Question Period Note: WTO TRIPS AGREEMENT WAIVER PROPOSAL

India and South-Africa-led proposal to waive parts of the World Trade Organization TRIPS Agreement on intellectual property to respond to COVID-19.

• Canada is ready to discuss proposals on a waiver for intellectual property (IP) protection, in particular for COVID-19 vaccines, under the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS).

• We remain committed to finding solutions and reaching an agreement that accelerates global vaccine production and does not negatively impact public health.

• In addition to discussions on IP, Canada has also actively worked with international partners, including the WTO Ottawa Group, to identify barriers to vaccine access, such as supply chain constraints.

In June 2021, WTO TRIPS Council agreed to begin text-based negotiations on the basis of a revised India/South Africa waiver proposal (now co-sponsored by 63 WTO Members), which seeks a waiver on TRIPS provisions on copyright, industrial designs, patents, and trade secrets in respect of COVID-19-related diagnostics, therapeutics, vaccines, and other health technologies, for a three-year renewable duration; however, text-based negotiations have seen limited engagement by waiver co-sponsors and from other Members, such as the U.S., UK, Switzerland, Japan, Korea, Chile, Norway, and Brazil, which maintain concerns regarding the scope and duration of the waiver proposal, as well as the implications of the waiver for the global IP system.
As an alternative, the EU has also tabled a draft declaration affirming existing TRIPS flexibilities on compulsory patent licensing.
On May 7, Minister Ng issued a statement confirming that Canada is ready to discuss proposals on an IP waiver, in particular for COVID-19 vaccines, under TRIPS, and remains committed to finding solutions and reaching an agreement that accelerates global vaccine production and does not negatively impact public health. Canada has consistently expressed support for identifying consensus-based solutions to any IP-related challenges experienced by WTO Members in responding to COVID-19, and continues to support working towards a consensus-based solution, including in advance of the upcoming twelfth WTO Ministerial Conference(postponed from its original date of November 30-December 3).
Canada is also actively engaged in the work of the WTO Ottawa Group on the Trade and Health Initiative, which aims to strengthen global supply chains and support the delivery of essential medicines and medical supplies, including vaccines, around the world, and also supports the WTO Director General's “third way” dialogue with the pharmaceutical sector towards accelerating the production and distribution of affordable, safe, effective COVID-19 vaccines and other medical products in coordination with the World Health Organization and other relevant organizations.

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