In a joint note, the ministries of Foreign Affairs, Economy, Health and Science, Technologies and Innovations, consider that “the relaxation of positions in the USA and other partners in the WTO could contribute to international efforts to respond to Covid-19, including in ongoing negotiations on temporary suspension of provisions in the TRIPs agreement on combating the pandemic ”. In the note, the government informs that “it may, in particular, facilitate the implementation of the ‘third way’ proposals, which aim to increase the production and dissemination of vaccines, mainly in developing countries, with better use of idle capacity”. However, he warns that “in any scenario it will be essential to have the engagement, cooperation and partnership of the holders of technologies for the production of vaccines in order to make their production viable in Brazil and other developing countries”. And he concludes: In this context, it is important to remember that compulsory patent licensing is already a possibility, as provided for in the Brazilian regulatory framework, which is consistent with the TRIPS agreement ”.
Below the full note
Note nº 56
May 7, 2021
Vaccines and patents – Joint Note from the Ministry of Foreign Affairs, the Ministry of Economy, the Ministry of Health and the Ministry of Science, Technology and Innovations
The Brazilian government welcomed the willingness of the USA to negotiate, within the scope of the WTO, a multilateral solution that contributes to the fight against COVID-19, as well as to intensify its efforts – together with the private sector and other interested parties – to increase the production and distribution of inputs and vaccines globally.
Brazil shares the objective expressed by the Commercial Representative of the US Government, Ambassador Katherine Tai, to provide safe and efficient vaccines to as many people as possible in the shortest possible time.
The easing of positions in the USA and other partners in the WTO could contribute to international efforts to respond to COVID, including in the ongoing negotiations on the temporary suspension of provisions in the TRIPS agreement on combating the pandemic. In particular, it could facilitate the implementation of the “third way” proposals, which aim to increase and diversify the production and dissemination of vaccines, mainly in developing countries, with better use of idle capacity.
In any scenario, it will be essential to count on the engagement, cooperation and partnership of the holders of technologies for the production of vaccines in order to make their production viable in Brazil and other developing countries.
The Brazilian government will deepen, with flexibility, pragmatism and responsibility, consultations with all its international partners, as well as with the private sector, to develop the multilateral understandings necessary for the rapid and safe production and distribution of vaccines. In particular, Brazil will discuss, in greater depth, with the USA, its new position and its practical implications for facilitating ample and urgent access to vaccines and medicines in the fight against COVID-19.
At the WTO, Brazil will continue to work with Director-General Ngozi Okonjo-Iweala and with all the members of the Organization to build a consensual and cooperative solution that will make it possible to accelerate the production and dissemination of vaccines against COVID-19 in the smallest possible term.
In this context, it is important to remember that compulsory patent licensing is already a possibility, as provided for in the Brazilian regulatory framework, which is consistent with the TRIPS Agreement.
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