scholarly journals What’s yours is ours: waiving intellectual property protections for COVID-19 vaccines

2021 ◽  
pp. medethics-2021-107555
Author(s):  
Nancy S Jecker ◽  
Caesar A Atuire
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Director General ◽  
Ip Protection ◽  
Holding Companies ◽  
Ethical Argument ◽  
The World

This paper gives an ethical argument for temporarily waiving intellectual property (IP) protections for COVID-19 vaccines. It examines two proposals under discussion at the World Trade Organization (WTO): the India/South Africa proposal and the WTO Director General proposal. Section I explains the background leading up to the WTO debate. Section II rebuts ethical arguments for retaining current IP protections, which appeal to benefiting society by spurring innovation and protecting rightful ownership. It sets forth positive ethical arguments for a temporary waiver that appeal to standing in solidarity and holding companies accountable. After examining built-in exceptions to existing agreements and finding them inadequate, the paper replies to objections to a temporary waiver and concludes, in section III, that the ethical argument for temporarily waiving IP protection for COVID-19 vaccines is strong.

scholarly journals Not Tripping over TRIPS: An Analysis of Necessity and Legality of the COVID-19 TRIPS Waiver Proposal

2022 ◽  
Vol 10 (5) ◽  
pp. 61-65
Author(s):  
Ahan Gadkari ◽  
◽  
Sofia Dash ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Vaccine Development ◽  
Pharmaceutical Manufacturing ◽  
The World ◽  
Fair Distribution

The availability of vaccinations against COVID-19 provides hope for containing the epidemic, which has already claimed over 2.84 million lives. However, inoculating millions of individuals worldwide would need large vaccine manufacturing followed by fair distribution. A barrier to vaccine development and dissemination is the developers' intellectual property rights. India and South Africa have jointly sought to the World Trade Organization that certain TRIPS rules of COVID-19 vaccines, medicines, and treatments be waived. This piece argues for such a waiver, highlighting the unique circumstances that exist. It believes that TRIPS's flexibilities are inadequate to cope with the present epidemic, particularly for nations without pharmaceutical manufacturing competence.

The Invention and Expansion of Intellectual Property

2017 ◽  
Author(s):  
Murphy Halliburton
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Court Decisions ◽  
Market Control ◽  
Patent Laws ◽  
The World ◽  
Paris Convention ◽  
The U.S

This chapter depicts the emergence of the concept of intellectual property starting with analyses of intangible property in pre-capitalist societies and the development of patents and copyrights in 15th-18th century Europe. Court decisions that expanded the scope of intellectual property in the last few decades in the U.S. are presented followed by a review of the development of patent treaties from the Paris Convention of 1883 to the current World Trade Organization TRIPS legislation which required a rewriting of patent laws in India and around the world. India’s 1970 Patents Act, the reigning law until the TRIPS regime, prohibited product patents on medications, allowing only patents on the process for making a drug in order to prevent monopoly control of medications. In 2005, India had to change its law to comply with the WTO by allowing product patents and exclusive market control of medications.

IV. Intellectual Property

2001 ◽  
Vol 50 (3) ◽  
pp. 714-724
Author(s):  
Joe McMahon ◽  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Global System ◽  
The World

This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

scholarly journals The New Development Bank and Multilateral Trade Facilitation Agreements on BRICS

2020 ◽  
Vol 6 ◽  
pp. 1
Author(s):  
Fiyinfoluwa Giwa ◽  
Keyword(s):  
Economic Growth ◽  
South Africa ◽  
World Trade Organization ◽  
World Trade ◽  
Development Bank ◽  
Trade Facilitation ◽  
Multilateral Trade ◽  
Brics Countries ◽  
New Development ◽  
The World

Brazil, Russia, India, China, and South Africa (BRICS) have made a tremendous economic impact on the world. Through the New Development Bank (NDB) and the Trade Facilitation Agreement (TFA) by the World Trade Organization, they have become stronger. This article made use of different views to discuss the implication of the NDB and TFA on BRICS. No empirical analysis was carried out. From the viewpoints of other scholars, the Trade Ministers of the BRICS and the World Trade Organization, the NDB and TFA can enhance intellectual and economic growth in the BRICS countries.

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