Access to Medicines and Knowledge, and the “Trade-Related Intellectual Property Rules (TRIPS)” Agreement of the WTO

Monopoly restrictions under the TRIPS agreement include patents on medicines (diagnostics, treatments, and vaccines) as well as copyright restrictions (such as on books, music, etc.) There is no economic evidence for the specific terms of the intellectual property restrictions in the WTO, which are the only WTO rules which actually restrict trade, reduce consumer choice, and increase prices thousands of times more than the marginal cost of production (and are therefore the opposite of “free” trade.)

At the time of the founding of the WTO, developed countries pressured developing countries into agreeing to such monopolies on the guise that they would promote development and innovation. However, IP-related incomes for the OECD members swelled from less than USD 50 billion at the time of the founding of the WTO, to more than USD 350 billion in 2017, while developing country incomes from IP have remained flat at close to zero.

In the context of the Covid pandemic, it is outrageous that the saving of human life through widespread distribution of vaccines and treatments, many of which were created with public investment, is being restricted in favor of monopoly profits of giant pharmaceutical corporations.

In October 2020, in the middle of the Covid pandemic, several developing countries proposed that certain provisions of the TRIPS Agreement (patents, trade secrets, copyright and industrial designs) in relation to the containment, prevention and treatment of COVID-19 should be waived for the duration. This proposal is now co-sponsored by the Africa Group and the Least Developed Country Group, most of the other developing countries and the international health community. Unfortunately, states representing “Big Pharma” interests have remained steadfastly opposed.

For extensive coverage of all proposals and statements regarding the waiver, please see the website of the Third World Network, an OWINFS member which is co-leading the campaign to support this waiver in the WTO https://twn.my/title2/intellectual_property/trips_waiver_proposal.htm .

In addition, Least Developed Countries (LDCs) are not required to implement TRIPS rules. They currently have the right to a transition period on TRIPS, which is set to expire in June 2021. The LDCs have made a duly motivated request to extend the transition period, which should be granted for as long as they are LDCs as well as some years beyond.

TRIPS Waiver Related to Covid-19

The original joint submission from India and South Africa in the WTO.

Statements/Letters by international organizations, civil society, academics etc.

Opinion pieces

News Reports from the Third World Network

Old updates

For old updates, see here.