 RESTRICTED  
  
IP/C/M/102  
5 October  2021 
(21-7481) Page: 1/3 
Council for Trade -Related Aspects of  
Intellectual Property Rights   
 
  
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD ON 4 OCTOBER  2021 
Chair : H.E. Ambassador Dagfinn Sørli  
The present document contains the record of the meeting of the Council for TRIPS held on 
4 October  2021.  
Table of Contents  
1   ADOPTION OF AN ORAL STATUS REPORT ON THE CONSIDERATIONS BY THE 
TRIPS COUNCIL ON THE REVISED "PROPOSAL FOR A WAIVER FROM CERTAIN 
PROVISIONS OF THE TRIPS AGREEMENT FOR THE PREVENTION, CONTAINMENT 
AND TREATMENT OF COVID -19" (IP/C/W/669/REV.1)  ................................ ...................  2 
2   OTHER BUSINESS  ................................ ................................ ................................ ........  3 
  IP/C/M/102  
 
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  1  ADOPTION OF AN ORAL STATUS REPORT ON THE CONSIDERATIONS BY THE TRIPS 
COUNCIL ON THE REVISED "PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF 
THE TRIPS AGREEMENT FOR THE PREVENTION, CONTAINMENT AND T REATMENT OF 
COVID -19" (IP/C/W/669/REV.1)  
1.  The Chair said that, a s foreshadowed at the informal open -ended meeting on 14 September , he 
had circulated draft language for an oral status report to the General Council  on 29  September in 
document JOB/IP/50 , with an invitation to Members to comment on this language by 30 September 
2021. Having received comments from delegations, he had circulated a revised draft status report 
in document JOB/IP/ 50/Rev.1 on Friday, 1 October, which was the text currently before the Council 
for adoption . He said the item ha d also been placed on the agenda of the General Council meeting 
scheduled for 7 -8 October  2021,  in the usual fashion.  
2.  He proposed the Council agree that he would deliver the oral status report to the General Council , 
circulated in JOB/IP/50/Rev.1,  as follo ws: 
At the meeting of the TRIPS Council on 15 -16 October 2020, India and South Africa introduced 
document IP/C/W/669, requesting a waiver from certain provisions of the TRIPS Agreement 
for the prevention, containment and treatment of COVID -19, which had be en circulated on 
2 October 2020 and has since been co -sponsored by the delegations of Kenya, Eswatini, 
Mozambique, Pakistan, Bolivia, Venezuela, Mongolia, Zimbabwe, Egypt, the African Group, 
the LDC Group, the Maldives, Fiji, Namibia, Vanuatu, Indonesia an d Jordan.  
Since the introduction of the document, discussions took place in various formal and informal 
TRIPS Council meetings. Delegations exchanged views, asked questions, sought clarifications 
and provided replies, clarifications, and information, incl uding through documents 
IP/C/W/670, IP/C/W/671, IP/C/W/672, IP/C/W/673 and IP/C/W/674, on the waiver request.  
On 21 May 2021 the co -sponsors issued a revised proposal which was circulated in document 
IP/C/W/669/Rev.1. The revised waiver request was present ed at an informal open -ended 
meeting of the Council on 31 May, and introduced at its formal meeting on 8 -9 June 2021. It 
has since been co -sponsored by Malaysia.  
Since the last oral status report delivered on 27 July 2021, discussions continued in small -
group consultations, at an informal open -ended meeting on 14 September , and at an informal 
and formal meeting on 4 October 2021. On 29 September 2021, the co -sponsors circulated a 
summary of their interventions in document IP/C/W/684.  
In the course of discu ssions on the revised waiver proposal, delegations held focused 
discussions on the topics of 'scope', both from the perspective of products and of IP rights, on 
'duration', 'implementation' and on protection of undisclosed information. Delegations 
engaged positively and their detailed substantive exchanges helped clarify various aspects 
and nuances of positions. While delegations remain committed to the common goal of 
providing timely and secure access to high -quality, safe, efficacious and affordable vacci nes 
and medicines for all, disagreement persists on the fundamental question of whether a waiver 
is the appropriate and most effective way to address the shortage and inequitable distribution 
of and access to vaccines and other COVID -related products.  
In addition, a proposal for a draft General Council declaration on the TRIPS Agreement and 
Public Health in the circumstances of a pandemic, issued by the European Union and circulated 
in IP/C/W/681, has also been discussed in meetings since its circulation o n 21 June 2021. 
Delegations exchanged views, asked questions, sought clarifications and provided replies, 
clarifications, and information. Disagreement persists on the fundamental question of whether 
this proposal is the appropriate and most effective way to address the shortage and inequitable 
distribution of and access to vaccines and other COVID -related products.  
This means that the TRIPS Council has not yet completed its consideration of the revised 
waiver request. The TRIPS Council will therefore cont inue its consideration of the revised 
waiver request, including through small -group consultations and informal open -ended 
meetings, and report back to the General Council as stipulated in Article IX:3 of the Marrakesh 
Agreement.  IP/C/M/102  
 
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  In addition, the TRIPS Cou ncil will also continue in the same manner its consideration of the 
other related proposals by Members.  
3.  The Council so agreed . 
4.  The Chair thanked all delegations for their engagement  and cooperation.  
2  OTHER BUSINESS  
5.  No statements were made under this item . 
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