Médecins Sans Frontières (MSF) recently backed a pivotal proposal from India and South Africa—now supported by over 100 nations—to temporarily suspend intellectual property rights on COVID-19 vaccines, treatments, and diagnostics during the pandemic. Yet, key players like the European Union and United States stand opposed.
In October 2020, at the WTO's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council, India and South Africa proposed an exceptional waiver of intellectual property rights on COVID-19 drugs, vaccines, diagnostics, and related technologies until global herd immunity is reached.
As noted in an MSF press release on November 19, 2020: "Removing trade barriers would allow each country not to apply - or grant - patents and intellectual property measures applying to drugs, vaccines, tools diagnostics and other technologies against Covid-19 until global herd immunity is achieved."
Nearly 100 developing countries now endorse this request. However, developed nations including the United States, Australia, the United Kingdom, Brazil, Canada, Japan, and the European Union have not voiced support.
"Even a global pandemic cannot prevent pharmaceutical companies from continuing their business as usual approach. Countries must therefore use all the tools at their disposal to ensure that medical products against Covid-19 are accessible and affordable to all who need them." — Sidney Wong, Co-Director of MSF's Access to Medicines Campaign.
MSF positions COVID-19 medical tools and technologies as global public goods that should transcend patent barriers. Wong urged governments to champion this initiative, prioritizing human lives over profits amid the crisis. Notably, pharmaceutical firms have rigorously enforced IP rights since the pandemic began, often through opaque trade deals that sidelined many developing countries.
The proposal is slated for review by the WTO General Council in December 2020. As Reuters reports, approval requires consensus among the organization's 164 members, absent exceptional voting procedures.
