Ministerial Decision on the TRIPS Agreement (WTO)

On June 17, 2022, the World Trade Organization (WTO) Ministerial Conference issued a “Draft Ministerial Decision on the TRIPS Agreement,” addressing the requirements established in Articles 31 and 39.3 of the TRIPS Agreement in the context of the COVID-19 pandemic. The Decision provides several clarifications regarding the process by which member countries may “authorize the use of the subject matter of a patent” without the consent of the right holder for the purposes of “production and supply of COVID-19 vaccines.” The decision provides guidance to countries considering the use of legal mechanisms, particularly compulsory licenses, to transfer vaccine technology with the goal of increasing the number of doses of COVID-19 vaccine available to underserved populations, especially in lower-income countries.