Reaching consensus on Covid-19 vax patent waiver may take time: Experts

As India revises its proposal calling for a temporary patent waiver on Covid-19 vaccines to expedite the discussion at the World Trade Organization (WTO), the path to reaching a consensus could be a long-drawn-out affair, experts said.
 
Experts said that even after consensus is reached among the member countries on waiving sections of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and the proposal becomes law, implementation will be the key to addressing the shortage vaccines in many countries.
 
RV Anuradha, partner at Clarus Law Associates, said diplomatic negotiations are moving at a slow pace, not keeping the realities of the situation in mind. Besides, the nature and content of the waiver are yet to be known.

 

“In any event, the waiver itself will only be a first step relating to principles of intellectual property. Thereafter begins the nitty-gritty of implementing — how will technology be transferred, who will manufacture, how to ensure supply chains for raw materials and distribution of vaccine after manufacturing. Keeping in mind that the main aim is mass production and distribution of vaccines in the fastest time possible, the implementation, after the consensus on the waiver, is also crucial,” she said.
 
Last October, India and South Africa submitted a joint proposal asking for the waiver of some sections of the TRIPS agreement, including copyrights and patents, to help more countries, especially middle- and low-income nations, access vaccines. Developed nations opposed the proposal, though it received the support of three-fourths of member nations.

 
The recent support shown by the US for a waiver of patent protections on vaccines has been lauded as a great starting point for negotiations, but it continues to face stiff resistance from pharmaceutical lobbies.
 
“Our expectations of better access to technology, vaccines will not happen quickly. There will have to be negotiations at the WTO, which have often taken a lot of time (several years) in the past. Then there are countries that are completely against granting any waiver, which will make it difficult to be resolved at WTO anytime soon. I think there is premature celebration on what this waiver actually means,” said Biswajit Dhar, professor at Jawaharlal Nehru University.

 
Even if there is support from the US, the details of the negotiations are yet to be revealed, which is crucial, Dhar added.
 
Prime Minister Narendra Modi has personally sought the support of leaders of Australia and the European Union for India’s proposal at the WTO. However, there hasn’t been a firm commitment on this from those nations.
 
Last week, WTO Director-General Ngozi Okonjo-Iweala spoke in support of the waiver, expressing hope that countries will start discussions quickly and reach an outcome by the end of the year. “We can’t afford to take months and years to negotiate something. We are talking about lives being lost,” she said.