THE World Trade Organisation's (WTO)Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) once again failed to reach an agreement on a proposal to temporarily waive any intellectual property rights for COVID-19 vaccines and treatments amid the pandemic.

At the latest meeting of the council from March 10-11, the members continued their discussions held since October, on India and South Africa's proposal for a waiver for all members of certain provisions of the TRIPS Agreement in relation to the "prevention, containment or treatment" of COVID-19.

Proponents of the proposal say the objective is to avoid barriers to the timely access to affordable medical products, including vaccines and medicines, and to the scaling-up of manufacturing and supply of essential medical products. The waiver would last for a specific number of years until widespread vaccination is in place globally.

Since its submission, the proposal has been co-sponsored by 57 countries in the trade group, with most developing and all the least developed countries in favour. However, the Geneva-based body has seen fierce opposition from the United States, the European Union and the United Kingdom, among others.

At the previous meeting on February 23, members agreed on an oral status report to the General Council reflecting the state of discussions and lack of consensus on the waiver request. The report indicated that the TRIPS Council had not yet completed its consideration of the waiver request and would therefore continue discussions and report back to the council.

Proponents argued that existing vaccine manufacturing capacities in the developing world remained unutilized because of IP barriers, and hence insufficient amounts of vaccines were being produced to end the pandemic.

The waiver, thus, represents an open and expedited global solution to allow uninterrupted collaboration in the production and supply of health products and technologies required for an effective COVID-19 response.

Those against the waiver, continue to express concern on the role played by IP in achieving timely and secure access to high-quality and safe vaccines and medicines.

Citing the role of IP as an incentive for innovation to fight the current and future pandemics, and as underpinning the licensing, manufacturing, procurement and distribution of COVID-19 diagnostics, therapeutics and vaccines, they urged for an evidence-based discussion on any concrete examples where IP would pose a barrier to manufacturing and access to vaccines that could not be addressed by existing TRIPS flexibilities.

The next regular TRIPS Council meeting is scheduled for June 8-9, but members agreed to consider additional meetings in April in order to assess potential progress on the IP waiver discussion.