Not long ago, Médecins Sans Frontières (MSF) called for support for a request made in October 2020 by India and South Africa. These two countries, supported by a hundred others, wish to exceptionally waive intellectual property rights during the Covid-19 pandemic. On the other hand, the European Union, the United States and other countries are not in favor of it.
In October 2020 during the last Trade-Related Aspects of Intellectual Property Rights (TRIPS) Council, India and South Africa together made an exceptional request. The goal? Everyone disclaims intellectual property rights during the Covid-19 pandemic.
"Removing trade barriers would allow each country not to apply - or grant - patents and intellectual property measures applying to drugs, vaccines, tools diagnostics and other technologies against Covid-19 until global herd immunity is achieved" can we read in a press release published by Médecins Sans Frontières on November 19, 2020.
Today, around 100 developing countries officially support the waiver request. Nevertheless, many developed countries did not express their support . Among them we find the United States, Australia, the United Kingdom, Brazil, Canada, Japan and the European Union.
“Even a global pandemic cannot prevent pharmaceutical companies from continuing their business as usual approach. Countries must therefore use all the tools at their disposal to ensure that medical products against Covid-19 are accessible and affordable to all who need them." said Sidney Wong, co-director of the access to medicines campaign for Médecins Sans Frontières.
The interested party believes that medical tools and technologies to fight the coronavirus should be global public goods. They should therefore overcome the barriers imposed by patents. The expert called on governments to support this proposal placing human life above profit during this critical period. It must be said that since the start of the pandemic, pharmaceutical companies have exercised their intellectual property rights more than ever. They have also concluded trade agreements excluding many developing countries and whose transparency has often been lacking.
Finally, remember that the proposal must be submitted to the General Council of the World Trade Organization (WTO) in December 2020. As Reuters explains, this could fail since its acceptance must be the subject of a consensus among the 164 members of the WTO, except in case of exceptional voting.
