There's actually a difference between the agreement and the way in which the agreement can be interpreted. The TRIPS Agreement was signed in the mid-1990s. From that point on, countries sought to interpret the agreement through what are known as TRIPS-plus provisions.
That caused considerable problems, leading the WTO to adopt the Doha declaration, calling on countries to be more flexible. It didn't take long to realize that the TRIPS Agreement was ill-equipped to address public health needs and did not take into account responses to health emergencies.
All that to say, agreements could certainly stand some changing, but it all depends on how they are interpreted.
As Mr. Daley said, the definition of a health emergency is still unclear. Countries have to fight to establish what constitutes a true health emergency. AIDS remains a health emergency in Africa, but the provisions in various agreements are not used to address the emergency.
Canada should stop promoting the TRIPS-plus approach, which calls for the strictest interpretation possible.
Not suspending the TRIPS Agreement is one thing, but not including COVID-19 products in schedule 1 of the Patent Act makes no sense. Accordingly, the flexible measures in the TRIPS Agreement can't be applied to those products. That is unacceptable.
The way to achieve better results is to suspend the TRIPS Agreement. Technology and expertise could then be pooled and shared, which would give the current fight against COVID-19 a significant boost.