This second Position Statement, which follows the Institute's Position Statement of 7 May 2021, reflects on the legal and practical implications of the Ministerial Decision in view of the ultimate goal of overcoming the COVID-19 pandemic. A particular focus here is on TRIPS flexibilities relating to compulsory licensing of patents.
Position Statement on the Decision of the WTO Ministerial Conference on the TRIPS Agreement
On 17 June 2022, the WTO Ministerial Conference adopted a long-awaited decision on the TRIPS Agreement. The Decision has not waived any intellectual property rights as such, as proposed by India and South Africa in October 2020. Instead, it mainly clarifies the application of the existing TRIPS flexibilities. As a follow-up to its earlier Position Statement, the Institute issued a paper that outlines the legal and practical implications of the Decision.