Category Multilateral Fora

The Doha Ministerial Declaration on TRIPS and Public Health on its Twentieth Anniversary

[Nirmalya Syam, Viviana Munoz, Carlos M. Correa and Vitor Ido] This Policy Brief reviews the role of the Doha Declaration on TRIPS and Public Health in the twenty years since its adoption. It finds that the Doha Declaration has contributed to advance the use of the TRIPS flexibilities to promote public health and should be considered an important subsequent agreement to the TRIPS Agreement, despite the continuing challenges for WTO members to implement the TRIPS flexibilities in full.

Compulsory licensing vs. the IP waiver: what is the best way to end the COVID-19 pandemic?

[Olga Gurgula] This policy brief examines the currently discussed proposals at the World Trade Organization (WTO) that aim to resolve the problem of the production shortages of COVID-19 vaccines. This includes the two key submissions, i.e. the proposal by South Africa and India on the Intellectual Property (IP) waiver, partially supported by the United States (US), and the European Union (EU) proposal to clarify the use of compulsory licensing.

WTO Extends Measures for LDCs to Access Knowledge, But Why not Go the Whole Way?

[Teresa Hackett] When members of the World Trade Organization (WTO) recently agreed to extend the transition period by which Least Developed Countries (LDCs) must apply WTO rules on intellectual property, it was a welcome decision. However, it fell short of what LDCs had requested, and left open the wider issue of the need for special and differential treatment after a country graduates from LDC status, especially relevant given the fallout from the COVID-19 pandemic.

Call for Abstracts – 20 years of the Doha Declaration on TRIPS and Public Health

The Doha Declaration on the TRIPS Agreement and Public Health (‘Doha Declaration’) represented a groundbreaking moment in the history of intellectual property (IP) international policy, recognizing that Member States should not be prevented from taking measures to protect public health, reaffirming the right to use the so-called TRIPS flexibilities to that aim, such as compulsory licensing and parallel imports. The impact of IP protection on public health has continued to be at the forefront of debate to ensure equitable and affordable access to medicines and other medical products globally, and especially in the global South. The Covid-19 pandemic brought new challenges. Solutions are being discussed beyond use of TRIPS flexibilities, such as a temporary waiver to TRIPS during the pandemic.

Case to #EndTheBookFamine to be heard 21 Sept 2021

[Section 27] BlindSA, represented by SECTION27, is going to court to fight for the rights of people who are blind or visually impaired by asking the court to amend the apartheid era Copyright Act for greater access to reading materials in accessible formats. The case will be heard in a virtual sitting of the High Court of South Africa (Gauteng Division) on 21 September 2021.

The People’s Vaccine: Intellectual Property, Access to Essential Medicines, and the Coronavirus COVID-19

[Mattthew Rimmer] Abstract: This paper explores intellectual property and access to essential medicines in the context of the coronavirus COVID-19 public health crisis. It considers policy solutions to counteract vaccine nationalism and profiteering by pharmaceutical companies and vaccine developers. This paper considers the campaign for the development of a People's Vaccine led by the People’s Vaccine Alliance, UNAIDS, Oxfam and Public Citizen.

Applause as Australia Backs Covid Vaccine Patent Waiver

[Julia Conley] Vaccine equity advocates on Wednesday cheered as the Australian government bowed to a months-long pressure campaign demanding a suspension of intellectual property rights for Covid-19 vaccines, after the country's top trade official said he officially supports the push for a "people's vaccine." Trade Minister Dan Tehan told a group of advocates in a private meeting on Tuesday that the Australian government would support a trade-related aspects of intellectual property (TRIPS) waiver proposal, and later confirmed the news to the press.

The Overlooked Role of Copyright in Securing Vaccine Distribution Equity

As the COVID-19 pandemic continues to ravage the globe, we need to consider every avenue that could improve access to critical medicines needed to fight this deadly disease. The primary focus on securing patent waivers under TRIPS makes perfect sense because patents have been the traditional basis for protecting pharmaco-medical innovations, including the technologies for production and delivery. Compulsory access to both patents and trade secrets is critical. But we overlook a crucial weapon in the fight for vaccine distribution equity when we give short shrift to the equally important role that copyright can play in bringing the full weight of technology to bear on this deadly scourge.

EU Proposals regarding Article 31bis of the TRIPS Agreement in the Context of the COVID-19 Pandemic

[Nirmalya Syam] This Policy Brief presents an analysis of the proposal by the European Union (EU) with regards to Article 31bis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as part of a Declaration on the TRIPS Agreement and Public Health in the circumstances of a pandemic. It discusses the EU’s proposed clarifications, why Article31bis does not provide an effective solution to promote access to pharmaceutical products and possible options.

EIFL WELCOMES WTO DECISION ON TRIPS WAIVER REQUEST

[Electronic Information for Libraries] EIFL welcomes the decision by members of the World Trade Organization​​ (WTO) to extend until 1 July 2034 the deadline for least developed countries (LDCs) to protect intellectual property under the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Although stopping short of the full LDC request, WTO members reached consensus on a 13-year extension of the current transition period, which expired on 1 July 2021.

The TRIPS COVID-19 Waiver, Challenges for Africa and Decolonizing Intellectual Property

[Yousuf Vawda] The intellectual property (IP) regimes of African countries are a function of their colonial past, which imposed strong protections, and which have been entrenched through the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). This has had a devastating effect on their ability to access necessary health products both before and during the current COVID-19 pandemic. It is important to reflect on the challenges that African countries face, before considering the implications of the WTO TRIPS waiver on COVID-19 (henceforth, waiver). In assessing the challenges faced by these countries, as well as the possibilities of improving access, this paper argues that while the waiver offers the best available solution to overcome the current supply shortages of a range of COVID-19 health products, in the longer term a break from this past—the decolonization of IP regimes—is necessary.