Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19

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Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19
Presented2 October 2020
SignatoriesSouth Africa India

Official co-sponsors
Kenya Eswatini (15-16 October 2020)

62 countries by May 2021
PurposeWTO TRIPS waiver proposal
Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19 at Wikisource

Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19[1] is a joint intervention communication by South Africa and India to the TRIPS council of the World Trade Organization (WTO) on 2 October 2020.[2][3]

The two countries are suggesting a temporary patent waiver for COVID-19 drugs, COVID-19 vaccines and related equipment and technologies in four categories of intellectual property under the TRIPS agreement.[4][5][6] The four categories, as enunciated in sections of the TRIPS agreement, cover– copyright, industrial designs, patents and protection of undisclosed information.[7] The duration of the waiver is based on the timeframe in which the world can develop an immunity against COVID-19.[6]

On 15-16 October 2020, at the WTO TRIPS Council meeting Kenya and Eswatini became official co-sponsors while 100 countries welcomed or fully supported the proposal; a number of countries did not support the proposal.[8][7] By 18 June 2021 the number of co-sponsors grew to 62.[9][10] Precedents include an African Union communication to the World Health Organization, urging it to ensure universal access to vaccines, in June 2020.[2][11] Challenges other than patents would still remain such as access to raw materials.[12]

References

  1. ^ "Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19". World Trade Organization. 2 October 2020. Archived from the original on 11 June 2021. Retrieved 18 June 2021.
  2. ^ a b Aniruddha Ghosal and Cara Anna (3 October 2020). "India, South Africa ask WTO to ease IP rules for COVID-19". AP NEWS. The Associated Press. Retrieved 2021-06-18.CS1 maint: uses authors parameter (link)
  3. ^ Dabade, Gopal (2020-10-12). "Avoiding patents for Covid-19 vaccines". Deccan Herald. Retrieved 2021-06-18.
  4. ^ "In landmark move, India and South Africa propose no patents on COVID-19 medicines, tools during pandemic". Médecins Sans Frontières Access Campaign. Médecins Sans Frontières. 7 October 2020. Retrieved 2021-06-18.
  5. ^ "5 reasons a new proposal by India and South Africa could be a gamechanger in the COVID-19 response". Médecins Sans Frontières Access Campaign. Médecins Sans Frontières. 11 October 2020. Retrieved 2021-06-18.
  6. ^ a b "WTO COVID-19 TRIPS waiver proposal: Myths, realities and an opportunity for governments to protect access to lifesaving medical tools in a pandemic" (PDF). Médecins Sans Frontières. December 2020. Retrieved 18 June 2021.
  7. ^ a b "Members discuss intellectual property response to the COVID-19 pandemic". World Trade Organization. 20 October 2020. Retrieved 2021-06-18.
  8. ^ Médecins Sans Frontières Access Campaign (18 November 2020). "India and South Africa proposal for WTO waiver from intellectual property protections for COVID-19-related medical technologies (Briefing Document)" (PDF). Médecins Sans Frontières. Retrieved 18 June 2021.CS1 maint: uses authors parameter (link)
  9. ^ Mathew, Joe C (18 May 2021). "COVID-19 crisis: 62 WTO members say TRIPS waiver proposal to be amended". Business Today. Retrieved 2021-06-18.
  10. ^ Basu, Nayanima (5 May 2021). "WTO meet today could take up India-South Africa proposal to waive IP rights on Covid vaccines". ThePrint. Retrieved 18 June 2021. But the proposal has found a number of co-sponsors in Kenya, Eswatini, Mozambique, Pakistan, Bolivia, Venezuela, Mongolia, Zimbabwe, Egypt, the African Group, Maldives, Fiji and Namibia, among others.
  11. ^ Achal Prabhala, Benny Kuruvilla, Burcu Kilic and Dana Brown (2020-10-15). "We can't let the WTO get in the way of a 'people's vaccine'". The Guardian. Retrieved 2021-06-18.CS1 maint: uses authors parameter (link)
  12. ^ Aanchal Magazine, Prabha Raghavan (2021-05-11). "Explained: Intellectual property waiver for Covid-19 vaccines". The Indian Express. Retrieved 2021-06-18.CS1 maint: uses authors parameter (link)

External links

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