China Says It Won't Use COVID IP Waiver If Certain Conditions Met

China, in a May 10 General Council meeting at the World Trade Organization, announced its position on the text from the EU, India, South Africa and the U.S. over the intellectual property waiver for COVID-19-related goods, the WTO said. The world's second-largest economy said it won't seek to use the benefits of the text, which simplifies how governments can override patent rights for COVID-19 products, unless language is used to provide the waiver benefits to all developing members. China also encouraged countries with the capacity to export vaccines to opt out. China also rejected a second option in the plan that would restrict waiver eligibility to the developing countries that exported more than 10% of the globe's 2021 vaccine doses, the WTO said May 10.

Director-General Ngozi Okonjo-Iweala thanked all members for their "constructive spirit," making special efforts to address China. “China has made a bold move today and we should recognize it,” she said. “I think it really opens up the spirit of constructiveness which I hope will be forthcoming from our members to get a workable proposal out of this.” The proposed text was constructed after a lengthy gridlock on the issue, but after it was finalized, it was sent to all WTO delegations by the chair of the Council for Trade-Related Aspects of Intellectual Property Rights. Many of the delegations said they need to review the text internally more before any final decisions are made.