COVID-19
Waiving IP Rights: The Wrong Path to the Right Goals
Daniel J. Staudt, current President of the Intellectual Property Owners Association (IPO), explains in this article that waiving intellectual property (IP) protections for COVID-19 vaccines will hinder—rather than further—three meritorious objectives of the current U.S. Presidential Administration: ending the pandemic as soon as possible, levelling the IP playing field with China, and pursuing a worker-centric trade policy. In addition, a full and frank discussion of the real challenges at hand must take place, in order to support the continued efforts of vaccine manufacturers to identify—and engage with—new potential partners with whom they can create more manufacturing capacity. Only through such discussions can the challenges of globally distributing high-quality vaccines be truly addressed.
Trade restrictions are delaying the COVID response. The WTO must act
Together with Thaddeus Burns, Innovation Council member Merck LF, Jennifer Brant has co-authored a paper on the delay in the COVID response caused by trade restrictions and explains why the WTO must act. The human costs of the pandemic, already dire, continue to mount. Vaccines against COVID have been developed at an unprecedented pace through a series of unprecedented partnerships. But this is not the end of the story; there is still an urgent need to expand vaccine protection worldwide, including through the expansion of biologic drug production capacity.
ICC-WIPO Virtual Seminar: Harnessing Public Research for Innovation in the Time of Covid-19 and Beyond
On 20 July, ICC is co-organizing a seminar on “Harnessing Public Research for Innovation in the Time of Covid-19 and Beyond – The Role of Knowledge Transfer Policies” together with the World Intellectual Property Organization (WIPO), AUTM, and the Licensing Executives Society International (LESI). This virtual session will take place from 12:30-15:25 CET (Geneva time) and will be held in English with simultaneous interpretation provided in Arabic, Chinese, French, Russian and Spanish.
Please register here with the following secure code: 33WSMBV521.
Panelists Discuss Why Patent Waiver Would Not Accelerate Global Vaccine Distribution
At a panel held in June by The Chartered Institute of Patent Attorneys (CIPA), two vaccine scientists, Professor Robin Shattock (Imperial College, London) and Dr. Anne Moore (University College Cork) discussed their thoughts on why a patent waiver related to COVID-19 vaccines would not speed up vaccine distribution in lower income countries.
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HS codes relevant to inputs for COVID-19 vaccines, therapeutics and diagnostics
Bio-pharmaceutical R&D and manufacturing inputs include: chemical or biological reagents; equipment used in laboratories; microscope parts; equipment for manufacturing such as single-use bioreactors; and the full range of raw materials used for R&D and production of vaccines and other bio-pharmaceuticals, such as guanidine thiocyanate. Researchers use these tools to make scientific breakthroughs, and bio-pharmaceutical companies rely on them to discover, develop, validate, and manufacture lifesaving vaccines, drugs, and therapies – including those necessary to address COVID-19 and future global health crises.
Some countries impose tariffs on bio-pharmaceutical inputs, in some cases as high as 25%. This raises costs and makes it more difficult for fledgling producers to compete. Eliminating tariffs on bio-pharmaceutical inputs could help to resolve some of the current global distribution challenges for COVID-related products, thereby helping to make the global COVID-19 response more equitable, affordable, and sustainable.
Unilateral elimination of COVID-19 related tariffs would provide substantial benefits in terms of the short-term dissemination of pharmaceutical inputs and vaccines. Ultimately, however, tariff elimination should be made permanent and should cover a broader range of products. This would create legal certainty and predictability for actors along global value chains.
An appropriate vehicle for tariff elimination on inputs could be the WTO plurilateral agreement known as Zero for Zero, for which product coverage should be expanded to include the full range of COVID-19 bio-pharmaceutical inputs. In this respect, Innovation Council has developed a list of HS codes showing tariffs related to the inputs used for developing and producing COVID-19 vaccines, therapeutics and diagnostics. The list was developed in partnership with private sector actors in these value chains. A list of COVID-19 MFN product examples is available here.
The Big Secret Behind the Proposed TRIPS Waiver
James Pooley, former Deputy Director General of the World Intellectual Property Organization (WIPO), describes in this article how TRIPS only creates obligations for governments to pass laws supporting intellectual property rights of certain kinds: patents, copyrights, designs, trademarks, and trade secrets. Importantly, it doesn’t affect the private ownership of those rights. This is an important distinction, especially for trade secrets (or “undisclosed information” as they are called in TRIPS), because, unlike the other “registered” rights, they don’t depend for their existence on government certification. Rather, trade secrets only require a legal system that enforces confidentiality. Furthermore, although patents usually steal the limelight in conversations about “technology transfer,” the truth is that they are only a part of most technology transfer stories. After all, in order to actually build the factory and produce the goods, you need to know more than what’s in the patents.
‘Landmark initiative’: Ramaphosa, Macron announce new SA-based Covid-19 vaccine hub
President Emmanuel Macron said on Friday that France would invest in boosting the production of COVID-19 vaccines in Africa, in order to help close the gap in vaccine availability between African and Western nations. South African Innovation Council member Biovac, which has a partnership with France, has partnered with African Biologics and Vaccines (a network of universities) and the Africa Centres for Disease Control and Prevention to establish Africa’s first Covid messenger RNA vaccine technology transfer hub.
Ten Ways IP Has Enabled Innovations That Have Helped Sustain the World Through the Pandemic
Jaci McDole and Stephen Ezell explain how intellectual property has played an indispensable role in facilitating the development of a range of inventive products, including some that have helped address the healthcare, work, and social challenges brought on by the pandemic. IP is just as important for start-ups as it is for established R&D-intensive industries, because it generates capital and revenue, enabling companies large and small to invest in researching, developing, manufacturing, and marketing their products. Voluntary licensing agreements enabled by IP have allowed the manufacturing of COVID-19 vaccines and therapeutics to be scaled up globally.
How much COVID-19 vaccine will be produced this year?
Simon J. Evenett and Matt Linley have prepared fresh forecasts for COVID-19 vaccine production through the end of the year.
Currently there is a shortage of COVID-19 vaccines. The 1.73 billion doses of vaccine produced to date pale in comparison to the 10.82 billion doses needed to inoculate 75% of the world’s population aged 5 or over. The shortage is particularly acute in many developing countries that have been unable to secure vaccine supplies, raising legitimate concerns about the equitable access. The development of new variants among the uninoculated—which then spread across borders—is a reminder that a global perspective on vaccine production and distribution is required. According to the authors, by the end of 2021, total COVID-19 vaccine production is forecast to exceed levels needed to reach global herd immunity.