. The waiver of IP rights was meant to help companies in developing countries reproduce patented COVID-19 vaccines without having to partner with or face a lawsuit from the patent owner. Now the WTO is considering an extension of the IP waiver to include COVID-19 therapeutics and diagnostics, as well. To help preserve the global IP framework that drives innovation in the pharmaceutical sector and beyond, Canada should object — based on the evidence.
To be sure, there have been real impediments to global vaccine distribution. Export restrictions by manufacturing countries did not help, nor did the strain global health infrastructure was already under when COVID-19 hit. Much needs to be done to make sure that next time we do a better job getting vaccines to those who need them wherever they live.
To hardwire equity into future global pandemic response, one solution would be for the innovative pharmaceutical industry to put aside a specified quantity of its production of vaccines or treatments exclusively for developing countries. Rich-country governments could pitch in to ensure borders remain open and funding and supply chains are in place in advance.
The vaccine waiver was to a large extent symbolic but the waiver on IP protection for treatments would have a number of potentially dangerous consequences. To begin with, it will not address the challenges that arose with the supply chain. Furthermore, no major supply shortage for treatments has materialized, nor is one expected.