Damien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The ‘Ministerial Decision on the TRIPS Agreement’ was agreed by WTO Member States at the Ministerial Conference in June. This Decision allows developing countries to authorise the manufacture and export of COVID-19 vaccines, as well as the ingredients and processes necessary for their manufacture, in a fast and simplified manner and without the consent of the patent owner.

At the time of the adoption of the Decision, there was no consensus among the Members to cover also COVID-19 diagnostics and therapeutics. As a compromise, the Decision contained a commitment that, no later than six months from the date of that Decision (17 December 2022), Members would decide on whether to extend the Decision to cover the production and supply of COVID-19 diagnostics and therapeutics.

TRIPS Council meetings have taken place since June dedicated to discussions of the extension, however, there is currently no consensus among members on whether to extend the June Decision. Some Members are in the process of conducting domestic consultations and information gathering on the use of COVID-19 diagnostics and therapeutics, to identify any production, supply, distribution and demand constraints for these products. There are also calls from some Members for evidence and fact-based analysis to identify any IP-related barriers to access to therapeutics and diagnostics.

The EU is also conducting its own internal consultations and analysis to gain an understanding of the issues related to access to COVID-19 diagnostics and therapeutics. This analysis takes time as the case for COVID-19 therapeutics and diagnostics is more complex than the one pertaining to vaccines.

Since the start of the pandemic, there has been a significant increase in the number of voluntary licensing agreements put in place between pharmaceutical companies and generic manufacturers, for the production of COVID-19 treatments, with over 150 voluntary licences agreements currently in place. These licences have made it possible to ramp up production of therapeutics and facilitate lower pricing and not-for-profit arrangements for low and middle-income countries. In addition, over 90% of these collaborations involve technology transfer, which is crucial for the production of therapeutics.

Ireland has consistently advocated for an equitable global response to the pandemic to ensure safe and affordable diagnostics and therapeutics to those most in need. This is evident by Ireland’s continued commitment to vaccine donations with over 4,051,000 COVID-19 vaccine doses delivered at the end of October in addition to funding of €13.5 million through the COVAX initiative.

In addition, the European Union and its Member States, as Team Europe, are a major contributor to the Global Fund which is a leading player in the fight against COVID-19. The Fund provides financial support to low and middle-income countries through its COVID-19 Response Mechanism, covering the costs of personal protective equipment, diagnostic tests, and therapeutics. The EU has contributed €150 million for the COVID-19 Response Mechanism.

Ireland will continue to engage with the European Commission and other Member States on the EU position. A final TRIPS Council meeting will take place on 15th December, and should no decision be reached on the extension of the June Ministerial Decision at this meeting, it is anticipated that discussions will continue in 2023.