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The consensus is that there is no consensus.

This really is the story from the WTO on whether temporary clarifications in intellectual property rules be extended for the production and supply of COVID-19 tests and treatments.

The global health ecosystem gets curiouser and curiouser.

In today’s edition, we bring you an update from the WTO TRIPS extension discussions - where countries agreed that there has been no consensus on the decision.

On the same day, February 14th, that WTO members met for a General Council meeting in Geneva, effectively noting the end of the TRIPS Waiver discussions, an ill-timed tweet from the WTO sparked off a kerfuffle on social media. The international trade body with 164 members, got some hate on Valentine’s Day for putting out “pro-patent love tweets”. This is a serious misstep in institutional communication in such a polarized atmosphere.

The World Trade Organization has failed to reach an agreement to waive intellectual property rights on Covid-19 tests and treatments for poorer countries.

Members of the Trade-Related Aspects of Intellectual Property Rights (Trips) council said it could not reach consensus after years of discussion, despite the “considerable efforts” of members.

Campaigners said the news was a “slap in the face”.

Research published last year found that more than 50% of Covid deaths in low and middle-income countries could have been avoided if people had the same access to vaccines as wealthy states. According to data published by the World Health Organization in January 2023, 75% of people living in high-income countries have been vaccinated compared with fewer than 25% in low-income states.

Health Policy Watch has obtained portions of the latest draft of the pandemic agreement that member states will negotiate over at the eighth intergovernmental negotiating body (INB) starting on Monday, 19 February.

At the time of publishing, only member states had access to the draft, although a number of civil society organisations recognised as  stakeholders have requested a draft from the World Health Organization (WHO) Bureau that is overseeing the negotiations for some time.

The tranches of the agreement are grouped according to how they have been negotiated, so are not always sequential.

Health Policy Watch has obtained portions of the latest draft of the pandemic agreement that member states will negotiate over at the eighth intergovernmental negotiating body (INB) starting on Monday, 19 February.

At the time of publishing, only member states had access to the draft, although a number of civil society organisations recognised as  stakeholders have requested a draft from the World Health Organization (WHO) Bureau that is overseeing the negotiations for some time.

The tranches of the agreement are grouped according to how they have been negotiated, so are not always sequential.

At a meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) on 13 February, WTO members adopted two reports that the Council Chair, Ambassador Pimchanok Pitfield of Thailand, had developed to complete work in Geneva as much as possible before ministers gather in Abu Dhabi on 26-29 February for the 13th WTO Ministerial Conference

The reports address two issues the Council has been discussing since the 12th Ministerial Conference (MC12) in June 2022: whether to extend the Ministerial Decision on the TRIPS Agreement (WT/L/1141) to COVID-19 therapeutics and diagnostics, and the Council's current and future work under paragraphs 23-24 of the Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics (WT/L/1142).(MC13).

This Policy Brief discusses issues concerning trade, intellectual property, and technology transfer that are most relevant for consideration at the 13^th World Trade Organization (WTO) Ministerial Conference (MC13) in February 2024 and inclusion in its outcomes.

The following recommendations are proposed:

Text has been proposed by the Bureau of the Working Group on Amendments to the International Health Regulations 2005 (WGIHR) that seeks to make WHO prequalified vaccines as a compulsory requirement for the issuance of vaccine or prophylaxis certificates, raising concerns of vaccine supply concentration.

This took place at the recent 7^th meeting of the WGIHR held from 5 to 9 February 2024.

Vaccine certificates are used as evidence of vaccination to facilitate international travel. Article 36 of the IHR states that travellers in possession of a vaccine certificate should not be denied entry unless the competent authority has verifiable indications and/or evidence that the vaccination or other prophylaxis was not effective.

The working group negotiating amendments to the World Health Organization’s (WHO) International Health Regulations (WGIHR) has extended its seventh meeting, which was supposed to end last Friday, to include a special session on equity.

The resumed WGIHR 7 will be held within the first two weeks of March, finally acceding to member state’s requests – including from the Africa Group and the large alliance of countries known as the Equity Group – to give adequate attention to equity.

Unequal access to vaccines and other medical products during the COVID-19 pandemic was one of the triggers for the reform of the IHR, which are the rules setting out countries’ roles and responsibilities, and those of the WHO, during public health emergencies of international concern.

The resumed meeting will pay special attention to a new Article 13A, which addresses the availability and affordability of health products, technologies and know-how, according to a  year-old summary of the IHR negotiation text, which is the most recent public version of the negotiating text.

The working group negotiating amendments to the World Health Organization’s (WHO) International Health Regulations (WGIHR) has extended its seventh meeting, which was supposed to end last Friday, to include a special session on equity.

The resumed WGIHR 7 will be held within the first two weeks of March, finally acceding to member state’s requests – including from the Africa Group and the large alliance of countries known as the Equity Group – to give adequate attention to equity.

Unequal access to vaccines and other medical products during the COVID-19 pandemic was one of the triggers for the reform of the IHR, which are the rules setting out countries’ roles and responsibilities, and those of the WHO, during public health emergencies of international concern.

The resumed meeting will pay special attention to a new Article 13A, which addresses the availability and affordability of health products, technologies and know-how, according to a  year-old summary of the IHR negotiation text, which is the most recent public version of the negotiating text.

“Seek, and ye shall find” - I am not sure this sermon holds true in global health negotiations.

During this week’s discussions on amending the International Health Regulations, developing countries tried relentlessly to keep the equity agenda on the table of the working group. They may have succeeded for now.

The second part of this sermon: “knock, and it shall be opened unto you: For every one that asketh receiveth; and he that seeketh findeth; and to him that knocketh it shall be opened…” (As an agnostic, I am skeptical about this.)

We will be tracking the end-game of these negotiations, to keep our readers up to speed.

IHR revisions are likely to be staid and narrow, developed countries do not have a lot of appetite for what they argue as expanding the scope of these rules.

Also, it is striking how crucial a role interpretation plays in reading “old texts”!