Vaccines and patents – Joint Press Release by the Ministry of Foreign Affairs, the Ministry of Economy, the Ministry of Health, and the Ministry of Science, Technology and Innovation.

The Brazilian government welcomed the U.S. willingness to negotiate a multilateral solution within the WTO that contributes to the fight against COVID-19, and to intensify its joint efforts with the private sector and other stakeholders to increase production and distribution of vaccines and active ingredients globally. 

Brazil shares the goal expressed by the United States Trade Representative, Ambassador Katherine Tai, to provide safe and efficient vaccines to as many people as fast as possible.

The flexibilization of the U.S. and other partners’ positions in the WTO can contribute to international efforts in the fight against COVID-19, including the ongoing negotiations for the temporary waiver of provisions in the TRIPS agreement relating to the fight against the pandemic. In particular, it could facilitate the implementation of the “third way” proposal, which aims to increase and diversify the production and distribution of vaccines, especially in developing countries, making better use of unused global capacity.

In any scenario, it will be essential to count on the engagement, cooperation, and partnership of vaccine technology holders in order to enable production in Brazil and in other developing countries. 

The Brazilian government will further engage in consultations with all its international partners, as well as with the private sector, in a flexible, pragmatic, and responsible manner, to advance the multilateral understandings needed for the rapid and safe production and distribution of vaccines. In particular, Brazil will engage further discussions with the US regarding its new position and practical implications for facilitating broad 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 members of the Organization to build a cooperative and consensual solution that will enable acceleration of production and distribution of COVID-19 vaccines as quickly as possible.

In this context, it is important to recall that compulsory licensing of patents is already a possibility, as provided for in the Brazilian regulatory framework, which is consistent with the TRIPS Agreement.