ABSTRACT

Compulsory Licensing and Access to Future Covid-19 Vaccines   [open pdf - 0B]

From the Abstract: "Since the recent World Health Assembly failed to declare future Covid-19 [coronavirus disease 2019] vaccines a global 'public good', they are confirmed as private (intellectual) property and will be subject to patent rights protection as a pharmaceutical product. This confirmation could, however, trigger concerns about access to vaccines on the grounds of public health. [...] This paper examines compulsory licensing and Paragraph 6 of the Doha Declaration on the TRIPS Agreement [Agreement on Trade-Related Aspects of Intellectual Property Rights] and Public Health as policy alternatives to voluntary licensing for access to affordable future Covid-19 vaccines. With regard to manufacturing capacity, the EU and its member states may not be eligible to import since they opted out of the Paragraph 6 system outright (although they may still export under the same system). Fortunately, this does not appear to be a major problem since statistics show that most EU 27 imports of all pharmaceuticals are from Europe itself, with China a distant second supplier. For China, however, its pharmaceutical-related patent protection measures under the US-China Economic and Trade Agreement on admissibility of supplemental test data and effective patent-term extension are conducive to a predicable multiple patent examination process for streamlined searches and consistent examination results."

Report Number:
CEPS Research Report No. 2020/02; Centre for European Policy Studies Research Report No. 2020/02;
Author:
Publisher:
Date:
2020-07
Series:
Copyright:
2020 CEPS
Retrieved From:
Centre for European Policy Studies: https://www.ceps.eu/
Media Type:
application/pdf
URL:
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