Analysis of the 12th WTO Ministerial Conference Decision on the TRIPS Agreement

Author: Jayashree Watal
Published: 08.07.2022
The MC12 TRIPS Decision makes available a new waiver, with respect to COVID-19 vaccines, of an existing obligation contained in TRIPS Article 31(f) that states that exports under a compulsory licence must be restricted to the non-predominant part of the authorized amount. However, paragraph 9 of the Decision explicitly states that it is without prejudice to existing flexibilities under the TRIPS Agreement, except with respect of paragraph 3(b) that sets out the new waiver. This means inter alia that neither Article 31(f), which still allows the non-predominant part of supply under a compulsory licence to be exported, nor Article 31bis,…