The WHO pandemic instrument should commit the Parties to limit the exclusionary effects that government-granted patents and other IPRs may have during pandemics in support of rapid diffusion of new vaccines, diagnostics, medicines and other tools and facilitate collaboration and freedom to operate. The current draft text of Article 11 would not make any change to the status quo.
The National Sickle Cell Anaemia Elimination Mission launched by the Union government in July 2023 focuses on “Eliminating sickle cell disease as a public health problem in India before 2047 “ as well as addressing the significant health challenges posed by sickle cell disease. 1
Sickle cell disease (SCD) is an inherited blood disorder, that results in modest anaemia, often referred to as sickle cell anaemia. This condition alters the shape of red blood cells, causing them to become rigid and sticky, potentially leading to either slowing or blocking of blood flow that affects organs and causes acute painful episodes. The disease is associated with a significant risk of early childhood mortality, primarily due to infections like pneumonia. Survivors may face chronic organ damage, resulting in a notable reduction in life expectancy.
WTO electronic commerce negotiations (draft chair’s text, 21 February 2024)
1. The stated objective of the investment facilitation (IF) disciplines is ‘facilitating the flow of foreign direct investment between Members/Parties, particularly to developing and least developed country Members/Parties, with the aim of fostering sustainable development’ (see Article 1 under WTO document INF/IFD/W/52). Yet, the way the disciplines have been designed does not effectively serve this projected objective. Instead, it exposes developing countries and least developed countries (LDCs) to extensive burdens of implementation, especially because the institutional and administrative approaches required by the disciplines are generally based on practices applied in developed countries. Overall, the disciplines focus on the obligations of host States of investors and keep largely unaddressed any real or hard requirements for home States of investors. There is nothing in the text that would require home States of investors to properly regulate the conduct of their nationals abroad so as to avoid harm that might emerge through their investments and to hold them to account in case they are involved in such harmful activities.
Proposed design elements for the Pandemic Access and Benefit Sharing (PABS) System disregard key features of the comprehensive PABS proposal which has garnered support from at least 72 developing countries.
The Vice-Chair and Co-Facilitators of the Intergovernmental Negotiating Body (INB) on a new pandemic instrument jointly drafted the proposed design elements for the PABS system. These proposed design elements undermine the efforts of developing countries to lock in concrete mechanisms that will operationalise equity during a public health emergency/pandemic.
As WHO member states begin the final lap of intense negotiations on reforming the governance to health emergencies, the burden of expectations to reach an agreement in less than three months is getting acute.
Time is of essence and yet….
It is still not certain whether discussions at the forthcoming meeting of the Intergovernmental Negotiating Body, will result in concrete negotiations. We are effectively at the doorstep of the May 2024 deadline.
It is baffling that at this late stage of these discussions towards a new pandemic agreement, the plan for next week appears to be unclear with many countries not having enough clarity on the modalities of the process as they head into the two-week marathon negotiations this month. At a briefing this week, the INB Bureau reportedly said that the upcoming meeting will aim to bring countries closer on conceptual issues and that text-based negotiations is expected during the subsequent INB meeting in March.
In this edition, we bring you a primer on the state of play in these discussions and also discuss text of the proposals that will be considered next week.
The World Trade Organization’s Moratorium on Customs Duties on Electronic Transmissions (the “Moratorium”) prohibits members from imposing customs duties on “electronic transmissions.” While the term “electronic transmissions” is undefined, the Moratorium in essence implies that countries are forbidden from imposing import taxes on business-to-consumer and business-to-business transactions that take place across borders over the Internet. The Moratorium therefore encompasses cross-border trade in a range of digital goods and services, including software; digital movies, music, and video games; and online legal, banking or business consultancy services.[1]
The World Trade Organization (WTO) along with the International Monetary Fund (IMF), the Organization for Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD), and the World Bank (WB) published a report titled “Digital Trade for Development” in December 2023 that attempts to demonstrate the numerous benefits of electronic commerce. One of the issues the report deals with concerns the WTO’s moratorium on customs duties on electronic transmissions, which is up for renewal at the WTO’s Thirteenth Ministerial Conference in Abu Dhabi in February 2024 (MC13). Unfortunately, the report provides a number of flawed findings in this respect. This note provides a quick overview of some of these flaws.
The World Trade Organization (WTO) along with the International Monetary Fund (IMF), the Organization for Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD), and the World Bank (WB) published a report titled “Digital Trade for Development” in December 2023 that attempts to demonstrate the numerous benefits of electronic commerce. One of the issues the report deals with concerns the WTO’s moratorium on customs duties on electronic transmissions, which is up for renewal at the WTO’s Thirteenth Ministerial Conference in Abu Dhabi in February 2024 (MC13). Unfortunately, the report provides a number of flawed findings in this respect. This note provides a quick overview of some of these flaws.
