A Patent Waiver On Vaccine For Covid-19: India, South Africa, And WTO’s Stance

Kiruthika S, Institute of Law, Nirma University

ABSTRACT

The time of COVID-19 global pandemic witnessed a multiplicity of changes and disruptions in the world economies. Since the situation required nations to adopt atypical policies and procedures to cope with the impact that the pandemic was causing, a system of patent waiver in the matter of the need of the hour- the vaccine against COVID-19 - was suggested by two countries, India and South Africa to the World Trade Organisation.

Patent waivers were often sought to ensure the accessibility of a product through a faster and wider scale of production. The popular opinion suggests it may not however be the most ideal means to achieve the ends as it acts counterproductive to the goal it seeks to achieve by dampening the scope for invention as there remains no incentive for the pharmaceutical draining its resources into research about and production of the vaccine.

The waiver, though subject to multiple conditions that would be imposed to prevent the system from completely collapsing, would need to be acceptable and also backed by air-tight justification as it takes the rights of the patent holder away. The initial opinion was that until there exists a reasoning strong enough to counter the justification of the patent system, patent waiver ideally, cannot be granted.

The progression of the proposal by India and South Africa to gain a patent waiver on vaccines during the global pandemic, as presented to the WTO was extensively examined from this perspective of balancing the justifications. This paper discusses the existing opinions in three parts and also looks at the future of the waiver in a post-pandemic paradigm and the sufficiency of such a system.