Patent Waiver during Covid-19

A patent waiver is the release of rights arising from an invention. The much-debated WTO proposal seeking a temporary waiver of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement relating to copyright, patent, trade secrets, undisclosed information protection, and industrial designs in Covid-19 technologies has yet to be resolved.
The patent waiver envisioned in the proposal was achieved earlier for the polio vaccine during the polio epidemic in 1955. When asked who owns the vaccine, Jonas Salk, the polio vaccine developer, said, "Well, the people I would say.

There is no patent. Could you patent the sun?" . Following that, Israel produced the vaccine locally without a patent and was able to eradicate polio. As a result, given the inadequacy of the compulsory licencing regime in this pandemic, a temporary patent waiver on Covid-19 vaccines appears to be a viable means of ensuring equitable access. Though the waiver would mean that the vaccine developers do not get compensated, such an action can be justified as a way to get out of the pandemic.

Conclusion

The crisis is far from over, as we must now ensure timely and affordable access to vaccines, requiring us to strike a balance between public health and private intellectual property rights. Furthermore, while there is a moral obligation to make Covid-19 vaccines and drugs available, any action in this regard should take into account the long-term effects on healthcare innovation.