"World is on the brink of catastrophic moral failure". These are the words of Tedros Adhanom, Director general of the World Health Organization at a press conference where he highlighted the chasm of vaccine availability between rich and poor countries.?
He gave the example of the UK which had administered 7-8 million doses against Guinea which had administered merely 25 doses, at that time. The global vaccination drive is happening at two speeds: Richer countries have plenty of fundings and vaccine doses. Poorer countries have neither.?
The World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been identified as one of the most significant barriers to vaccine and medicine affordability, particularly for developing and least developed countries.?
TRIPS is a hard law instrument that is enforceable and binding. It mandates patent protection for pharmaceutical products for up to 20 years, and any violations result in trade sanctions. In other words, this Agreement is basically being used to create an artificial constraints supply of vaccines by means of patents. Countries who can and want to produce vaccines, can't until licensed by the owner.?
The TRIPS is aiding the privatisation of knowledge to a handful of big corporations who are deciding who will get vaccines and in what order. Unfortunately, the WTO hasn't been able to deliver much to improve the status of global demand.?
Negotiations have not been fruitful. Vaccine equity, which should have been a priority, has been made a function of the relationship between global north and global south. The result is, currently, 103 countries haven't even reached the 40% mark in vaccination. With a new variant of concern (Omicron), this is a matter of concern. Quoting, the Director general of the World Health Organisation, "the lack of sharing has hindered our collective ability to understand how the virus is evolving".?
The TRIPS Agreement also covers the issues of protection of intellectual property in trade-related areas to a significant degree, and is seen as a comprehensive framework prescribing standards of intellectual property protection.?
The intellectual property rights (IPRs) started taking place during the late 19th century, formally concretized in 1995. The IPRs are meant for protecting the creators/agencies' exclusive rights over the creation for a certain period. While the agreement establishes?minimum standards for intellectual property right protection in the form of patents, trademarks, geographical indications, industrial designs, and the enforcement of those rights in all WTO member countries, it is primarily concerned with reducing distortions and impediments to international trade.
The TRIPS has been conceived to be very beneficial for society, particularly given the imposition of temporary monopolies and other limitations resulting from private IPRs. However, in health emergencies like Covid, it is proving to be a nemesis.?
In this situation, a debate has been underway, setting global-vaccine-access advocates against vaccine developers and pharmaceutical firms that rely on patented technology. India and South Africa were the first to propose for an IP waiver.?
This would mean temporarily doing away with patents and technology transfer in order to allow any country with resources to produce vaccines. The USA was the first country to join the two countries in this proposal. Countries like Australia, Brazil, Japan, Norway, Switzerland, UK and the EU members opposed the IP waiver. The failure of WTO lies in the fact that it was unable to negotiate with its members and bring them to a consensus on this crucial matter.?
While the TRIPS waiver might seem the only and last resort to solve vaccine inequity, it might not be enough. Many caveats still tag along with this waiver for it to become truly successful.?
Firstly, vaccine production cannot commence till the transfer of technology takes place. This is specifically required for mRNA vaccines which are currently being produced by companies like Moderna and Pfizer. Therefore the 'tech transfer' is a prerequisite for vaccine production in countries that might benefit from TRIPS waive off.?
Secondly, if the above mentioned scenarios fortunately play out, it might take considerable time for the vaccine production to be efficient and competent in these countries. As uncertain as it gets, during this intervening time i.e. from the time of commencement of production to actually becoming competent in it, we might have another variant which could be resistant to the vaccines produced. This might turn the entire process futile.?
Lastly, the waive off can cause a major setback to the global fight against the Covid-19 pandemic, if it discourages the pharmaceutical highbrows' like Pfizer and Moderna from investing in the next-generation vaccines. This counter-argument stems from the insecurity of losing the monopoly in vaccine production, courtesy the TRIPS waive off.?
At this stage, a simultaneous global rollout of a pandemic vaccine is impractical, it is important that the ability to pay should not drive availability. There is an urgent need for international collaboration to establish globally accepted guidelines to ensure equitable distribution that considers epidemiological and medical factors. Such guidelines ought to prioritise ¡°essential¡± workers and the most vulnerable groups on global premises.
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