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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.

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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.

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.

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.

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).

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.

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

The following recommendations are proposed:

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.