PROPOSAL PUT TO THE TEST — World Trade Organization officials have circulated a draft proposal that would temporarily waive intellectual property protections for Covid-19 vaccines, paving the way for members to start discussing the plan. That will compel members, including the deal's brokers, to signal whether they'll support the divisive proposal. The deal, which emerged from talks among U.S., European, South African and Indian representatives, would temporarily ease patent restrictions on Covid-19 vaccines for developing countries that exported less than 10 percent of the world's coronavirus vaccine doses in 2021. The agreement was brokered to resolve an impasse over the IP waiver proposal tabled by South Africa and India in October 2020. But the compromise's narrow scope has outraged supporters of the original proposal, which also provided for access to trade secrets and extended the waiver to cover Covid-19 tests and treatments. The WTO is moving forward with closed-door discussions, despite concerns the compromise won't ultimately find unanimous support. The deal's collapse would essentially revert the WTO to its deadlock over the original plan, while fueling questions about the institution's ability to resolve IP disputes. Recognizing the stakes, WTO Director-General Ngozi Okonjo-Iweala has helped facilitate the compromise. That may not be enough to convince some members to go along with it. More than 100 countries backed the original IP waiver, and there's the risk the compromise would leave them feeling betrayed. At the same time, a Geneva trade insider told POLITICO that the Swiss and British delegations, irked by their exclusion from the negotiations, might also continue to oppose any waiver. "This offer is trying to draw attention away from the original waiver proposal, which was quite comprehensive," said Yousuf Vawda, an IP expert at South Africa's University of KwaZulu-Natal. "No deal is better than a bad deal." Access advocates have found unlikely allies in the pharmaceutical industry. "It's a solution looking for a problem," Thomas Cueni, the director general of the International Federation of Pharmaceutical Manufacturers and Associations, a pharma lobby group, told POLITICO. He said the main challenge is "getting the vaccines, which are in abundance, into the arms of people." The brokers of the agreement are not exactly rallying support for the deal. After the compromise was circulated, Deputy U.S. Trade Representative María Pagán issued a carefully worded statement that negotiators had sought to "facilitate discussions and bridge differences that might lead to an outcome on intellectual property that can achieve consensus." Though President Joe Biden came out in support of a vaccine-only IP waiver a year ago, his administration remains wary of provoking pharma backers in Congress. Pagán said the administration would continue to engage members of Congress and other stakeholders on the text. The South African and Indian delegations have remained silent, leaving Europe to stand alone in its public support of the agreement. "We believe that what we have on the table is the most promising outcome," a spokesperson from the European Commission told POLITICO. "We look forward to this happening with other quad members." Andrew Green is a freelance writer based in Berlin.
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