IP Waiver: Success or a Failure

INTRODUCTION:

The change of the judicial systems throughout the world has occurred at a startling rate as a result of the Covid-19 pandemic. In place of typical human interaction, families now communicate with one another through technologies like Skype, Zoom, and others. The first issue that has to be dealt with is COVID-19, a public health issue. Every tier of society is affected by the crisis to a greater or lesser extent. State-developed laws and policies intended to stop the spread of COVID-19 also have unintended implications and impinge on other human rights, including extraordinary access to health care.

The move to the pandemic is a serious intellectual property rights concern. Medical items (protection equipment, medications, and vaccinations covered by patents), technology, and labelling aid in controlling the pandemic, but if intellectual property (IP) is seen as a solution, when might it become a barrier? Both access to medications and intellectual property rights are hotly debated topics. Technology and innovation are advanced by IP, however these rights are also awarded as monopoly rights, which can increase the cost of pharmaceuticals and other medical supplies.

IP, PANDEMIC AND GLOBAL OUTLOOK

WHO declared a public health emergency in January 2020. The nations created domestic laws as they considered how to combat the epidemic. The demand was greater than the supply as the epidemic spread. For all the nations, the availability of drugs, the state of the medical system, and the cost of adequate healthcare were major issues. The correct immunisation of individuals was also required, and getting people ready for vaccination was a difficult process.

The primary issue was that we require an increasing number of medications, and if those medications are locked behind intellectual property restrictions, access to appropriate healthcare and the right to health are also put into doubt. While many nations were interested in patent pooling, certain nations and industrial firms were opposed to it. Thus far, the least developed nations have had difficulty accessing appropriate medications and immunisations. In this case, India and South Africa proposed to the World Trade Organization to waive certain of the TRIPS Agreement's requirements, and it received backing from more than a hundred other nations as well as many international organisations.

The decision, which has been made after more than 20 months, primarily clarifies the public health emergency protections over a period of about five years. Nonetheless, it may be argued that the WTO's action is too little, too late. As the epidemic was in full swing, the discussions dragged on for much too long, and the TRIPS Council did nothing to protect the nations from the first and second waves of the pandemic. According to Article 8 of the TRIPS, the WTO members "may formulate or revise, implement measures to protect public health." Similar to article 6, article 7 outlines goals for intellectual property protection with an eye to social and economic wellbeing, although both of these articles were not observed in conscience at the time of pandemic.

CONCLUSION:

The rights of intellectual property and how to strike a balance between the requirements of the public and the commercial sector are still hot topics of discussion. It is advantageous for industrialised nations to serve as the main source of intellectual property rights. The WTO waiver reveals a struggle over control of intellectual property rights between rich nations and emerging, least developed nations. During the epidemic, there was no suitable alternative to improve accessibility and cost of medical infrastructure.

Not all of the IP on necessary Covid-19 medical devices is waived, and not all counties are covered. The choice will worsen the upcoming global health emergency. Rather than passing a waiver in the room while the globe is in turmoil, a solution to the accessibility and affordability dilemma must be found. Government actions and national laws may be able to help with the problem.