As reported today, Dr. Tedros is now on record emphasizing that IP rights “should not be undermined“ and supporting their “measured use.” (see Geneva Health Files reporting and statement below). This is a breath-takingly bad reversal of WHO DG Tedros’ previous advocacy on the need to overcome intellectual property barriers impeding equitable access to COVID-19 health technologies and medicines more generally. This statement is all the more egregious given the mountains of evidence that an extension of the June 2022 TRIPS Decision to cover covid therapeutics and diagnostics would have virtually no adverse impacts on biopharmaceutical innovation incentives given the tens of billions of dollars earned by Big Pharma on COVID-19 vaccine, medicines, and diagnostic sales in high-income countries where 87% of all Big Pharma sales occur. The extension’s impact would even more limited given the very narrow scope of the TRIPS decision, which only moderately liberalizes procedures for allowing export of tests and meds produced pursuant to compulsory licenses to developing countries – posing no risk whatsoever to rich country sales and profits.
Activists have been concerned for the past three years about the WHO’s failure to more vociferously champion waiver of IP rights and full use of TRIPS flexibilities within the structures of the Access to Covid-19 Tools Accelerator, especially the therapeutics pillar; it reluctance to advocate for addressing IP and technology transfer barriers within the new Interim Medical Countermeasures Network and at successive Global Forums on Local Production; and its implicit support for “voluntary measures on mutually agreed terms” in Pandemic Accord and International Health Rules negotiations. In all these venues, the WHO has imposed radio-silence concerning country- and region-led compulsory and government use licensing campaigns that could complete the circle on ensuring adequate supplies, more affordable pricing, and equitable distribution of life-saving medical products. This reluctance is all the more surprising given WHO’s knowledge of the U.S.’s repeated reliance on government-use licensing authority in its public procurement contracts for covid and other health products and of the E.U.’s increasing espousal of compulsory licensing solutions, including its proposed establishment of a regional compulsory mechanism.
The WHO DG is providing political and ideological cover for U.S. and E.U. hypocrites and for the super-profitable biopharmaceutical industry that failed so miserably in providing timely, adequate, affordable, and equitable access to COVID-19 PPE, tests, vaccines, and medicines. Instead of leading a bold health-rights campaign in the ashes of covid apartheid to ensure equitable access in the future, Dr. Tedros offers rhetorical ammunition for the status quo of Big-Pharma/rich-country hegemony over what should be global public goods. Dr. Tedros must immediately rectify his ill-advised statement and clarify that using IP “in very measured ways” includes countries exercising their rights under the WTO TRIPS Agreement to waive IP rights during pandemics and global health emergencies and to make full use of all TRIPS flexibilities, including most especially compulsory and government-use licenses.
Geneva Health Files – WHO DG’s Marked Shift on Intellectual Property: Cautions Against Undermining IP on Access to COVID-19 Tests & Treatments at WTO. Implications for “Equity” in Current Negotiations
Last week, WHO DG Tedros had an exclusive press briefing for Geneva-based journalists. A senior journalist asked his opinion on the moribund discussions at the WTO on extending certain clarifications existing rules in the TRIPS agreement to boost access to COVID-19 tests and treatments. (These rules currently only apply to COVID-19 vaccines.) The DG’s views on IP were surprising, for it was the first time that he not only did not support the decision to extend these rules to COVID-19 tests and treatments, he went further and underscored the importance of IP, essentially echoing the position of some developed countries and the industry.
