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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
Zaman, Khorsed
Zaman, Khorsed
Author
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.
Keywords
COVID-19, intellectual property rights, TRIPS waiver, WTO
Date
2022
Type
Journal article
Journal
European Journal of Risk Regulation
Book
Volume
13
Issue
2
Page Range
295-310
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
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Open Access Status
License
All rights reserved
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Controlled