Category Access to Medicine

A New WHO International Treaty on Pandemic Preparedness and Response: Can It Address the Needs of the Global South?

[Germán Velásquez and Nirmalya Syam] A recent joint communiqué by 25 Heads of Government and the WHO Director-General have called for the negotiation of a pandemic treaty to enable countries around the world to strengthen national, regional and global capacities and resilience to future pandemics. The COVID-19 pandemic has demonstrated the fragility of the mechanisms at the disposal of WHO for preparedness and response to pandemics. The use of binding instruments to promote and protect health in the context of pandemics is needed.

Educators, Libraries & Researchers Praise President Biden for Endorsing Waiver of All IP for COVID in WTO TRIPS Waiver

[PIJIP] Today educators, researchers, libraries, academics and other advocates praised President Biden, USTR Ambassador Katherine Tai and the Administration for formally supporting the WTO TRIPS waiver, including for copyright. “By supporting a waiver of ‘intellectual property for COVID-19 vaccines,’ not just of patents, the statement would presumably extend, for example, to the copyright protection that can exist on computational algorithms needed to produce mRNA vaccines. It is less clear whether the Administration’s support extends to access to copyright for other needed activities, such as to repair software enabled devices or to enable text and data mining research. Clearly, however, this is a great advance for the cause of ensuring that intellectual property bends to the public interest, not the other way around.” said Sean Flynn, Director of American University’s Program on Information Justice and Intellectual Property.

Third-Way Proposals from Big Pharma and the WTO are the Same-Old Way: Commercial Control of Supply, Price, and Distribution

[Brook Baker] This Policy Brief from the People’s Vaccine Campaign, written by Prof. Brook K. Baker, is highly relevant to the discussions of the India/South Africa TRIPS waiver proposal at the WTO. The Policy Brief distinguishes between (1) industry controlled efforts to manage the global supply of COVID-19 vaccines and other health technologies that results in the inevitable consequence of inadequate supply, needlessly high prices, and grossly inequitable distribution and (2) government-led efforts to free additional qualified manufacturers from intellectual property and technology transfer barriers that stand in the way of building near-term and sustainable biopharmaceutical manufacturing capacity in underserved developing country regions around the world.

Joint Appeal by 388 Members of the European Parliament and of European National Parliaments Urging the EU and its Member States to Support a TRIPS Waiver

One year after the adoption of the first lockdown measures in Europe, it is clear that we must urgently and exponentially increase manufacturing and availability of vaccines, tests, medicines and protective materials, and that requires wider sharing of proprietary technology and knowhow, data and resources, especially with low- and middle-income countries. We stand with the Director-General of the World Health Organization, over 100 national governments, hundreds of civil society organizations, and trade unions, and join them in urging the European Commission and EU member states to discuss at the highest levels and support the temporary waiver of certain obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Click here for the full statement and endorsers.

World trade organization’s export-oriented compulsory licensing mechanism: Foreseen policy concern for Africa to mitigate the COVID-19 pandemic

[Muhammad Z Abbas] Abstract: Africa has a history of grappling with outbreaks and high prevalence of disease. It currently confronts COVID-19 which is escalating because of local community transmission of the disease. Poorly resourced health systems in Africa are ill-prepared for the surging number of COVID-19 cases. This paper emphasizes that in the current battle against COVID-19, policymakers should not lose sight of future policy challenges.

Making International] Intellectual Property and Trade Regimes Work to Address the Health Response to COVID-19

[Brook Baker] The world was unprepared for COVID-19 despite other recent coronavirus outbreaks and despite multiple warnings from the World Health Organization (WHO) and others. Although there was an initial sharing of research among scientists and an unleashing of significant public, charitable, and private funding to develop, test, and expand manufacturing capacity of new COVID-19-related medicines, vaccines, and diagnostics, the status quo of exclusive rights ownership and commercial control by the multinational biopharmaceutical industry continues unabated. Existing intellectual property rules that allow private entities to maintain monopoly rights over the development, clinical testing, regulatory approval, pricing, supply, and distribution of essential medical products have not been altered.

New Paper Shows Data Exclusivity Linked to Higher Prices of Pharmaceutical Imports

[Mike Palmedo] Some studies that estimating the impact that trade agreements have had on medicine prices have found it to be small, as the effects take a long time to become fully apparent. Studies that have instead studied the effect of TRIPS-Plus rules required by trade agreements – such as patent term extensions, rules on the protection of test data – have often found significant impacts on prices or availability of medicines. Many of the existing studies have focused on one country, and/or on a few drugs. In a new working paper, I take another approach by focusing on one TRIPS-plus provision required by all US trade agreements and demonstrating that the provision has been associated with faster inflation of imported pharmaceutical import prices in a set of 42 countries. Specifically, the price of drug imports rose on average between 2.4 and 4.5 percentage points faster in the countries that had implemented data exclusivity than in those without it.

175 Former Heads of State and Nobel Laureates Call on President Biden To Waive Intellectual Property Rules for COVID Vaccines

We the undersigned former Heads of State and Government and Nobel Laureates are gravely concerned by the very slow progress in scaling up global COVID-19 vaccine access and inoculation in low- and middle-income countries... But we are encouraged by news that your Administration is considering a temporary waiver of World Trade Organization (WTO) intellectual property rules during the COVID-19 pandemic, as proposed by South Africa and India, and supported by more than 100 WTO member states and numerous health experts worldwide. A WTO waiver is a vital and necessary step to bringing an end to this pandemic. It must be combined with ensuring vaccine know-how and technology is shared openly. This can be achieved through the World Health Organization COVID-19 Technology Access Pool, as your Chief Medical Advisor, Dr. Anthony Fauci, has called for. This will save lives and advance us towards global herd immunity.

COVID-19 as an Example of Why Genomic Sequence Data Should Remain Patent Ineligible

[Jorge Contreras] The researchers who determined the genomic sequence of the SARS-CoV-2 virus did not seek to patent it, but instead released it in the publicly-accessible GenBank data repository. Their release of this critical data enabled the scientific community to mobilize rapidly and conduct research on a range of diagnostic, vaccine, and therapeutic applications based on the viral RNA sequence. Had the researchers sought patent protection for their discovery, as earlier research teams had during the SARS, H1N1 and H5N1 outbreaks, global research relating to COVID-19 would have been less efficient and more costly.

More Talk, No Action: Australia’s Approach to Trade Rules Restraining Vaccine Production

[Deborah Gleeson] ...Australia has gifted 8,000 doses to Papua New Guinea, and vowed to help the nation of almost 9 million secure 1 million more. Earlier this month Australia agreed to work with the US, India and Japan to provide 1 billion vaccines to poorer countries in the Asia-Pacific. It is also supporting COVAX, the global program aiming to buy and distribute 2 billion COVID-19 vaccine doses to developing nations by the end of 2021. But all this could be negated through Australia’s potential spoiling role (with a handful of other countries) against a proposal supported by 118 countries to ramp up vaccine production by relaxing the trade rules governing intellectual property.