On June 29, 2021, the CCPA joined over 200 civil society organisations from around the world in signing the following letter the European Commission and EU Member States urging them to engage in text-based negotiations for a TRIPS waiver. The signatories to the letter point out that communications from the Commission to the World Trade Organization’s TRIPS Council offer no meaningful solutions for equitable access to vaccines & other health technologies to combat the COVID-19 pandemic.
HAI Senior Policy Advisor, Jaume Vidal, said:
Read the full text of the letter, and the list of signatories below, or download the PDF.
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Ms. Ursula von der Leyen
President of the European Commission
European Member States
Permanent Diplomatic Representations in Geneva
cc. Ambassador Dagfinn Sørli Chair of the Council for TRIPS
29 June 2021
We, the undersigned, would like to express our serious concerns regarding the position of the European Commission on efforts to increase access to COVID-19 vaccines, treatments, and other medical goods by means of a temporary waiver of certain provisions of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
For over a year, the pandemic has been ravaging societies and economies. Meanwhile, disparities in access to vaccines and other health technologies have resulted in uneven paths of recovery, with many countries yet to see any light at the end of the tunnel. The proposal from India and South Africa on a TRIPS waiver, submitted in October 2020, and the revised decision text presented in May, attempt to address inequities in access to critical commodities for controlling COVID-19. They do so by expeditiously facilitating freedom to scale up production and diversify supply options. This proposal is now co-sponsored by 63 World Trade Organization (WTO) Members and supported by more than 100 Members.
In the last nine months, the proposal has been discussed extensively and the co-sponsors have responded to questions and requests from WTO Members, including the European Union (EU). The proposal has received massive global support and is backed by United Nations agencies including the World Health Organization and UNAIDS, the scientific community, medical associations, trade unions, community and faith-based leaders, national and regional lawmakers, former presidents, prime ministers and Nobel laureates.
Within the EU, Member State legislatures in Spain, France and Italy have been vocal in supporting motions for a waiver at the WTO. Furthermore, the European Parliament recently approved a resolution “calling for support for proactive, constructive, and text-based negotiations for a temporary waiver of the WTO TRIPS Agreement, aiming to enhance global access to affordable COVID19-related medical products and to address global production constraints and supply shortages”[1].
On 4th June 2021, the European Commission submitted communication IP/C/W/680[2] to the Council for TRIPS titled “Urgent Trade Policy responses to the COVID-19 crisis: Intellectual Property”. This was followed by another communication on 18th June proposing a declaration on the TRIPS Agreement and Public Health in the circumstances of a pandemic (IP/C/W/681)[3].
The communications presented by the European Commission to the WTO are, in our view, devoid of any useful solutions, despite this being a critical point at which the WTO should be making decisive and concrete contribution to ensure timely, equitable global access to vaccines, treatments, diagnostics, and other COVID-19 health technologies and goods.
The clarifications contained in the communications are inadequate as they address issues that have never been in dispute and that are clearly provided for in the text of Article 31, and Article 31bis of the TRIPS Agreement and the Doha Declaration on TRIPS and Public Health.[4] These “pseudo-proposals” will create nothing but confusion and will simply serve to distract and delay discussion on the TRIPS waiver proposal.
The communications also fail to address the major underlying concern with respect to compulsory licensing – that its “case-by-case” or “product-by-product” approach is limiting during the pandemic and that this approach means additional tools are needed to overcome IP barriers.[5] In fact, historically the EU, the US and other high-income countries have discouraged developing countries from using compulsory licensing. Further, the requirements of Article 31bis of the TRIPS Agreement have rendered the mechanism unworkable to generally address access to medicines, even more so during a pandemic.
In addition, the communications’ focus on compulsory licensing is short-sighted in that it does not address the broader challenges posed by intellectual property rights, such as trade secrets, industrial designs and copyright that are needed to produce vaccines and other health technologies.
The disparity in access between high-income and lower-income countries is vast. Latest data shows that high-income countries that represent only 16% of the world population have fully vaccinated 28.5% of their populations, while a mere 0.1% of people in low-income countries and on average about 7.8% of middle-income countries have been fully vaccinated[6]. Similarly access to testing, therapeutics and other health technologies remains a challenge in developing countries. There is an urgent need to scale up and diversify production of vaccine and other critical technologies.
The EU’s communications cannot be considered as an alternative to the waiver proposal to address the pandemic access issues because they do not respond to any of the elements and concerns raised by the co-sponsors of the TRIPS waiver proposal and introduces text that may instead undermine the use of existing TRIPS flexibilities. In fact, we note that the TRIPS Waiver is based on a specific process under Article IX of the WTO.
To conclude:
- We urge the EU Member States to request that the European Commission reconsiders its communications to the TRIPS Council given that they do not offer any meaningful solutions to the issue of equitable access and may instead undermine TRIPS flexibilities.
- We demand that the EU does not disrupt the discussions on the TRIPS waiver proposal. The EU must acknowledge the European Parliament’s opinion and constructively engage in the text-based negotiations of the TRIPS waiver proposal (IP/C/W/669/Rev.1), ensuring the will of European citizens and billions of people around the world is heard and realized.
Sincerely,
Signatory organizations
International Organizations
- African Centre for Global Health & Social Transformation (ACHEST)
- Action against AIDS Germany
- ActionAid Nederland
- AIDS Action Europe
- Amnesty International
- APN+
- Asia Pacific Forum on Women, Law and Development
- Asian Health Institute
- Association for Proper Internet Governance
- Australian Arts Trust / Music Trust
- Brot füer die Welt
- BUKO Pharma-Kampagne
- Centre for Health and Resource Management
- CHISA
- Comitato ICE NOPROFITONPANDEMIC Cosenza
- Consiglio Nazionale delle Ricerche (Italy)
- Corporate Europe Observatory (CEO)
- COVID Advocates Advisory Board
- Development Alternatives with Women for a New Era (DAWN)
- Drug Action Forum – Karnataka
- East African Health Platform
- Education International
- European African Treatment Advocates Network
- European AIDS Treatment Group
- European Citizens’ Initiative No Profit on Pandemic
- European Federation of Public Service Unions (EPSU)
- Farmamundi
- Feminist Task Force
- Focus on the Global South
- Fondation Eboko
- Fondazione Lelio e Lisli Basso Onlus
- Foundation for Integrative AIDS Research (FIAR)
- Frontline AIDS
- Fundación Salud por Derecho
- Gandhi Development Trust
- GenderCC SA
- Global Health Advocates / Action Santé Mondiale
- Global People’s Health Movement
- Governance Links
- GRAIN
- Health Action International (HAI)
- Health Action International Asia Pacific
- Health Alliance International
- Health GAP
- HIV Legal Network (Canada)
- Human Rights Watch
- IFARMA Foundation
- Latin American Institute for La Paz and Citizenship (ILAPYC)
- IndustrialALL Global Union
- Institute for Agriculture and Trade Policy
- Institute for Economic Research on Innovation
- Interfaith Center on Corporate Responsibility
- International Federation of Anthroposophic Medical Associations
- International Treatment Preparedness Coalition (ITPC)
- International Union of Food, Agricultural,Hotel, Restaurant, Catering, Tobacco and Allied Workers Associations (IUF)g
- International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific)
- IT for Change
- ITPC-LATCA
- Kazan Medical University
- KEI Europe
- Médecins du Monde
- Médecins Sans Frontières (MSF) Access Campaign
- Medical Mission Institute
- Medicina Democratica Onlus
- Medicusmundi
- NGO Santé Diabète
- Oxfam International
- Pan-African Treatment Access Movement
- Peoples Health Movement
- People’s Health Movement (PHM) Europe
- Pertubuhan Kebajikan Intan Zon Kehidupan
- Pharmaceutical Accountability Foundation
- PHM – Zambia
- PT Foundation
- Public Service International (PSI)
- Right2cure/Dirittoallacura Italia
- Salud y Fármacos
- Sisters of Charity Federation
- Society for International Development (SID)
- Solidarité Agissante pour Développement Familial (SADF)
- South Asia Alliance for Poverty Eradication (SAAPE)
- Southern African Programme on Access to Medicines and Diagnostics (SAPAM)
- The European Network against Commercialisation of Healthcare and Social Protection
- The Global Network of People living with HIV (GNP+)
- Third World Network
- Transnational Institute
- Transparency International Global Health
- Treatment Action Group
- UNI Global Union
- University College Dublin
- Viva Salud
- WeMove Europe
- Womankind Worldwide
- World Vision Deutschland e.V.
- Yolse, Santé Publique et Innovation
National Organizations
- Access to Medicines Ireland
- Acción Internacional para la Salud (AIS PERU)
- ActionAid Ireland
- ADSP-IB Associació per a la Defensa de la Sanitat Pública de les Illes Balears
- Africa Japan Forum
- Alianza por la Solidaridad-ActionAid
- Alliance Women of Advocating for Change (AWAC)
- All India Drug Action Network
- Ashar Alo Society
- Asociación de Mujeres Gente Nueva-AMUGEN-
- Asociación por un Acceso Justo al Medicamento
- Associação Brasileira Interdisciplinar de AIDS (ABIA)
- Association de Lutte Contre la Dépendance
- Association For Promotion Sustainable Development
- Australian Fair Trade and Investment Network
- Belgia Center for Pharmacotherapeutical Information
- Bolivian Commitee for Consumers Protección CODEDCO
- Canadian Centre for Policy Alternatives (CCPA)
- Cancer Alliance, South Africa
- Coalition of Women Living with HIV and AIDS
- Center for Health, Human Rights and Development (CEHURD)
- Child Way Uganda
- CNCD-11.11.11
- Coalition for Health Promotion and Social Development (HEPS Uganda)
- Coalizione Italiana Libertà e i Diritti civili (CILD)
- COAST Trust
- Consumer Association the Quality of Life-EKPIZO
- Consumers’ Association of Penang
- Cooperative and Policy Alternative Center
- Coordinadora de Organizaciones para el Desarrollo
- Crisis Home
- Dandora Community Aids support Association (DACASA)
- Ecologistas en Acción
- Equidad de Género: Ciudadanía, Trabajo y Familia
- Fairwatch
- Federación de Asociaciones para la Defensa de la Sanidad Pública
- Focsiv Italian Federation Christian NGOs
- Forum Maranhense Das Respostas Comunitarias de Luta Contra as IST AIDS e Hepatites Virais
- Fórum ONG AIDAS RS
- Foundation for Male Engagement (FOME)
- Friends of the Earth Malaysia
- Fundación Grupo Efecto Positivo (FGEP)
- GeneEthics
- Gestos (soropositividade, comunicação, gênero)
- Grupo de Incentivo à Vida (GIV)
- Grandmothers Advocacy Network
- Grupo de Resistência Asa Branca- GRAB
- Grupo Pela Vidda SP
- Handel Anders Coalitie
- Health Equity Initiatives
- Indonesia AIDS Coalition
- Indonesia for Global Justice
- Initiative for Health & Equity in Society
- Innovations for Development (I4DEV)
- Integrated Social Development Effort (ISDE) Bangladesh
- International Community of Women Living with and affected by HIV- Kenya Chapter
- IPleft
- ItsOurFuture (NZ)
- Just Treatment
- Kamukunji Paralegal Trust (KAPLET)
- Kenya Legal & Ethical Issuse Network on HIV & AIDS
- Kenyan Network of Cancer Organizations
- Khulumani Support Group
- Konsil LSM Indonesia
- Korean Pharmacists for Democratic Society
- Malawi Health Equity Network
- Malawi Network of Religious Leaders Living with or Personally Affected by HIV and AIDS (MANERELA+)
- Malaysian Women’s Action for Tobacco Control and Health
- Milwaukee Fair Trade Coalition
- National Alliance of People’s Movements
- national Alliance of women Human Right defenders
- National Alliance of Women Human Rights Defenders (NAWHRD)
- National Fisheries Solidarity
- New Kashmir Women and Child Welfare Society
- Non-communicable Diseases Alliance Kenya
- Oxfam IBIS
- Pacifc Asia Resource Center (PARC)
- People’s Health Movement (PHM) Korea
- People’s Health Movement-Japan Circle
- Perkumpulan Medialink
- Perkumpulan PRAKARSA
- Pertubuhan Persaudaraan Pesawah Malaysia (PeSAWAH)
- PHM Kenya
- Positive Malaysian Treatment Access & Advocacy Group (MTAAG+)
- Positive Men’s Union (POMU)
- Public Citizen
- Red de Acceso a Medicamentos
- Rural Area Development Programme (RADP)
- Sankalp Rehabilitation Trust
- Southern and East African Trade Institute – South Africa (SEATINI)
- Servicios Ecumenicos para Reconciliation y Reconstruccion
- Sotsium Association
- Southern and Eastern African Trade Information and Negotiations Institute
- Sukaar Welfare Organization
- Tarangini Foundation
- TB Proof
- The Malaysian AIDS Council (MAC}
- The People’s Health Movement South Africa
- Trade Justice Network Canada
- Trade Justice Pilipinas
- Trade Justice Prince Edward Island
- Tusitukirewamu Group Bwaise
- UFRJ
- Uganda Key Populations Consortium Uganda (UKPC)
- University Health Network
- University of Naples Federico II
- We Rise and Prosper (WRAP)
- WEMOS
- Women’s Coalition Against Cancer- WOCACA
- Women’s Probono Initiative (WPI) – Uganda
- Zimbabwe National Network of PLHIV (ZNNP+)
[1] Texts adopted – Meeting the Global Covid-19 challenge: effects of waiver of the WTO TRIPS agreement on Covid-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries – Thursday, 10 June 2021 (europa.eu)
[4] MSF analysis of EU communications to TRIPS Council on COVID-19 IP waiver proposal
https://msfaccess.org/msf-analysis-eu-communications-trips-council-covid-19-ip-waiver-proposal and “Disinformation, Diversion, and Delay: The Real Text of the European Union’s Communication to the WTO TRIPS Council” at http://infojustice.org/archives/43180
[5] Compulsory licenses, the TRIPS waiver and access to COVID-19 medical technologies https://msfaccess.org/compulsory-licenses-trips-waiver-and-access-covid-19-medical-technologies and MSF Technical Brief: Analysis of EU position on compulsory licensing and TRIPS waiver in the COVID-19 pandemic https://msfaccess.org/analysis-eu-position-compulsory-licensing-and-trip...