The TRIPS waiver decision at the World Trade Organization: Too little too late!

Ranjan, Prabhash and Gour, Praharsh (2022) The TRIPS waiver decision at the World Trade Organization: Too little too late! Asian Journal of International Law, 13 (1). pp. 10-21. ISSN 2044-2521

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Abstract

The recently adopted Trade-Related Aspects of Intellectual Property Rights (TRIPS) waiver decision at the World Trade Organization is a grossly inadequate and insincere response to the COVID-19 pandemic. This paper criticizes the TRIPS waiver for being faulty on several fronts such as: excluding COVID-19 diagnostics and therapeutics from its fold and focusing only on COVID-19 vaccines; restricting its coverage to only patents and leaving out other intellectual property rights; excluding developed countries that possess manufacturing and technological capability from being eligible exporters of COVID-19 vaccines; and its perplexing silence on the transfer of technology. It will have negligible impact on fighting the pandemic, sets an enfeebled example for the future, and is a classic case of “too little too late”.

Item Type: Article
Keywords: TRIPS | WTO | Covid | Public Health | Waiver
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 31 Oct 2022 02:59
Last Modified: 31 Mar 2023 03:46
Official URL: https://doi.org/10.1017/S2044251322000571
URI: https://pure.jgu.edu.in/id/eprint/4736

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