ADDRESSING VACCINE INEQUITY DURING THE COVID-19 PANDEMIC: THE TRIPS INTELLECTUAL PROPERTY WAIVER PROPOSAL AND BEYOND

This article examines global vaccine inequity during the COVID-19 pandemic. We critique intellectual property (IP) law under the 1994 WTO TRIPS Agreement, and specifically, the role that IP has played in enabling the inequities of production, distribution and pricing in the COVID-19 vaccine context. Given the failure of international response mechanisms, including COVAX and C-TAP, to address vaccine inequity, we argue the TRIPS waiver proposal should be viewed as offering a necessary and proportionate legal measure for clearing IP barriers that cannot be achieved by existing TRIPS flexibilities. Finally, we reflect on the waiver debate in the wider context of TRIPS and the need to boost global pandemic preparedness.

Automated summary

This article examines the issue of global vaccine inequity during the COVID-19 pandemic, focusing on the role of intellectual property (IP) law in enabling the inequities in vaccine production, distribution, and pricing. The authors argue that the TRIPS waiver proposal should be seen as a necessary and proportionate legal measure to address IP barriers that cannot be resolved by existing TRIPS flexibilities. They also reflect on the wider context of TRIPS and the importance of enhancing global pandemic preparedness.