Trips Agreement Waiver- Impact On Drug Development And Human Rights Analysis
- IJLLR Journal
- May 12
- 2 min read
Kirti Anand, Academician, LLM (Intellectual Property and Trade Law), Christ (Deemed to be University), Delhi NCR
ABSTRACT
The TRIPS waiver, initially focused on COVID-19 vaccines, should indeed extend to medical treatments to enhance global health equity and access to essential medicines. This extension is crucial for addressing the broader public health needs, particularly in developing countries. India already suffered a pandemic which caused a lot of disruption to the population of the country hence to not suffer further, provisions as to extend its applicability to life-saving generic medicines to address global health challenges like cancer, diabetes, and cardiovascular diseases. While this proposal aims to provide broader access to critical medicines, it faces significant challenges. One major concern is the lack of local manufacturing infrastructure in many low- and middle-income countries, which hinders the ability to produce vaccines and treatments, even with relaxed IP restrictions. The 2022 WTO decision partially addressed this by offering a limited waiver for vaccines, but it did not extend to diagnostics or treatments, exposing a critical gap in global health access.
Furthermore, the temporary nature of the waiver raises concerns about long- term sustainability. Without a permanent framework for addressing health inequities, access to affordable medicines may remain constrained, especially post-pandemic. Global IP laws continue to limit the widespread availability of essential medicines, reinforcing disparities, especially in poorer regions. To resolve these issues, a more expansive and permanent waiver is needed, including effective technology transfer to empower developing nations to produce and distribute medicines independently. In conclusion, a more comprehensive TRIPS waiver could balance intellectual property rights with the urgent need for equitable access to essential medicines, which should be regarded as a fundamental human right. More research is required to assess how this broader approach could meet global health needs while promoting sustainable, long-term solutions.
Keywords: Pharmaceuticals, innovation, affordability, life-saving medicines
