Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19 | |
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Presented | 2 October 2020 |
Signatories |
64 countries by November 2021 |
Purpose | WTO TRIPS waiver proposal |
Full text | |
Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19 at Wikisource | |
opponents |
The TRIPS Agreement waiver (officially titled the 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 time frame in which the world can develop an immunity against COVID-19.[6]
Generally, wealthier countries oppose the waiver, while poorer countries support it.[8][9] Reuters noted that the European Union, the United States and Switzerland, countries opposing the waiver, are home to large pharmaceutical companies and have excellent domestic vaccine availability.[10][11] In May 2021, Reuters quoted an unnamed industry sources as saying that they were attempting to narrow the waiver, seeing little chance of blocking it.[12]
A waiver would have to be agreed to by all 164 WTO member countries; any one dissenter could scupper the deal. The WTO has not managed to get agreement on any substansive new policy since it was founded in 1995.[12] Proponents (including Oxfam) have accused opponents of stalling,[8][13] and of filibustering by asking the same questions over and over.[11] In fact, both opponents as well as supporters of the waiver helped to narrow the Overton Window of acceptable international policy when they engaged in escalating strategic framing that eventually secured political attention, and sidelined other possible solutions.[14]
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