Waiving IP Rights During Times of COVID: A ‘False Good Idea’

For Hans Sauers, it is clear that the COVID pandemic is being used as a cover narrative to argue for a quantum leap in the debate over IP and public health. In other words, taking away or denying patent rights is, according to some, no longer enough. Affirmative expropriation and the forced transfer of industrial property is taking its place on the NGO agenda – at least with respect to vaccine originator companies from North America and Western Europe. It is unclear why, but no nongovernmental group is demanding similar access to Russian, Chinese, or Indian COVID vaccine technology, even though there is no convincing reason to be dismissive of these products. Expectations that manufacturers around the world could, due to reduced IP protections, “freely” and independently make versions of existing COVID-19 vaccines within months are simply unrealistic. Indeed, there is no such thing as a “generic vaccine,” as some IP waiver proponents expect. Any resulting products would inevitably differ in quality, safety, and efficacy, and would not be approvable without running new rounds of expensive and time-consuming clinical trials. This inefficiency would be exacerbated by the diversion of scarce raw materials away from up-and-running manufacturers to inexperienced, first-time producers, who would produce at lower efficiency (at least initially) and, indeed, often in regions that lack biologics-manufacturing infrastructure. Such supply diversions, and the resulting inefficiencies, would only make it harder to maintain current global vaccine production, and worldwide COVID vaccine output would decline, not grow.