the Global South.

At the latest TRIPS council meeting, India's ambassador to the WTO, Brajendra Navnit, also stressed that developed nations have procured more vaccines than they realistically need, which has led to poorer nations currently facing up to a two-year delay in getting vaccines.

"Till now, New Delhi has also, on multiple occasions, reiterated its point that the West has dragged its feet on the proposal, and, therefore, it is responsible for delaying effective global vaccine distribution," a senior trade official based in Geneva said.

India and South Africa had requested WTO members eight months back, in early October 2020, to suspend certain parts of the global TRIPS agreement. But the proposal had languished after opposition from rich nations, especially the US under the previous Donald Trump administration, which said that intellectual property rights of pharma companies are non-negotiable.

After President Joe Biden took over, Moneycontrol was the first to report on April 14 that Washington DC would soon commit to the proposal.

The proposal

A US commitment, nations had pointed out, would boost the availability of jabs worldwide as vaccines, medicines and testing technology for COVID-19 can be easily shared without falling foul of patent laws.

Coming into effect on January 1, 1995, the TRIPS agreement is till date the most comprehensive multilateral agreement on intellectual property and a core WTO document.

New Delhi had specifically suggested a waiver from the implementation, application, and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment, or treatment of COVID-19.

Moneycontrol had earlier reported how the waiver could cut down the end date of the pandemic.