Waiving Intellectual Property Protection for Covid-19 Vaccines

• 06 May 2021

Why in News

The United States has announced the support for waiving Intellectual Property (IP) protection for Covid-19 vaccines.

• The decision is a breakthrough in India and South Africa's attempts to get World Trade Organisation (WTO) member countries to agree to such a waiver to fight the pandemic equitably.

Key Points

• About:
  
  • The 1995 agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires ratifying countries to adopt a minimum standard of intellectual property rights to protect creators and promote innovation.
  • India and South Africa have proposed a waiver from the implementation and application of certain provisions of the TRIPS Agreement (waiving IP rights like patents, copyright, and trademarks) for prevention, containment or treatment of Covid-19.
  • If the waiver is granted, WTO member countries will not be under an obligation, for a temporary period, to either grant or enforce patents and other IP-related rights to Covid-19 drugs, vaccines, and other treatments.
    
    • This will immunise the measures adopted by countries to vaccinate their populations from claims of illegality under WTO law.
• Need to Waive Patents on Covid Vaccines:
  
  • Monopoly of Drug Companies: At present, only drug companies which own patents are authorised to manufacture Covid vaccines.
    
    • A lifting of patents will allow the formula to be shared with other companies.
  • Vaccine Cost: Once the formula is shared, any company which possesses the required technology and infrastructure can produce vaccines.
    
    • This will lead to cheaper and more generic versions of Covid vaccines and will be a big step in overcoming vaccine shortage.
  • Inequitable Distribution of Vaccines: This has opened up a glaring gap between developing and wealthier countries now.
    
    • The countries having surplus doses of vaccines have already vaccinated a considerable percentage of their population and are returning to normalcy.
    • Whereas, the poorer nations continue to face shortages, have overburdened healthcare systems and hundreds dying daily.
  • Against the Interests of the World: The longer Covid circulates in developing nations, there is a greater chance of more vaccine-resistant, deadly mutations of the virus emerging.
• Significance for India:
  
  • Help in Increasing Production: The bulk of the vaccine doses produced in India are taken up by foreign countries which could pay more for the doses.
    
    • This move can help scale up production to meet demand besides making the vaccines more affordable for everyone.
  • Preparation for the Third Wave: Indian authorities have stated that the third wave of the pandemic is inevitable.
    
    • Once the number of cases and deaths plateau, addressing shortages and making more affordable vaccines readily accessible could be the best way to prepare for the surge once again.
• Counter Arguments:
  
  • Vaccine Quality and Safety may get Compromised: Lifting of patents would be a compromise on control of safety and quality standards for vaccine manufacturing.
  • Disincentive Pharmaceutical Companies: Lifting of patents would be a huge deterrent to investing heavily on vaccine development during pandemics in the future.
  • Can Lead to Confusion: Eliminating those protections would undermine the global response to the pandemic, including ongoing effort to tackle new variants.
    
    • It will create confusion that could potentially undermine public confidence in vaccine safety, and create a barrier to information sharing.

Way Forward

• Waiving IP protections alone isn't enough to make vaccines available around the world. The countries must work with each other to expand manufacturing capabilities and support international vaccines.
• It’s important for both Indian manufacturers and the government to address concerns of patent holders to make sure that India’s vaccination drive is not compromised in any way.

Source: IE