Thambisetty, McMahon, McDonagh, Kang and Dutfield, ‘Addressing Vaccine Inequity during the Covid-19 Pandemic: The TRIPS Intellectual Property Waiver proposal and beyond’

ABSTRACT
This article examines global vaccine inequity during the COVID-19 pandemic. We critique intellectual property (IP) law under the 1995 WTO TRIPS Agreement, and specifically, the role that IP has played in enabling the inequities of production, distribution and pricing in the COVID-19 vaccine context. Given the failure of international response mechanisms, including COVAX and C-TAP, to address vaccine inequity, we argue the TRIPS waiver proposal should be viewed as offering a necessary and proportionate legal measure for clearing IP barriers that cannot be achieved by existing TRIPS flexibilities. Finally, we reflect on the waiver debate in the wider context of TRIPS and the need to boost global pandemic preparedness.

Siva Thambisetty, Aisling McMahon, Luke McDonagh, Hyo Yoon Kang and Graham Dutfield, Addressing Vaccine Inequity during the Covid-19 Pandemic: The TRIPS Intellectual Property waiver proposal and beyond, Cambridge Law Journal, https://doi.org/10.1017/S0008197322000241. Published online by Cambridge University Press 16 June.

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