COVID-19, IP Waivers, and Global Health Equity
Intellectual Property and Technology Law, American University, Washington, DC, United States.
Review Article
World Journal of Advanced Research and Reviews, 2021, 12(03), 746-750
Publication history:
Received on 02 November 2021; revised on 26 December 2021; accepted on 28 December 2021
Abstract:
The essential need for universal access to vaccines, diagnostics, and treatments has been highlighted by the COVID-19 pandemic. The role of intellectual property (IP) rights under the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which provides patent protections that may prevent developing nations from accessing life-saving medical technologies, is at the heart of the global health debate. In response, South Africa and India suggested temporarily waiving several TRIPS clauses to allow for the increased manufacturing and distribution of medical supplies linked to COVID-19. This essay critically analyzes the TRIPS waiver proposal's ethical and legal aspects as well as how WTO members have responded to it and how it affects global health fairness. It assesses how IP regimes both facilitate and impede access and innovation, and it makes the case for a more adaptable and inclusive method of IP governance in times of public health crises. The necessity for a balanced framework that puts public health and human rights ahead of stringent commercial safeguards during times of global crises is emphasized in the study's conclusion.
Keywords:
COVID-19; TRIPS Agreement; Intellectual Property; IP Waiver; Global Health Equity; Vaccine Access; WTO; Public Health; Developing Countries; Pandemic Response
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Copyright © 2021 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0