Dr Guru Prasad Mohanta
The US decision in early May 2021 to support patent waiving of Covid-19 vaccines at World Trade Organization (WTO) was a surprise move. India and South Africa had submitted a proposal in October 2020 seeking waiver of certain provisions of Trade Related Intellectual Property Rights (TRIPS) agreement for health products and technologies useful for the prevention, treatment and containment of Covid-19. The move by the US has been termed historic, as people thought this would accelerate the process of waiving decision. While India and South Africa ask for patent waiver for all tools from diagnostics to vaccines to therapeutic agents, the US administration selectively opted to support only vaccines.
It is worth looking at the sudden decision of the US to back the Covid-19 vaccine waiver but not on Covid therapeutics or diagnostics. The access to vaccines in other countries is in the interest of the US, as the vaccinated persons would not be carrying the virulent strain of corona causing Covid- 19 when they enter the US territory. We have seen the power of isolation and restricted movement of people infected by the virus. On the other hand, there is no direct impact of treatment given in other countries on the US territory. When some countries are unable to vaccinate, it becomes a threat to other countries. Vaccination in other countries protects the US against the Covid-19, but therapeutics help the countries to save lives. Of course, there was a demand from within the US too for vaccine patent waiver.
India and South Africa’s joint proposal was gathering dust and for few months there was no discussion. Though many countries have come forward in support, there was stiff opposition from the European Union. Based on the concerns raised by the countries over the original proposal, a revised proposal was submitted clarifying that the period of waiver be restricted to three years. Countries like the UK, Switzerland and even the EU are still blocking the meaningful progress of the revised proposal. They have been advocating that countries seeking waiver should use the compulsory license provision already available under the present WTO provisions and there is no need for waiving patent. Invoking compulsory provision is not easy and has several legal hurdles. In addition, every country has to invoke and each country has to pass through the legal obstacles. Besides, it may be easy to duplicate a small molecule but is very difficult to develop the procedure of manufacturing complex molecules and biological products like vaccines. By and large, the compulsory licensing is not appropriate, at least during Covid-19.
Tough negotiations are necessary as the WTO functions not on majority but on consensus. All the 164 member states must agree and a single ‘No’ means rejection of the proposal. The pharmaceutical companies too are opposing the waiver proposal and lobbying against it. Their fear is that vaccine patent waiver should not become a precedence. Vaccine patent waiver may lead to demand of patent waiver of all medical technologies. The Director Generals of three international bodies: World Health Organization, World Intellectual Property Organization and World Trade Organization have come together for collaboration to tackle the pandemic at the intersection of public health, intellectual property and trade. This trilateral cooperation is needed to find a sustainable and integrated solution to this unprecedented public health challenges faced by the world.
The WTO General Council meeting is scheduled for July 27-28 and hopefully the countries opposing at this moment will come forward for a quick consensus decision, which is needed to end this viral pandemic.
Vaccines are important to protect ourselves from Covid-19. Vaccines alone are not sufficient to save lives worldwide. In WHO chief’s words, “Vaccination is the best way to control the pandemic and reboot the global economy”. While vaccines are for future protection, diagnostics and therapeutic agents are of current use. The member countries of WTO are at their legal rights to accept or decline the proposal for temporary waiver of patents for all medical products and technology required for Covid-19, but declining the waiver proposal is against humanity. Access to vaccines, test and treatments to everyone who needs them is only way out to save the mankind against the brutal Corona virus.
The writer is a former Professor and Head of Department of Pharmacy, Annamalai University.