| Waiver from certain provisions of the TRIPS Agreement for the Prevention, Containment and Treatment of COVID-19 | |
|---|---|
| Presented | 2 October 2020 |
| Signatories |  
Official co-sponsors |
| 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]
- ^ "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.
- ^ Ghosal, Aniruddha; Anna, Cara (3 October 2020). "India, South Africa ask WTO to ease IP rules for COVID-19". AP NEWS. The Associated Press. Retrieved 2021-06-18.
- ^ Dabade, Gopal (2020-10-12). "Avoiding patents for Covid-19 vaccines". Deccan Herald. Retrieved 2021-06-18.
- ^ "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 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.
- ^ 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.
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WHOchiefwas invoked but never defined (see the help page). - ^ Cite error: The named reference
catowas invoked but never defined (see the help page). - ^ Allison, Simon (30 January 2021). "Bill Gates, Big Pharma and entrenching the vaccine apartheid". The Mail & Guardian. Retrieved 2 January 2022.
- ^ a b Farge, Emma (January 19, 2021). "Backers of IP waiver for COVID-19 drugs make fresh push at WTO". Reuters. Retrieved 2 January 2022.
- ^ a b Lawder, David (6 May 2021). "WTO vaccine waiver could take months to negotiate, faces opposition -experts". Reuters.
- ^ Fischer, Sara E.; Vitale, Lucia; Agutu, Akinyi Lisa; Kavanagh, Matthew M. (2024-02-01). "Intellectual Property and the Politics of Public Good during COVID-19: Framing Law, Institutions, and Ideas during TRIPS Waiver Negotiations at the WTO". Journal of Health Politics, Policy and Law. 49 (1): 9–42. doi:10.1215/03616878-10910269. ISSN 0361-6878.
- ^ Fischer, Sara E.; Vitale, Lucia; Agutu, Akinyi Lisa; Kavanagh, Matthew M. (2024-02-01). "Intellectual Property and the Politics of Public Good during COVID-19: Framing Law, Institutions, and Ideas during TRIPS Waiver Negotiations at the WTO". Journal of Health Politics, Policy and Law. 49 (1): 9–42. doi:10.1215/03616878-10910269. ISSN 0361-6878.
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