Malaysia must support the WTO waiver on intellectual property rights for COVID-19 – If Not Now When?

OPEN LETTER

Note: This letter has been sent today to Prime Minister Tan Sri Muhyiddin bin Hj Mohd Yassin and the ministers of MITI, MOSTI, Domestic Trade and Consumer Affairs and MOH.

The undersigned organisations and patient advocacy groups strongly call on the Malaysian Government to immediately support the temporary suspension of intellectual property rights enforcement as an urgent COVID-19 response.  

A waiver of the World Trade Organization’s agreement on intellectual property rights (the TRIPS Agreement) would free up technologies and allow more manufacturers, including in developing countries, to urgently and quickly ramp up production of vaccines, medicines to treat COVID-19, diagnostics, ventilators and other needed medical products.

We welcome the 5 May announcement by the Biden Administration that the US will stop blocking the waiver proposal first submitted by South Africa and India to the WTO in October 2020 and now supported by more than 100 developing countries.  A global campaign that saw the tsunami of calls from ordinary citizens to Nobel Laureates, former Heads of State and even Pope Francis has been urging the US, European Union, Japan, Canada and other wealthy countries to not block the waiver.  

From October 2020 till last month, WTO discussions have gone nowhere because the blocking countries and the pharmaceutical industry behind them have put profits and self-interest above lives of the rest of the world.  The result is vaccine production that is a monopoly of a few companies holding patents and trade secrets over technology know-how, and vaccine hoarding by wealthy nations, ending up with more than they need while many poor countries can barely vaccinate their health frontliners. This has triggered outrage across the world. 

We have urged the Malaysian Government to join the other developing countries since last November.  While the Government has secured vaccines for Malaysia, the actual delivery is totally dependent on the small number of suppliers, and there is no guarantee that we will get all we need. Look at India where the biggest manufacturer for AstraZeneca cannot export anymore because what they produce is not even enough for India itself.

The waiver that the WTO members have to adopt is not just about vaccines. It is also about medicines for treating COVID-19, diagnostics, ventilator valves, and a range of needed medical products that have patents, trade secrets and other intellectual property protection. The US supports waiver of patent and other intellectual property for vaccines which is a first step, but it is not enough.

With the new waves of infections and more virulent variants, infections are soaring. Malaysia is on a worrying upward trend with the Ministry of Health already raising the alarm that our intensive care beds are fast reaching full use.  Every country including Malaysia must be prepared for this pandemic that is going to stretch for several years.  Some existing medicines that are under clinical trials with potential for COVID-19 treatment are locked up in patents in Malaysia. Our local pharmaceutical industry can be part for the national health and security preparedness but they need the freedom to operate that a WTO waiver can help to speed up.

We call on the Government to not delay anymore, and to support the waiver for vaccines and also for treatment medicines, diagnostics and all the medical products needed for COVID-19.

We thank you and look forward to Malaysia joining the vast majority of the world’s governments in this urgently needed race against COVID-19.

Signed by:

Organisations

1. Agora Society Malaysia
2. Allied Coordinating Council of Muslim NGOs Malaysia
3. Amnesty International
4. Consumers Association of Penang (CAP)
5. Health Equity Initiatives (HEI)
6. Gerakan Kepenggunaan Masjid
7. Ikatan Pengamal Perubatan dan Kesihatan Muslim Malaysia
8. Ikatan Intelegensia Membangun Malaysia
9. Jaringan Ekologi & Iklim (JEDI)
10. Majlis Tindakan Ekonomi Melayu Bersatu Berhad
11. Malaysian AIDS Council
12. Malaysia Citizens’ Health Initiative
13. Malaysian Consumers Movement
14. Persatuan Kebajikan Sokongan Keluarga Selangor dan Kuala Lumpur (Family Frontiers)
15. Pertubuhan Penggerak Masyarakat Malaysia
16. Pertubuhan Muafakat Sejahtera Masyarakat Malaysia
17. Majlis Tindakan Ekonomi Melayu Bersatu Berhad (MTEM)
18. Majlis Perundingan Pertubuhan Islam Malaysia
19. Parti Sosialis Malaysia (PSM)
20. Penang Forum
21. Pertubuhan Kebajikan Vivekananda Rembau NS
22. Pertubuhan Wanita Malaysia untuk Kawalan Tembakau dan Kesihatan (MyWATCH)
23. Pertubuhan Persaudaraan Pesawah Malaysia
24. Positive Malaysian Treatment Access & Advocacy Group (MTAAG+)
25. PT Foundation
26. Prostate Cancer Society Malaysia
27. Pusat Kecemerlangan Pendidikan Ummah
28. Sahabat Alam Malaysia
29. The International Women’s Alliance for Family Institution and Quality Education
30. Third World Network
31. Together against Cancer
32. Together WeCareJourney
33. Teras Pengupayaan Melayu

Individuals:

1. Prof Dr Nur Aishah Taib 
2. Assoc Prof Dr Nirmala Bhoo Pathy 
3. Assoc Prof Dr Ho Gwo Fuang
4. Dr Tan.Soon Guan
5. Wong Kuan Sing
6. Khong Chee Seng
7. Ng Siu Kiam
8. Tan Weng Keong           
9. Tan Yi Jie 
10. Tan Yi Xin                                                                                                                                                 
11. Anna Mary Sebastian
12. Kenneth Koh
13. Peter Wong You Pa
14. Chen Ooi Khoon
15. Albert Liew
16. Steven Kong
17. Yong Nam Fatt
18. Tan Chung Kim
19. Cheong Pooi Wah
20. Wong Kon Lee
21. Wong Kon Len
22. Wong Kon Thye
23. Wong Kon Hee
24. Wong Kon Nyet
25. Yap Nyok Len
26. Chen Ooi Foon
27. Yap Tong Yee
28. Tan Khim Woon
29. PHANG Cheong Yuen
30. Samrull Zaman 
31. Chow Chee Kong
32. Chai Nam Gnok
33. Ong Boon Tatt
34. Lee Ming Yuet
35. Leyu C. H
36. Annie Chia