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GENEVA : In a strong stance on the patents waiver issue at the World Trade Organisation, commerce and industry minister Piyush Goyal on Monday stressed on the importance of including diagnostics and therapeutics under the deal besides Covid-19 vaccines, in line with the joint proposal with South Africa.
Addressing the thematic session on ‘Response to the Covid-19 pandemic’ on the second day of talks in Geneva, Goyal also pressed for a consensus-based outcome on the issue.
He emphasized on the need to ramp up manufacture of therapeutics and diagnostics to achieve a comprehensive test and treat strategy, as he argued that it was too late in the day to only look at a deal on vaccines waiver.
Hitting out at developed countries opposing the patents waiver issue, Goyal said that it was disappointing that for these countries super profits of pharma companies mattered more than concern for humanity.
“We must redouble our efforts and commence negotiations on therapeutics and diagnostics as well, since the pandemic is far from over, particularly for the developing countries, including the least developed countries… There is opposition to include therapeutics and diagnostics, which could at least pave the way in the future to tackle any crisis," said the minister.
He further said that “… if it's only vaccines that we are looking at providing, I think it's too late in the day for that the pandemic has run its initial course, currently vaccines are not in short supply. And if you're not even able to look at the near-term future and the requirements of that period, then I think it's pretty much clear… super profits of a few pharmaceutical companies prevail over global good.
Talking about the QUAD text presented by India, US, EU and South Africa, Goyal pointed out that it was a “maximalist compromise position," and that it does not reflect “what we as a co-sponsor of the Waiver proposal had envisaged."
He further said that there cannot be a deal on pandemic response that does not deliver an effective and workable outcome on TRIPS. “…nor can we agree to any pre shipment notification requirements… this is a balanced text achieved to a delicate consensus, which I do certainly appreciate," said Goyal. Pre-shipment requirement is a TRIPS Plus requirement being pressed by developed countries. Under the current compulsory licensing regime, exports are not mandated to be notified before being shipped.
Meanwhile, the Civil society groups in Geneva urged countries to reject the proposal that goes beyond the current obligation under TRIPS, which could add new obligations to TRIPS on developing countries rather than saving lives. “ The text currently contains conditions which reduce the practical utility to almost zero. The Minister expressed the same concerns in his speech. India as a proponent of the waiver proposal should go beyond the concerns raised and ensure that waiver is effective and workable," said KM Gopakumar, legal advisor for the Third World Network, a civil society group.
The civil society members also demanded a permanent solution on the issue of public stockpiling that would protect the rights of developing countries to give higher support to resource poor farmers and ensure food security through increased production.
Goyal also flagged during his address the draft outcome does not cover the permanent solution on the public stockpiling issue. “Unfortunately, para 22 of the draft declaration does not mention public stock holding for food security purposes," said the minister.
There are four elements being negotiated under the Response to the pandemic- export restrictions, role of services during the pandemic, transparency, and TRIPS waiver. They essentially cover how member countries should respond during the pandemic to recover fast.
India is particularly opposed to export restrictions, and has argued that it goes beyond the current WTO provisions under GATT, which provide countries with flexibility to deal with domestic security concerns. “There cannot be a blanket discipline of no export restrictions.. there needs to be a measured response… ,"said a government official.
Under the proposed pact on the response to pandemic, India is opposed to the condition that aims to impose export restrictions. Under services, India is seeking mutual recognition of digital applications like telemedicine services etc, that can be provided to other countries without any trade barriers.
Under the food security thematic discussion, India has pressed for allowing exports from its public stockpiles to countries in need on a government-to-government basis, which is currently prohibited under the WTO rules.