TRIPS and public health: Official texts

2023: Decision to extend deadline for accepting TRIPS Agreement amendment
2022: Ministerial Decision on the TRIPS Agreement adopted on 17 June 2022. The Decision clarifies certain TRIPS flexibilities and adopts a single time-limited waiver of Article 31(f) to allow developing members to export any quantity of COVID 19 vaccines to other developing members
2022: Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics, adopted on 17 June 2022. The Declaration provides a framework to guide the WTO’s work in order to render the multilateral trading system more resilient and better prepared for future crises. It also mandates the WTO to cooperate with the WHO and other international organizations on an international pandemic response.
2017: Incorporation of Article 31bis into the TRIPS Agreement (WT/Let/1236)
2015: Decision on Least Developed Country Members – Obligations under Article 70.8 and Article 70.9 of the TRIPS Agreement with Respect to Pharmaceutical Products adopted by the General Council on 30 November 2015 following a recommendation by the Council for TRIPS. This Decision complements the aforementioned decision to extend the transition period for least developed country Members by waiving certain obligations that would have otherwise been applicable during the transition period. This includes an extension of the waiver to give exclusive marketing rights to pharmaceutical products that was initially put in place in 2002, and also adds a new waiver of the obligation to provide for the possibility of filing mailbox applications. Both waivers apply until 1 January 2033. The Decision was taken with a view to ensuring attainment of the objectives of paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public Health.
2015: Decision on the Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for Least-Developed Country Members for Certain Obligations with Respect to Pharmaceutical Products adopted by the TRIPS Council on 6 November 2015. This Decision extends the earlier decision that was taken by the TRIPS Council in 2002 in order to implement paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public Health. Least-developed countries will not have to protect pharmaceutical patents and test data until 1 January 2033.
2005: Hong Kong Ministerial Declaration Paragraph 40 on TRIPS and Public Health
2005: Decision on the Amendment of the TRIPS Agreement, adopted by the General Council, 6 December 2005. The decision adopts a Protocol of Amendment that is open for members to accept. The amendment itself will come into force after two thirds of members have accepted it, and will replace the August 2003 decision, as instructed in Paragraph 11 of that text. The decision was adopted in the light of a statement read out by the chairperson, who also read out a statement on “non-violation” complaints.
How many members have accepted the amendment?
2003: Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, adopted by the General Council on 30 August 2003. This “waiver” removes limitations on exports under compulsory licence to countries that cannot manufacture the pharmaceuticals themselves. This Decision was adopted by the General Council in the light of a statement read out by the Chairman.
2001: Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the Fourth WTO Ministerial Conference, Doha, Qatar.
2001: Paragraph 17 of the main Doha Declaration, adopted on 14 November 2001 by the Fourth WTO Ministerial Conference, Doha, Qatar.