‘Unhelpful’ WTO in deadlock over TRIPS waiver extension

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

‘Unhelpful’ WTO in deadlock over TRIPS waiver extension

Logo of the headquarters of the World Trade Organization (WTO) with logo at the entrance located in Centre William Rappard along Lake Geneva. Photo taken March 18th, 2022, Geneva, Switzerland.

Civil society and industry representatives met in Geneva yesterday, September 28 to discuss a potential expansion of the TRIPS waiver

The World Trade Organization is “unhelpful and increasingly irrelevant” to low- and middle-income countries, an access to medicine organisation warned during a debate on a potential expansion of the COVID TRIPS waiver.

The trade body invited external stakeholders yesterday, September 28, to air their views on whether to extend the waiver of certain intellectual property protections to cover COVID diagnostics and therapies at a meeting in Geneva.

The original deal, agreed in 2022, only covered vaccines.

Yesterday’s informal session included speakers from the pharmaceutical industry, research organisations, and academia.

Pimchanok Pitfield, Thailand’s ambassador to the WTO and chair of the TRIPS Council, said in June that the organisation was in deadlock over a potential expansion of the waiver.

Pitfield’s June statement referenced a lack of progress amid domestic consultations on the waiver.

The US International Trade Commission is scheduled to deliver a report on the merits of expanding the waiver by October 17.

The US pharmaceutical industry consistently argued against a TRIPS waiver in the run-up to the 2022 deal and has opposed any further carve-outs.

But access to medicine advocates have said the limited exceptions agreed in 2022 were too little, too late.

Fatima Hassan, director of the South African NGO Health Justice Initiative (HJI), told TRIPS council members yesterday that rich countries had turned poorer states into “beggars” during the pandemic.

“What we experienced in our region of Africa was vaccine nationalism, and pernicious bullying by manufacturers and suppliers in a ‘take it or leave it’ situation.

“For the better part of 2021, we were drip-fed supplies, affecting our country’s entire vaccination programme.

“All the while, the WTO delayed negotiations and it has, over time, risked becoming unhelpful and increasingly irrelevant for people in the Global South,” Hassan said.

The HJI has played a major role in the health access debate in South Africa in recent months, especially over the availability of tuberculosis (TB) drugs.

Last month, the NGO said it would work with South Africa’s Competition Commission on an investigation into Johnson & Johnson’s pricing of TB drug bedaquiline.

The council is next scheduled to meet on October 30 and 31 while the next ministerial meeting will be held in February 2024.

more from across site and SHARED ros bottom lb

More from across our site

Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Emotional Perception AI is seeking more than £200,000 after the UK Supreme Court backed its appeal
Lawyers at Pinsent Masons discuss why the advent of ‘AI-free’ might be a crucial moment for brands seeking to protect their identity
Newly independent King & Wood has established offices in North America, while Mallesons has entered a ‘new era’ with a 1,200-lawyer firm across Australia and Singapore
Ryan Dykal and John Wittenzellner of Boies Schiller Flexner tell Managing IP what’s driving the firm’s patent litigation expansion
News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Gift this article