What is the Patent Waiver?

In light of the Covid-19 crisis, the importance of vaccines and vaccine development has become harshly evident. However, while technological innovation is spurred on by patents, public health requires that vaccines for a pandemic be available as easily and as cheaply as possible. Recognizing this, India and South Africa, along with other nations in the global south, have proposed a patent waiver specifically for covid-related medical advancements.

This patent waiver is a proposal to waive certain provisions of the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement for three years. The TRIPS Agreement requires all member countries to have a minimum threshold of intellectual property protections.The waiver proposes fewer mandatory protections for covid-related technologies. 

While this proposal is often referred to as a “patent waiver,” the proposal would also waive sections associated with copyright, industrial designs, and undisclosed information. This is because disclosing patents alone will not, strictly speaking, provide for maximum efficiency of vaccine productions.