WTO: Proposal on COVID and IP by South Africa and India

During the October 2020 TRIPS Council meeting, 40 TRIPS Council members discussed a proposal submitted by India and South Africa for a temporary waiver of a broad range of TRIPS obligations. The sponsors argued that this could facilitate the global response to COVID-19. The proposal endorses a waiver for all WTO members of the implementation, application, and enforcement of certain provisions of the TRIPS Agreement – including all the patent protection and enforcement provisions – in order to enhance access to new therapeutics, vaccines, and diagnostics. This proposal warrants careful examination. IP rights will be an important tool underpinning the collaborations required to develop and get the relevant technologies to patients everywhere, and quickly. They can be expected to play a constructive and important role, thus accelerating the global COVID response.