Background information

For many months, there has been a campaign for the temporary suspension of the provisions of The Agreement on Trade-Related Aspects of Intellectual Property Rights under the World Trade Organization (so-called TRIPS waiver). It is about ensuring that patents and copyrights cannot become an obstacle to timely and affordable access to the vaccines needed to combat COVID-19. This campaign is supported by European trade unions, led by the European Trade Union Confederation (ETUC), and one of the main opponents is the European Commission, which is looking for other solutions to effectively fight the pandemic. Already in February 2021, the ETUC called on the Commission to change this position, and on 9 September 2021 it repeated this call. In addition, some industry trade union federations signed on 29 June 2021 to a joint letter from civil society organizations around the world urging the EU to work actively for TRIPS waiver.

Content of measure

The ETUC renews its calls on the European Commission to support the patent waivers for Covid-19 vaccines at the World Trade Organization after Australia withdrew its opposition to the proposal. The ETUC notes that currently the European Union by refusing to accept the TRIPS waiver is among just half a dozen WTO members opposing the proposal and lining up with Brazilian President Bolsonaro.

The basic demands of European trade unions as regards vaccination remain unchanged as expressed in the statement of February 2021:

• Production and distribution based on the needs of the people rather than the need to keep the demand higher than the supply in order to maintain or increase the price of the vaccines.
• Free administration of vaccines, starting with the most vulnerable groups, including frontline and core workers and workers unable to walk physically.
• Exemption from copyright provisions of the WTO TRIPS Agreement for Covid-19 Vaccines, Drugs and Medical Equipment. Patents and copyrights should remain open to allow countries to develop vaccines freely, including through Covax, and prevent the creation of a monopoly by a handful of large pharmaceutical companies.
• Moreover, it is crucial to reverse cuts to public health and social protection systems that have left EU Member States completely unprepared for the pandemic and the economic crisis.

Use of measure

n.a.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Applies to all citizens

Actors and funding

Actors	Funding
EU (Council, EC, EP)	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Agreed (outcome) incl. social partner initiative	No involvement
Form	Any other form of consultation, institutionalised (as stable working groups or committees) or informal	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Only trade unions
• Main level of involvement: EU level

Involvement

An independent initiative of trade unions in line with the appeals of many non-governmental organizations.

Views and reactions

Trade unions are supportive to their own initiative.

Employers' organizations (BusinessEurope) seem to be distanced, in particular from the idea of TRIPS waiver.

Sources

• 17 February 2021: Statement on Covid vaccines: people must come before profit (www.etuc.org)
• 22 February 2021: Letter to European Commission on Covid vaccines (www.etuc.org)
• 29 June 2021: Letter to the European Commission and EU Member States to support equitable access to COVID-19 vaccines (haiweb.org)
• 09 September 2021: EU must join Australia in supporting vaccine waiver (www.etuc.org)