UK Statement on Ministerial Decision on the TRIPS Agreement
UK statement on Paragraph 8 of MC12 Decision on the TRIPS Agreement adopted on 17 June 2022. This statement was delivered at the WTO in Geneva on 14 June 2023.
Paragraph 8 of the Ministerial Decision on the TRIPS Agreement adopted on 17 June 2022.
The MC12 decision on COVID-19 vaccines was brokered in a particular context of the pandemic and was clear in its scope and applicability. The landscape for COVID-19 vaccines is very different to that for therapeutics and diagnostics, both in terms of supply and demand dynamics, and the scope of products covered. At present, the UK has not formed a conclusion on an extension, and we are still considering our position. The UK supports discussions, led by evidence and facts, as a necessary step to determine whether an extension is required, taking into account other factors, including unintended consequences that a broader scope may bring.
We welcomed the discussion papers circulated last year, by Mexico and Switzerland, and Chinese Taipei, as important contributions to the discussion. We understand that pertinent questions raised by these submissions are yet to be addressed. These relate to, among other things, identifying if any barriers to accessing COVID-19 therapeutics and diagnostics are caused by IP, how product scope could be defined, the current supply and demand dynamics for these products, as well as concerns over the broad scope of a possible extension.
Chinese Taipei’s paper raised two fundamental questions: whether IP rights are the cause of insufficient accessibility, and whether an extension of the Decision will help. Their paper also notes the role of patents in incentivising innovation and how weakening patent protection could adversely affect collective efforts to fight the pandemic.
The UK shares the view that more patent applications do not equal restricting access to products and instead are proof that the current IP framework provides confidence to innovators to develop new products. It is important to note that businesses of various sizes, including micro, small, and medium enterprises, are involved in the development and manufacture of therapeutics and diagnostics. Patent protection is a way to help these businesses, particularly the MSMEs, attract investment. We would therefore be interested to better understand the concerns expressed by some members that a growing number of patent applications should be interpreted as the patent system blocking access to therapeutics and diagnostics.
The paper also helpfully notes that a key factor to increasing production and enhancing access to therapeutics is closer industrial cooperation between originators and generic producers.
The number of voluntary license agreements in place for COVID-19 therapeutics is noted by Mexico and Switzerland in their submission. They say that, as of 11 October 2022, 138 bilateral or Medicines Patents Pool-based voluntary licensing agreements comprising some of the most highly demanded treatments have been signed all over the world. These agreements cover more than 127 countries. The UK recognises the essential role of generic manufacturing and has reiterated that it should be enabled by voluntary licensing agreements which include technology and know-how transfer. It is positive to see these partnerships formed in the COVID-19 therapeutic space. We believe that discussions on how to promote technology transfer and voluntary partnerships can be fruitful, and the UK stands ready to engage constructively with Members on this topic.
We remain of the view that TRIPS strikes the right balance between incentivising innovation and ensuring access through the flexibilities enshrined in the Doha Declaration. Therefore, decisions on TRIPS should be underpinned by evidence-based policy making as businesses of various sizes and all around the world rely on certainty in the international IP framework to seek effective protection for their inventions. Changes that could potentially weaken the ability of this framework to incentivise investment and innovation risk impacting our ability to tackle health emergencies both now and in the future.
Thank you, Chair.