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Journal of International Trade Law and Policy: Vaccine nationalism and equitable access to COVID-19 pharmaceuticals: TRIPS Agreement under trial (again)
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Abstract
Purpose – The purpose of this study is to contribute towards the debate about global access to COVID-19
vaccines, therapeutics and diagnostics.
Design/methodology/approach – The global scramble for COVID-19 vaccine and other related
pharmaceutical products have once again exposed the limitations of the Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS). High-income countries are claiming a lion’s share of the first available
batches of the COVID-19 vaccine in total disregard of the consequences such approach would have on the
low-income countries that lack both the manufacturing wherewithal and the financial resources to purchase
the vaccine and other products needed to combat the pandemic. This paper reviews the existing TRIPS
Flexibilities and analyses their limitations with respect to equitable access of pharmaceutical products in
times of health emergencies. This paper then considers the unique challenges that have been brought to the
fore by the COVID-19 pandemic. Finally, this paper analytically explores some options that have been
proposed so far that the World Trade Organization (WTO) or governments can take in the immediate to near
term to facilitate equitable access to COVID-19 pharmaceutical products and technologies. This research is
non-empirical, desk-based research. It is, therefore, based on the literature review of existing body of work
that is relevant to the topic under discussion. Mindful of the epistemological challenges that are always
associated with desk-based research, part of the methodology of this work is to seek support from related
empirical studies based on different philosophical underpinnings but that confirm the working hypothesis of
this research.
Findings – This paper finds that there is still a need for a comprehensive reform of TRIPS Agreement to
streamline the voluntary licencing system which is an important tool for low-income countries’ access to
affordable pharmaceuticals. However, for purposes of dealing with COVID-19, WTO members should
consider establishing pooled Licencing Facilities and procurement strategies via already existing political,
economic or regional trade groupings.
Originality/value – This research is original. All sources have been acknowledged. This research
synthesises different research papers and applies different viewpoints to the debate on the impact of the
TRIPS Agreement on equitable access to COVID-19 vaccines, therapeutics and diagnostics.
Boniface Chimpango - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Boniface Chimpango. (2021).Journal of International Trade Law and Policy:
Vaccine nationalism and equitable
access to COVID-19
pharmaceuticals: TRIPS
Agreement under trial (again).(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd