THE World Trade Organization (WTO) has yet to decide on the proposed waiver of the intellectual property (IP) protection for Covid-19 vaccines amid the pandemic.
At the recent meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), the WTO members said they will continue discussions on the waiver proposal of certain TRIPS obligations.
The TRIPS Council intends to hold an informal meeting in early September as a follow up. The next formal meeting is set in October, but members may convene earlier if needed.
The intergovernmental organization said that members have been conferring on the waiver request over the last nine months.
In a formal TRIPS Council meeting last month, WTO said members “moved closer to a text-based process to address the proposals put forward by delegations aimed at improving the international response to Covid-19 and achieving the common goal of providing global equitable access to vaccines and other medical products.”
The TRIPS Agreement is a multilateral accord on IP covering copyright and related rights, trademarks, geographical indications, industrial designs and patents, among others. The agreement, which took effect on January 1, 1995, sets the minimum standards of IP protection, enumerates enforcement procedures and covers dispute settlement.
“While delegations remain committed to the common goal of providing timely and secure access to high-quality, safe, efficacious and affordable vaccines and medicines for all, disagreement persisted on the fundamental question of what is the appropriate and most effective way to address the shortage and inequitable access to vaccines and other Covid-related products,” WTO noted.
Over 100 countries, according to previous reports, have supported the proposal which is seen to allow quicker mass production of the Covid-19 doses amid surging infection rate. They seek IP waiver instead of securing voluntary licensing.
Médecins Sans Frontières (MSF), or Doctors Without Borders, said earlier that IP holders could put in place some restrictions preventing the grant of voluntary license. In securing a voluntary license, the patent holder grants a generic company permission to produce the patented article subject to terms and conditions.
MSF Legal Advisor Yuan Qiong Hu previously said that the IP-holding company can dictate who they want to work with, set the terms and conditions for the licensing, choose which countries can supply, and decide which IPs are only allowed for production at a certain price tag.
Opposing parties, however, said maintaining IP rights for Covid-19 vaccines will encourage pharmaceutical firms to further their research and development.
Voluntary licensing
The Pharmaceutical and Healthcare Association of the Philippines (PHAP) said in an earlier interview with the BusinessMirror that voluntary licensing ensures the quality of the Covid-19 doses to be manufactured.
“The safeguards of voluntary technology transfer include know-how transfer, sharing of expertise, and joint training of skilled workers with the shared objective of developing and manufacturing quality and safe Covid-19 vaccine,” PHAP said.
In identifying partners, PHAP said IP-holding firms consider the capacity of the applicant to deliver the expected output and quality assurance processes without compromising safety and quality.