The United States has recently made a landmark decision to back the waiving of Intellectual Property (IP) protection for Covid-19 vaccines. This move is monumental and represents a significant victory for India and South Africa in their ongoing efforts to secure support from World Trade Organisation (WTO) member countries for such an exception, aimed at ensuring a fair fight against the global pandemic.
About Intellectual Property Protection for Covid-19 Vaccines
The 1995 agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) necessitates members to comply with a minimum standard of intellectual property rights which safeguard inventors and bolster innovation. India and South Africa have proposed an exemption from the enforcement and application of certain provisions within the TRIPS Agreement (crucially, IP rights like patents, copyright, and trademarks). This would apply specifically to the prevention, containment, or treatment of Covid-19.
Provided the exemption is granted, WTO member countries will, for a limited time, not be required to either award or uphold patents and other IP-related privileges for Covid-19 medicines, vaccines, and treatments. Consequently, this will protect measures adopted by nations to vaccinate their citizens from accusations of unlawfulness under WTO law.
The Case for Waiving Patents on Covid Vaccines
Currently, only pharmaceutical companies owning patents are authorised to manufacture Covid-19 vaccines. If patents were lifted, therefore, the vaccine formula could be shared with other companies. Furthermore, once the formula is shared, any company that has the necessary technology and infrastructure could manufacture vaccines. This would result in cheaper, more accessible versions of the Covid vaccine, helping to address the present vaccine shortage.
Moreover, the distribution of vaccines has so far been inequitable, creating a significant divide between developing and wealthier countries. While countries with a surplus of vaccine doses are returning to normality, having already vaccinated a large portion of their population, poorer nations continue to struggle with vaccine shortages, overburdened healthcare systems, and a high daily death rate.
What This Decision Means for India
A significant proportion of the vaccine doses produced in India have been procured by foreign countries that can pay more. This move could help increase production to meet demand, making the vaccines more affordable for everyone. At the same time, with Indian authorities warning that a third wave of the pandemic is imminent, increasing the accessibility and affordability of vaccines might be the best way to prepare for a potential resurgence in cases and deaths.
Counter Arguments: The Potential Downsides
There are concerns surrounding the potential repercussions of this decision. It is feared that lifting patents could compromise control over safety and quality standards for vaccine manufacturing. Additionally, such a move may dissuade pharmaceutical companies from investing heavily in vaccine development in future pandemics. It’s also argued that eliminating these protections could hinder the global response to the pandemic, potentially undermining public confidence in vaccine safety, and leading to confusion and misinformation.
Moving Forward
Simply waiving IP protections is not sufficient to ensure global access to vaccines. Countries must collaborate to expand manufacturing capabilities and support international vaccination efforts. It is crucial that Indian manufacturers and the government address the concerns of patent holders to ensure that India’s vaccination campaign is not compromised.
