Canada’s interventions - General Council

March 1-2 2021

Item 6. TRIPS COUNCIL MATTERS

A. STATUS REPORT ON THE CONSIDERATIONS BY THE TRIPS COUNCIL ON THE "PROPOSAL FOR A WAIVER FROM CERTAIN PROVISIONS OF THE TRIPS AGREEMENT FOR THE PREVENTION, CONTAINMENT AND TREATMENT OF COVID-19" (IP/C/W/669) – STATEMENT BY THE CHAIR OF THE COUNCIL FOR TRIPS

• Canada is pleased to support the status report, and is also pleased that Members were able to reach agreement on a way ahead for this important discussion, to which Canada remains committed.
• Canada looks forward to resuming constructive discussions at the TRIPS Council’s next meeting, on March 10 and 11.
• Canada acknowledges the continued and devastating impact of COVID-19 for countries around the world, and recognizes that the procurement of COVID-19 diagnostics, therapeutics, vaccines and equipment has been and remains extremely challenging, including in view of production capacity.
• Canada continues to be of the view that WTO Members have the ability to make use of the interpretation framework and the concrete, consensus-based tools under TRIPS to address any intellectual property related public-health challenges that may arise in Members' response to COVID-19, and remains fully open to exchanging our own experiences and hearing about concrete challenges faced by Members in this area.
• Canada has not rejected the waiver from consideration, and remains fully open to discussing any concrete trade-related IP challenges faced by Members in relation to COVID-19 and any demonstrated inability of the TRIPS Agreement's flexibilities to address these challenges, so that we may discuss what approach or approaches would address the concerns of Members in a consensus-based manner.
• Thank you, Chair.

Item 10. INTRODUCTION OF A PAPER ON "LEGAL STATUS OF JOINT STATEMENT INITIATIVES AND THEIR NEGOTIATED OUTCOMES" – REQUEST FROM INDIA AND SOUTH AFRICA

• Thank you, Chair.
• Canada does not agree with the argumentation presented in this communication.
• However, irrespective of whether or not one agrees with any of the details in this communication, to ensure that the WTO remains effective Members must be prepared to address important trade-related issues.
• In a number of areas, creating new or modified trade rules is more than overdue.
• In some cases, we may be able to proceed multilaterally.  In other cases, the joint statement initiative model is the best avenue for interested Members to pursue common objectives.
• These joint statement initiative (JSI) negotiations are inclusive, transparent and open to all WTO Members. Canada welcomes the progress made so far in these negotiations and notes increase in participation by developing Members.
• It is premature to prejudge the legal architecture for any of the JSIs, as each initiative is unique and is evolving at its own pace.
• The true test of any outcome, be it plurilateral or multilateral, is whether it promotes development and sustainable growth and secures an increase in the predictability of the global trading environment.

Item 11. TRADE AND HEALTH: COVID-19 AND BEYOND – UPDATE FROM CANADA ON BEHALF OF THE CO-SPONSORS OF WT/GC/223

• Canada placed this item on the agenda to provide Members with an update regarding ongoing efforts by the members of the Ottawa Group to carry forward this trade and health initiative.
• We all see that the COVID pandemic continues to affect our citizens and our economies. 
• We need to ensure that trade-related measures taken by Members are appropriate, targeted, proportionate, temporary, transparent and, above all, consistent with WTO rules.
• The objective of the trade and health initiative is to create the conditions for a more stable and predictable trade environment and to facilitate our ability to work together to mitigate the impact of this and future pandemics. 
• Since we last met in December, Ottawa Group Members have transformed our ideas into a draft declaration that responds to current and future pandemics and their related challenges in international trade.
• It was circulated on February 18 as document JOB/GC/251.
• We have also begun extensive outreach to Members in order to obtain further support for the draft declaration and will continue to do so in the weeks ahead. 
• Our goal is to garner further support by ensuring a clear understanding of our motivation for this declaration and the intentions behind all of its provisions. 
• We hope to be able to formally circulate the draft declaration with new co-sponsors joining us in this work as soon as possible. 
• We will then continue to reach out to Members who have questions and work to have them also join.
• We believe that this initiative will help us prepare for a successful outcome at MC12 on trade and health related issues.

Item 16. ELECTION OF CHAIRPERSON

• Thank you, Chair
• Ambassador Walker, you have heard me express our thanks in a more private setting but let me repeat in a more concise way, well done and thank you so much for your excellent guidance during a very challenging time.
• To our new GC Chair, we could not be more pleased and proud to see you in the chair.
• You can count on our support as GC Chair and look forward to your leadership and guidance this year.