The waiver of certain intellectual property rights provisions of the trips for the prevention, containment and treatment of COVID-19 : A review of the proposal under WTO jurisprudence

Journal article


Zaman, Khorsed. (2022). The waiver of certain intellectual property rights provisions of the trips for the prevention, containment and treatment of COVID-19 : A review of the proposal under WTO jurisprudence. European Journal of Risk Regulation. 13(2), pp. 295-310. https://doi.org/10.1017/err.2021.60
AuthorsZaman, Khorsed
Abstract

This article is a critical legal analysis of the proposed TRIPS waiver under World Trade Organization (WTO) law. It reviews the existing TRIPS flexibilities and the “August 2003 TRIPS waiver”, highlighting the obstacles to achieving the goals of these legal instruments. It demonstrates that numerous critical TRIPS flexibilities, notably TRIPS Article 31bis, are ineffective, prompting some countries to submit a new waiver proposal to the WTO. It highlights several WTO rules that are also quite ambiguous. This paper argues that a WTO clarification might be an alternative to the new TRIPS waiver proposal if it is ultimately rejected due to a lack of consensus among WTO members. Finally, this article emphasises the importance of adopting a balanced approach that may simplify complicated TRIPS rules, decrease the risk of trade-based retaliation and improve collaboration in knowledge transfer and scaling up the manufacture of and access to lifesaving vaccines, pharmaceuticals and healthcare equipment.

KeywordsCOVID-19; intellectual property rights; TRIPS waiver; WTO
Year2022
JournalEuropean Journal of Risk Regulation
Journal citation13 (2), pp. 295-310
PublisherCambridge University Press
ISSN2190-8249
Digital Object Identifier (DOI)https://doi.org/10.1017/err.2021.60
Scopus EID2-s2.0-85123925463
Page range295-310
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online05 Jan 2022
Publication process dates
Deposited20 Jun 2023
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