A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness

In October 2020, India and South Africa submitted a proposal to the World Trade Organization (WTO) to suspend IP on all COVID-19 vaccines, therapeutics, and diagnostics until widespread vaccination could help achieve immunity among people in low- and middle-income countries. After 18 months, the fin...

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Main Authors: Tahir Amin LLB (Hons), Dip LP, Aaron S. Kesselheim MD, JD, MPH
Format: Article
Language:English
Published: SAGE Publishing 2022-09-01
Series:Inquiry: The Journal of Health Care Organization, Provision, and Financing
Online Access:https://doi.org/10.1177/00469580221124821
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author Tahir Amin LLB (Hons), Dip LP
Aaron S. Kesselheim MD, JD, MPH
author_facet Tahir Amin LLB (Hons), Dip LP
Aaron S. Kesselheim MD, JD, MPH
author_sort Tahir Amin LLB (Hons), Dip LP
collection DOAJ
description In October 2020, India and South Africa submitted a proposal to the World Trade Organization (WTO) to suspend IP on all COVID-19 vaccines, therapeutics, and diagnostics until widespread vaccination could help achieve immunity among people in low- and middle-income countries. After 18 months, the final WTO Decision substantially watered down the original text proposed by India and South Africa, limiting it only to patents on vaccines and the use of protected clinical trial data for regulatory approval. We address why an IP waiver under TRIPS consistent with the one originally proposed by India and South Africa is still needed to not only meet the ongoing inequities of COVID-19, but also to ensure the right precedent for future equitable pandemic preparedness and other crises affecting the global South. To meet the multilateral goals of the WTO, an IP waiver as proposed by India and South Africa is still needed to increase manufacturing capability for vaccines, therapeutics, and other COVID-19 health-related technologies.
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spelling doaj.art-f5556c7dbb444981a9ba5559d64f84792022-12-22T04:26:40ZengSAGE PublishingInquiry: The Journal of Health Care Organization, Provision, and Financing0046-95801945-72432022-09-015910.1177/00469580221124821A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic PreparednessTahir Amin LLB (Hons), Dip LP0Aaron S. Kesselheim MD, JD, MPH1Initiative for Medicines, Access and Knowledge (I-MAK), New York City, NY, USAProgram On Regulation, Therapeutics, And Law (PORTAL), Division of Pharmacoepidemiology and Pharmacoeconomics, Deparment of Medicine, Brigham and Women’s Hospital and Harvard Medical School, Boston, MA, USAIn October 2020, India and South Africa submitted a proposal to the World Trade Organization (WTO) to suspend IP on all COVID-19 vaccines, therapeutics, and diagnostics until widespread vaccination could help achieve immunity among people in low- and middle-income countries. After 18 months, the final WTO Decision substantially watered down the original text proposed by India and South Africa, limiting it only to patents on vaccines and the use of protected clinical trial data for regulatory approval. We address why an IP waiver under TRIPS consistent with the one originally proposed by India and South Africa is still needed to not only meet the ongoing inequities of COVID-19, but also to ensure the right precedent for future equitable pandemic preparedness and other crises affecting the global South. To meet the multilateral goals of the WTO, an IP waiver as proposed by India and South Africa is still needed to increase manufacturing capability for vaccines, therapeutics, and other COVID-19 health-related technologies.https://doi.org/10.1177/00469580221124821
spellingShingle Tahir Amin LLB (Hons), Dip LP
Aaron S. Kesselheim MD, JD, MPH
A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness
Inquiry: The Journal of Health Care Organization, Provision, and Financing
title A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness
title_full A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness
title_fullStr A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness
title_full_unstemmed A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness
title_short A Global Intellectual Property Waiver is Still Needed to Address the Inequities of COVID-19 and Future Pandemic Preparedness
title_sort global intellectual property waiver is still needed to address the inequities of covid 19 and future pandemic preparedness
url https://doi.org/10.1177/00469580221124821
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