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A Comprehensive Excursus Over The Case Of Intellectual Property Protection Waiver For Covid Vaccines





Himanshu Singh, University of Lucknow


ABSTRACT


The indispensable advent of proven and efficacious vaccines against Covid-19 - which has claimed over 4.16 million lives so far, emerged as an ebullient source of light holding the greatest promise to resolve the darkness of this pandemic. However, the insurmountable task of inoculating millions around the globe will need pre-eminent measures in the sectors of vaccine production and their equitable distribution. A great encumbrance to such recourse in the present setup of vaccine production-distribution lies in the form of Intellectual Property Rights (IPR) which the developers of already a handful of vaccines, avail themselves of. Apart from this, the post-introductory, nascent stage of vaccines has indicated towards a deepened self-interest of developed countries resulting in accumulation of essential raw elements and in the biased distribution of the same, defeating the statesmanship of solidarity and multilateral cooperation which can assure better accessibility to all. In this regard, the set of proposals moved by India and South Africa to waive certain provisions of the TRIPS agreement around Covid-19 related therapeutics, emits the possibility of an institutionalized response with the greatest potential to upscale the productive-distributive facilities allowing the developing countries to adopt a much comprehensive strategy ensuring sufficient and affordable access to vaccine technologies. This article, while making the case for such a waiver, sets out to ascertain and explain various dimensions including its desiderium, feasibility and implications amidst the ongoing consideration by the TRIPS Council.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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