The World Trade Organization (WTO) waiver of IP for COVID-19 vaccines was never about vaccine distribution—it was a political calculation, according to Hans Sauer, Deputy General Counsel for IP at BIO.
U.S. officials saw it as “a very cheap way of demonstrating goodwill,” Sauer explains on the Vital Transformation podcast. The U.S. wanted to avoid giving away any of its abundant vaccine supply, so they decided giving away IP was a better alternative.
The movement to waive IP protections was already in place long before COVID-19. Various “IP critical groups” with their own agendas have sought waivers during past crises and outbreaks, continues Sauer.
The expanded waiver being discussed now,which would remove IP protections for COVID-19 diagnostics and therapeutics, is potentially very broad, he warns. While the vaccines are COVID-specific, many drugs used to treat COVID-19 were developed for other conditions and might lose their patents under an expanded waiver.
“This proposition will keep percolating,” warns Sauer. The U.S. must insist on strong protections for IP, which has been our tradition, as other interests will continue to seek access to patents and trade secrets through the WTO, UN, and WHO.
Listen to the whole thing.
More Reading: Ignoring industry efforts and market risks, WTO considers another IP waiver
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