‘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

Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
Gift this article