Sean Flynn, Op-Ed Published in Inside Sources
Over 250 organizations, prominent researchers, and experts support South Africa and India’s recent proposal to temporarily waive World Trade Organization (WTO) rules on intellectual property — including copyright — for the “prevention, containment and treatment of COVID-19.”
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Most of the public debate on the proposal focuses on patent barriers to the production of generic versions of vaccines. Some commenters have proposed a way forward by dropping the non-patent issues. Research by the Program on Information Justice and Intellectual Property (PIJIP) helps demonstrate why the inclusion of copyright in the waiver is needed.
One reason the existing TRIPS “flexibilities” for countries to issue compulsory licensing for patents is not adequate to scale up vaccine and treatment production around the world is that patents are not the only barrier. Access to industrial designs, undisclosed information and, yes, copyright is also often necessary.
