Intellectual Property Rights waiver

  • TRIPS (Trade-Related Aspects of Intellectual Property Rights) was negotiated in 1995 at the WTO. 
  • TRIPS Agreement requires all its signatory countries to enact domestic law, which guarantees minimum standards of IP protection. 
  • India and South Africa’s has sought waiver of IPR regulations suggesting that vaccine manufacturing process is complex and exercising all exsiting flexibilities in TRIPS will still be insufficient to enhance production. 
  • US has now supported IP waiver proposal by India and South Africa.
  • IPR waiver proposal has received strong support from other developing countries, such as Bolivia, Kenya, Mongolia, Pakistan and Venezuela. 
  • However, developed nations, especially the EU, Switzerland, Australia, the UK and Japan have been opposing the waiver, saying it impedes innovation. 
  • All 164 WTO members must agree on the draft of IPR waiver, and any one member can veto it. 
THE PROBLEMS
  • A waiver will do nothing to fillthe urgent shortfall of doses in 2021. 
  • The head of the World Trade Organisation, the forum where it will be thrashed out, warns there may be no vote until December. 
  • Technology transfer would take six months or so to complete even if it started today. 


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