AgenciesAt least 46 countries including India, Cuba, Kenya, Nigeria and South Africa have proposed that developing countries be exempt from being taken to the World Trade Organization's dispute settlement body if they implement trade measures that are essential and necessary in response to the ongoing pandemic.
Citing the severity of the pandemic and tight fiscal space in developing and poor countries, they have sought a moratorium on trade measures and sufficient flexibilities on intellectual property disciplines, in a submission to the WTO.
"Developing countries should therefore be exempt from being taken to the WTO's DSB if they implement trade measures that are essential and necessary in response to the pandemic," the proponents said.
As per the submission made last week, developing countries have no other choice but to be more creative in their responses, including through the use of trade measures and the trade regime should not penalize them for taking action to support their citizens during such an extraordinarily difficult time.
"Such a moratorium on trade measures and flexibilities on intellectual property disciplines shall have a clearly defined scope and should be maintained only temporarily for the duration of the Covid crisis," they said, adding that intellectual property rights should be interpreted and implemented in a manner supportive of the right of members to protect public health, and promote access to medicines for all.
They also insisted on disclosure of origin of traditional knowledge and genetic resources in patent applications, and transparency in tariffs along with the importance of WTO as a member-driven organisation. "The role and presence of other stakeholders, intergovernmental or international organizations in the WTO must be limited to preserve the member-driven nature of work and with due respect to their competences, mandates and limitations," India, Cuba and the African Group said.
"This is important and a reply to the European Union, which has been trying to push for the inclusion of the private sector in the WTO," said an official.
On WTO members undermining their commitments, they emphasised on regular notification of entry-related measures affecting existing Mode 4 commitments of various countries to have a legal obligation in technology transfer towards poor countries. Mode 4 relates to cross-border movement of professionals.
Citing the severity of the pandemic and tight fiscal space in developing and poor countries, they have sought a moratorium on trade measures and sufficient flexibilities on intellectual property disciplines, in a submission to the WTO.
"Developing countries should therefore be exempt from being taken to the WTO's DSB if they implement trade measures that are essential and necessary in response to the pandemic," the proponents said.
As per the submission made last week, developing countries have no other choice but to be more creative in their responses, including through the use of trade measures and the trade regime should not penalize them for taking action to support their citizens during such an extraordinarily difficult time.
"Such a moratorium on trade measures and flexibilities on intellectual property disciplines shall have a clearly defined scope and should be maintained only temporarily for the duration of the Covid crisis," they said, adding that intellectual property rights should be interpreted and implemented in a manner supportive of the right of members to protect public health, and promote access to medicines for all.
They also insisted on disclosure of origin of traditional knowledge and genetic resources in patent applications, and transparency in tariffs along with the importance of WTO as a member-driven organisation. "The role and presence of other stakeholders, intergovernmental or international organizations in the WTO must be limited to preserve the member-driven nature of work and with due respect to their competences, mandates and limitations," India, Cuba and the African Group said.
"This is important and a reply to the European Union, which has been trying to push for the inclusion of the private sector in the WTO," said an official.
On WTO members undermining their commitments, they emphasised on regular notification of entry-related measures affecting existing Mode 4 commitments of various countries to have a legal obligation in technology transfer towards poor countries. Mode 4 relates to cross-border movement of professionals.
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