PSIR 5c. Why is the compromise reached at WTO regarding the Covid-19 vaccine manufacturing not a Trade Related Intellectual Property Rights (TRIPS) waiver ? UPSC 2023, 10 Marks

Introduction

While the compromise reached at the World Trade Organization (WTO) regarding Covid-19 vaccine manufacturing aims to increase global access to vaccines, it is not a Trade-Related Intellectual Property Rights (TRIPS) waiver. Here's why:

1. TRIPS Waiver vs. Compromise Agreement:

Purpose: The TRIPS waiver proposal, initially put forward by India and South Africa, sought to temporarily suspend certain intellectual property (IP) provisions related to Covid-19 vaccines. In contrast, the compromise is a negotiated agreement with a different scope.

Temporary Suspension: The TRIPS waiver aimed to temporarily waive IP rights on Covid-19 vaccines, allowing developing countries to manufacture them without fear of patent violations. The compromise does not suspend IP rights but encourages voluntary licensing and technology transfer.

2. Voluntary Licensing and Technology Transfer:

Encouragement: The compromise encourages vaccine manufacturers to engage in voluntary licensing agreements with manufacturers in developing countries. It also promotes technology transfer to facilitate local production.

IP Protection: Unlike a TRIPS waiver, the compromise does not suspend or alter IP protection. Companies still retain their patents but are encouraged to cooperate in expanding vaccine access.

3. Support from Vaccine Manufacturers:

Pharmaceutical Companies' Role: Several pharmaceutical companies have expressed willingness to cooperate under the compromise agreement by providing licenses and transferring technology. They maintain their IP rights while participating in expanded vaccine production.

Cooperation Model: This model encourages collaboration between vaccine developers and manufacturers, ensuring quality control and regulatory compliance.

4. Broader International Support:

Global Consensus: The compromise garnered broader international support compared to the TRIPS waiver proposal. It involves negotiations among various stakeholders, including countries, vaccine manufacturers, and organizations like the WHO.

Balanced Approach: It strikes a balance between protecting IP rights and addressing the urgent need for increased vaccine production, garnering a more diverse group of supporters.

5. Focus on Supply Chain and Distribution:

Supply Chain Support: In addition to addressing IP issues, the compromise emphasizes supporting the entire vaccine supply chain, including raw materials, equipment, and distribution networks.

Infrastructure Building: It encourages investment in infrastructure and healthcare systems to ensure equitable access to vaccines.

6. Time-Limited Agreement:

Temporary Nature: The compromise is framed as a time-limited agreement, allowing for periodic reassessment and adjustments based on evolving circumstances.

7. Variations in Implementation:

Flexibility: Countries can implement the agreement in ways that suit their specific situations, providing flexibility in adapting to local needs and conditions.

8. Ongoing Negotiations:

Continued Discussions: Negotiations at the WTO regarding Covid-19 vaccine access are ongoing, and the compromise is one of the outcomes of these negotiations. The TRIPS waiver proposal remains part of the discussions.

Conclusion:

The compromise at the WTO regarding Covid-19 vaccine manufacturing represents a different approach from the TRIPS waiver. While it does not suspend IP rights, it encourages voluntary licensing, technology transfer, and broader cooperation to expand vaccine access. It has garnered more international support and focuses on comprehensive solutions to vaccine production and distribution challenges.