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Is This the WTO Waiver End Game? | McDonnell Boehnen Hulbert & Berghoff LLP

Pfizer and BioNTech Agree to Vaccine Technology Transfer with South Africa's Biovac Institute
As reported by Reuters* on Wednesday (
e"), Pfizer and BioNTech, manufacturers and developers of an mRNA-based vaccine against SARS-CoV-2, have agreed to help the South African drug maker Biovac Institute produce about 100 million doses per year of its vaccine, specifically to be targeted to African nations.
As described by the Reuters article, Biovac Institute is "a joint venture between the South African government and private sector partners"; it has an advantage as being the first company in Africa to use mRNA technology to make the vaccine. The scope of the cooperative agreement is limited to "fill and finish" aspects of the vaccine, leaving Pfizer and BioNTech to produce the mRNA components of the vaccine in Europe (for a more detailed description of the vaccine making process,

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RSS-affiliate SJM seeks EU's 'unconditional support' to TRIPS waiver proposal for COVID-19 medical products

New Delhi [India], May 20 (ANI): Rashtriya Swayamsevak Sangh (RSS) affiliate, Swadeshi Jagran Manch (SJM) on Wednesday wrote to European Union envoy to India Ugo Astuto to support a text-based negotiation of Trade-Related Aspects of Intellectual Property Rights (TRIPS) Waiver Proposal to suspend certain intellectual property (IP) for the COVID-19 medical products.

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Swadeshi Jagran Manch requests EU's support

Swadeshi Jagran Manch requests EU's support
ANI
20 May 2021, 16:37 GMT+10
New Delhi [India], May 20 (ANI): Rashtriya Swayamsevak Sangh (RSS) affiliate, Swadeshi Jagran Manch (SJM) on Wednesday wrote to European Union envoy to India Ugo Astuto to support a text-based negotiation of Trade-Related Aspects of Intellectual Property Rights (TRIPS) Waiver Proposal to suspend certain intellectual property (IP) for the COVID-19 medical products.
Drawing the Ambassador's attention to "the European Union's reluctance to support a text-based negotiation of TRIPS Waiver proposal to suspend certain intellectual property (IP) for the COVID19 medical products," the SJM said India along with South Africa has proposed in October 2020 in WTO and urged WTO to grant a waiver for limited years (which will be negotiated by the TRIPS Council), from the implementation, application and enforcement of specific provisions of the TRIPS agreement for the prevention, containment and treatment of COVID-19.

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Pfizer CEO Pens Open Letter on COVID-19 Vaccine IP Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

On Friday, Dr. Albert Bourla, the Chairman and Chief Executive Officer of Pfizer, sent an open letter to Pfizer employees regarding the U.S. Trade Representative's announcement last...

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BIO & IPO Issue Statements on Biden Administration's Support for Proposed WTO Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

To embed, copy and paste the code into your website or blog:
Yesterday, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines" (see "Biden Administration Supports Waiver of IP Protection for COVID-19 Vaccines"). The waiver was proposed last fall by India and South Africa, which asked the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) to recommend "a waiver from the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19" to the General Council of the WTO. In March, the Biotechnology Innovation Organization (BIO), a group of fifteen industry and trade organizations (including BIO), and a group of intellectual property organizations (including the IPO), sent letters to the Biden Administration, members of Congress, and officials at the Patent and Copyright Offices asking the recipients to oppose the waiver proposal.

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Biden Administration Supports Waiver of IP Protection for COVID-19 Vaccines | McDonnell Boehnen Hulbert & Berghoff LLP

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In a statement issued earlier today, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines."
As we reported earlier this year, India and South Africa proposed last fall that the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) recommend "a waiver from the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19" to the General Council of the WTO. The two countries also recommended that "[t]he waiver should continue until widespread vaccination is in place globally."

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We need a global Covid New Deal to ensure vaccine equit...

In the face of the most severe health and economic crisis of our generation, we need to find a way forward on vaccine equity, a Covid package or New Deal. Vaccine nationalism, the race to purchase vaccines by those who can afford them and vaccine hoarding are not a solution to the global supply...

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India urges WTO members to reach consensus on TRIPS waiver proposal

India urges WTO members to reach consensus on TRIPS waiver proposal
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Last Updated: Mar 02, 2021, 04:19 PM IST
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Synopsis
In October 2020, India and South Africa submitted a proposal suggesting a waiver for all WTO members on the implementation, application and enforcement of certain provisions of the TRIPS Agreement in relation to the prevention, containment or treatment of COVID-19.
Agencies
The agreement on Trade-Related Aspects of Intellectual Property Rights or TRIPS came into effect in January 1995. It is a multilateral agreement on intellectual property (IP) rights such as copyright, industrial designs, patents and protection of undisclosed information or trade secrets.
India has urged WTO members to reach consensus on a proposal on waiver of certain provisions in a multilateral agreement on intellectual property to deal with COVID-19 crisis, stating that one cannot continue to engage in endless discussions when millions of lives are lost to the pandemic.

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India urges WTO members to reach consensus on trade-related IPR waiver proposal

India urges WTO members to reach consensus on trade-related IPR waiver proposal
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Covid-19 vaccines: Temporary suspend intellectual property rights so all nations can afford them

Vials of Covid-19 vaccines in Lima, Peru. － Reuters
Twenty-eight organisations, including the Consumers Association of Penang (CAP), and three community activists are calling for Malaysia to join other developing countries in a global effort to remove monopolies on crucial medical products in the fight against Covid-19.
A letter was sent to Prime Minister Tan Sri Muhyiddin Yassin last week as members of the World Trade Organisation (WTO) continue discussions of a proposal to temporarily suspend implementation, application and enforcement of several parts of the WTO’s intellectual property agreement for a defined period.
This move will open the door to more research and development as well as production of needed Covid-19 medical products – diagnostic kits, medicines for treatment, vaccines and also personal protective gear.

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