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« Broad Files Motion in Opposition to CVC Priority Motion | Main | CVC Files Motion in Opposition to Broad Priority Motion »

April 05, 2021


Question STILL awaiting a cognitive answer:

If a global pandemic is NOT the type of emergency for waiver, what in the world would constitute a type of emergency?

Surely if any public crisis could qualify as a reason to invoke the TRIPS compulsory licensing provisions, the COVID-19 pandemic qualifies. I am still, however, hard pressed to understand what the folks agitating for the invocation hope to achieve. The IP around (e.g.) Moderna’s vaccine or BioNTech’s vaccine was never brought into the BR national phase, nor the IN national phase, nor the ZA national phase (etc). None of those countries require IP waivers to make use of these vaccine technologies inside their own borders. What domestic benefit do they expect to obtain from the invocation of the TRIPS provisions?

Perhaps, Greg, export from a region wherein such items are in force?

I support the views of the IP organizations whichsent a letter to members of Congress and officials at the Patent and Copyright Offices to express their support for the United States' continued opposition to the TRIPS waiver proposal being discussed at the World Trade Organization (WTO).

Importation of foreign made vaccines into the USA is currently an act of infringement if US vaccine creators have US IP or in their own countries if their is a foreign national patent in the foreign country.

US creators of vaccines have option to distribute the vaccine (such as for COVID viruses) to any country needing it.

TRIPS Waiver of US IP by foreign countries is simply a greedy excuse for them to sell a copy-cat foreign country vaccine in the US.

Its totally obvious what is fair and moral here.The refusal by US to accept waiver of the US IP is simple to justify and protects the US economy.

For the US to go along with the TRIPS waiver also sets a dangerous precedent for ignoring US IP if this is a precedent situation.

In the past (re AIDS virus drugs) big US Pharma has given away drugs to foreign countries so that is an option that is affordable to such with out negating the importance of US IP.


What type of crises WOULD invoke a proper waiver?


If none, then why is there a waiver provision at all?

“TRIPS Waiver of US IP by foreign countries is simply a greedy excuse for them to sell a copy-cat foreign country vaccine in the US.”

Karl, you misunderstand what is being requested here. The text of the Indian/South Africa proposed waiver text is found at the URL below.

They are asking for permission to waive IP inside their own borders, not inside the US borders. Indeed, it would be futile for them to make a request of the TRIPS authority to waive US IP rights, as both India & South Africa both know that the TRIPS authority has no power to make such a waiver.

If they wanted US IP rights to be waived (a request that they are not making), they would need to petition the US Congress, not the TRIPS authority.


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