Support for India and South Africa’s joint proposal for temporary waiver of specific provisions of the global intellectual property rights has been supported by a research paper by the United Nations Conference on Trade and Development (UNCTAD).
The waiver of specific provisions of the global intellectual property rights (IPR) agreement has been requested, as it will lead to unhindered supply of vaccines and medical products to fight the Covid-19 pandemic in countries that have been severely affected by the virus.
In the paper presented by UNCTAD, it has been stated that, “this waiver will ensure that intellectual property rights do not restrict rapid scaling up of manufacturing and do not hinder an equitable and affordable access to vaccines and treatments throughout the globe.” It additionally maintained that the need of the hour is that multiple manufactures can start producing viable vaccine as soon as possible.
The proposal, made in October has gained support from almost a hundred countries. However, it is to be noted that the proposal has not moved forward in test- based negotiations as the US, EU, UK, Switzerland, Japan and Australia, among others have opposed it.
UNCTAD has stated that one way to ensure adequate supply and equitable distribution of vaccines, medicines and medical technologies is to remove some of the artificial barriers created specifically by IPRs. Thus UNCTAD emphatically advised against IPRs in the area of technology transfer and encouraged manufacturers and producers to work together towards a common goal.
Emphasizing on India’s immense capabilities for medical research and assistance, UNCTAD has stated that, “Enhancing manufacturing capacities of vaccines in as many developing countries as possible can be an important way forward in protecting against future pandemic.”
TRIPS Council meeting
The joint proposal by India and South Africa, as aforementioned, has not been presented recently but was also tabled at the TREIPS council meeting held in February 2021.
A Geneva based official, had then reported that, “There are about 90 members now supporting the India-South Africa TRIPS (Trade-Related Aspects of Intellectual Property Rights) waiver proposal. There are 57 co-sponsors, and the proposal is supported from the floor by several delegations including Jamaica on behalf of the ACP Group (African, Caribbean and Pacific Group – 62 members), Afghanistan, Argentina, Bangladesh, Cambodia, Sri Lanka, Honduras, Cuba, Nepal, Nicaragua, Nigeria, Indonesia, Tunisia, Mali and Mauritius,”
However, it is to be noted that even during the TRIPS council meeting, several developed countries and some developing nations such as China, Colombia and Chile had continued to oppose the proposal, and had sought more evidence-based discussions at the meeting.
It is to be noted, that as per the TRIPS waiver proposal, put forward by India and South Africa, on October 2 2020, the WTO should allow all member countries to choose to neither grant nor enforce patents and other intellectual property- (IP) related to Covid-19 drugs, vaccines and medical products for the duration of the pandemic.
Developed nations’ opposition to the proposal
However, developed regions including the EU, the US, Switzerland, Norway, Japan, Australia and the UK have shown hesitancy and have opposed the proposal on the grounds that it could be counterproductive, and have stated that countries were on their own collaborating on medications and vaccines.
India, in its response to the opposing nations had asked the developed country governments to explain why they had intervened to suspend air transport and restrict mobility to prevent the spread of the virus but were so eager to protect the commercial interests of only a few companies in the pharmaceuticals sector.
It is to be noted that the co-sponsors of the India-South Africa proposal include countries like Kenya, Eswatini, Mozambique, Pakistan, Bolivia, Venezuela, Mongolia, Zimbabwe, Egypt, the African Group and the LDC (least-developed countries) group.