TRIPS WAIVER

 Intellectual property has been defined as the creations of human mind which could be incorporated as creative or inventive work like inventions, artistic works,books designs  etc.  The idea of intellectual property rights originated from the realisation that  let individuals reap the exclusive fruit of human intellect  emanating from their knowledge, creativity, expertise, skills, scientific and traditional resources,research and work experience. Original creations of human mind which have economic value  needs to be protected. Trade related intellectual property rights agreement under WTO,  give creators an exclusive right over the use of their creations for a  specified period of time.  These rights are administered and controlled by national legislation within a framework of international law established through negotiations within World Trade Organisation (WTO).WTO in addition to  Trade in intellectual property rights also deals with General Agreement on  Trade in Goods and General Agreement on Trade in Services.  There are  mainly 7 types of intellectual property rights- Copyright and related rights, Trade Marks, Geographical Indications, Industrial designs, Patents, lay out design of integrated circuits and undisclosed information or Trade secret.

After the establishment of world trade organisation in 1995 lot of developments have taken place in both national intellectual property legislation and multilateral trade negotiations. One such development was the 2001WTO Doha Declaration,which clarified that in a public health emergency like HIV AIDS Government could compel companies to license their patents to manufacturers even if they did not find that the offered price is acceptable. This permission is commonly referred as"Compulsory licensing "which was already built to the TRIPS Agreement and can be issued at any time of national emergency or of circumstances of extreme urgency.This measures and active involvement of countries like South Africa and India resulted in bringing down the prices HIV AIDS drugs.

In the context of distressing Covid19 conditions engulfing the entire world in October 2020 India and South Africa had submitted a proposal to the WTO suggesting a waiver of certain provisions of the TRIPS Agreement for the prevention, containment and treatment of Covid19.The proposal seeks the waiver of "the implementation, application and enforcement of section 1,4,5and 7 of Part ll of the TRIPS Agreement " which are stipulations refering to copy right, Industrial designs, Patents and trade secrets. The proponents of the proposal claim that a waiver will enable timely and equitable access to affordable health products and technologies including vaccines . Though the TRIPS council members agreed to text based negotiations, certain developed countries including Austria, Canada, European  Union Japan UK and USA which represent the interest of global pharmaceutical companies put various stumbling blocks in the  negotiations. However on 5th May 2021 US president Joe Biden announced US support for waiving intellectual property protections for Covid19 vaccines. On 15th May 2021 Co sponsors of waiver proposal submitted revised proposal that specified scope of the waiver to "health products and technologies ".More than 100 countries including USA and China supported the proposal. The main opponent of the waiver the European Union in 2021 submitted an alternative proposal to the TRIPS council, which requested to keep TRIPS provisions intact and focused on 'compulsory licensing 'and removing vaccines export restrictions to address the concerns raised by  India and South Africa. 

 After nearly one and half years since the proposal for TRIPS waiver was made European union changed its stance.As a result the recent deal between USA,  European union,South Africa and India applies only to vaccines. A temporary waiver on Covid19 vaccines will help to to liquidate available vaccine stocks for the larger common good given the fact that there are huge vaccination stocks in countries where requirement have been already met.As per WHO  71,4 % of the citizens in High income countries have been vaccinated as against only at least one vaccine for 14.75 percent in low income countries. It has been observed that with global production of 1.5 billion doses a month there is enough supply to achieve the target of  70% immunization in every country by mid 2022.The deal allows for patent waiver and compulsory licensing of vaccines without much strings attached and allowed permission to export vaccines by eligible members. The deal has created space for India to streamline vaccine supplies to Iow income countries at reasonable costs. It may help to some extent countries like South Africa to become production hubs as the exchange of know how and collaboration pick up. In fact the waiver was not only too much delayed but also scope very much limited. As usual in WTO negotiations the vested interests of intellectual property holders and developed countries prevail over developing and low income countries adversely affecting public health and global welfare.