Date(s) - 04/02 - 05/24
In October 2020, the countries of India and South Africa proposed a waiver of certain WTO Trade Related Aspects of Intellectual Property (TRIPS) provisions responsive to the COVID-19 crisis, including provisions relating to inhibiting or blocking the local manufacturing of COVID vaccines until there is widespread worldwide vaccination or immunity. While WTO discussions are still on-going, the issuance of compulsory licenses has been facilitated in some jurisdictions. Some vaccine acquisitions are being conditioned to the manufacturing technology transfer to local entities. While the WTO TRIPS waiver proposal should be understood in the context of complex interests in transfer of technology for manufacturing, and the more central role of domestic IP rules in determining conditions of access, many legislators in the US Congress are beginning to call for US administration support. Panelists from countries such as India and Brazil on the forefront of such discussions provide their perspective, with India supporting the waiver and Brazil the only developing country to oppose the waiver.
• Daniel McGlynn, SolAero Technologies Corp., Albuquerque, New Mexico
• Gustavo de Freitas Morais, Dannemann Siemsen, Sao Paulo, Brazil
• Archana Shanker, Anand and Anand, New Delhi, India
• Prof. Frederick M. Abbott, Florida State University College of Law, Tallahassee, Florida
• Prof. Ton Zuijdwijk, Faculty of Law (Common Law Section), University of Ottawa, Ottawa, Canada
• Peter Maybarduk, Public Citizen, Washington, DC