Explain India’s position on the waiver of intellectual property rights on COVID-19 vaccines in WTO. (UPSC CSE Mains 2021 - Political Science and International Relations, Paper 2)
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- The 1995 agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)requires ratifying countries to adopt a minimum standard of intellectual property rights to protect creators and promote innovation.
- India and South Africa have proposed a waiver from the implementationand application of certain provisions of the TRIPS Agreement (waiving IP rights like patents, copyright, and trademarks) for prevention, containment or treatment of Covid-19.
- If the waiver is granted, WTO member countries will not be under an obligation, for a temporary period, to either grant or enforce patents and other IP-related rights to Covid-19 drugs, vaccines, and other treatments.
- This will immunise the measures adopted by countries to vaccinate their populations from claims of illegality under WTO law.
- Need to Waive Patents on Covid Vaccines:
- Monopoly of Drug Companies:At present, only drug companies which own patents are authorised to manufacture Covid vaccines.
- A lifting of patents will allow the formula to be shared with other companies.
- Vaccine Cost:Once the formula is shared, any company which possesses the required technology and infrastructure can produce vaccines.
- This will lead to cheaper and more generic versionsof Covid vaccines and will be a big step in overcoming vaccine shortage.
- Inequitable Distribution of Vaccines:This has opened up a glaring gap between developing and wealthier countries now.
- The countries having surplus doses of vaccines have already vaccinated a considerable percentage of their population and are returning to normalcy.
- Whereas, the poorer nations continue to face shortages, have overburdened healthcare systems and hundreds dying daily.
- Against the Interests of the World:The longer Covid circulates in developing nations, there is a greater chance of more vaccine-resistant, deadly mutations of the virus emerging.
- Significance for India:
- Help in Increasing Production:The bulk of the vaccine doses produced in India are taken up by foreign countries which could pay more for the doses.
- This move can help scale up production to meet demandbesides making the vaccines more affordable for everyone.
- Preparation for the Third Wave:Indian authorities have stated that the third wave of the pandemic is inevitable.
- Once the number of cases and deaths plateau, addressing shortages and making more affordable vaccines readily accessible could be the best way to prepare for the surge once again.
- Counter Arguments:
- Vaccine Quality and Safety may get Compromised:Lifting of patents would be a compromise on control of safety and quality standards for vaccine manufacturing.
- Disincentive Pharmaceutical Companies:Lifting of patents would be a huge deterrent to investing heavily on vaccine development during pandemics in the future.
- Can Lead to Confusion:Eliminating those protections would undermine the global response to the pandemic, including ongoing effort to tackle new variants.
- It will create confusion that could potentially undermine public confidence in vaccine safety, and create a barrier to information sharing.
- Waiving IP protections alone isn''t enough to make vaccines available around the world. The countries must work with each other to expand manufacturing capabilities and support international vaccines.
- It’s important for both Indian manufacturers and the government to address concerns of patent holders to make sure that India’s vaccination drive is not compromised in any way.
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