Category: Coronavirus

Global Inequities In Access to COVID-19 Health Products and Technologies: A Political Economy Analysis

[Deborah Gleeson, Belinda Townsend, Brigitte F. Tenni, and Tarryn Phillips] Abstract: This paper presents a political economy analysis of global inequities in access to COVID-19 vaccines, treatments, and diagnostic tests. We adapt a conceptual model used for analysing the political economy of global extraction and health to examine the politico-economic factors affecting access to COVID-19 health products and technologies in four interconnected layers: the social, political, and historical context; politics, institutions, and policies; pathways to ill-health; and health consequences. Our analysis finds that battles over access to COVID-19 products occur in a profoundly unequal playing field, and that efforts to improve access that do not shift the fundamental power imbalances are bound to fail.

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Science Held Hostage: How Pharma Is Using mRNA Vaccine Contracts With Government to Delay Future Innovation

[Emily Bass] Clinical trials that are crucial to future pandemic prevention and current responses to SARS CoV-2 are being delayed by pharmaceutical companies. These companies are able to use government contracts specifying when, where and how current vaccines owned by goverments can be used to delay and defer access to these vaccines for research. Current SARS CoV-2 vaccines are a vital part of research for next-generation products such as nasal vaccines and pan-coronavirus vaccines. Nextgeneration candidates need to be tested in animals who have been vaccinated with presently available vaccines to evaluated safety and effectiveness in the context of prior immunization. However, for over two years, the terms of government contracts with industry have had the inadvertent effect of delaying sometimes effectively blocking access to these products for research purposes. Over the course of a six-month research effort, PrEP4All spoke with US government agencies, research groups, private philanthropy and industry to better understand the causes and consequences of this challenge.

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Pandemic Accord: MSF’s Comments on Equity Provisions in WHO’s Zero Draft

[Médecins Sans Frontières] In this briefing document, MSF analyses provisions related to transparency, intellectual property (IP), research and development (R&D), antimicrobial resistance (AMR), stockpiling, and access and benefit sharing in the accord zero draft. The definitions and scope of these provisions, as well as the nature of obligations contained therein, are key to determining the extent to which the accord can meaningfully address inequity.

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US ITC Investigation on Whether to Extend TRIPS Waiver Is Accepting Comments Through Friday, March 17

[Mike Palmedo] The U.S. International Trade Commission is writing a report (requested by USTR) investigating “whether to extend flexibilities under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to COVID-19 diagnostics and therapeutics.” It is seeking comments from all interested parties on this question and a broad set of sub-questions related to TRIPS flexibilities and access to medicines. The deadline to submit comments is this Friday, March 17.

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Analysis of COVID-Related Patents for Antibodies and Vaccines

[Kausalya Santhanam] This paper provides an analysis of patents covering selected antibodies and vaccines used in the treatment or prevention of COVID-19. The aim of the report is to support national patent offices and interested parties in developing countries with information that can serve as guidance for the examination of the claims contained in relevant patents or patent applications. The antibody combination considered for the patent analysis in this paper are Casirivimab and Imdevimab. The vaccines considered for the patent analysis are mRNA-1273, Sputnik, ChAdOx1 nCoV-19 vaccine (AZD1222). The analysis was completed in May 2022.

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USITC Launches Investigation on Covid-19 Diagnostics and Therapeutics, and Flexibilities Under the TRIPS Agreement

[Mike Palmedo] The U.S. International Trade Commission has launched an investigation (USITC) “to inform consideration of whether to extend flexibilities under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to COVID-19 diagnostics and therapeutics.” The investigation was requested by USTR. The announcement includes a request for comments from “foreign governments, non-governmental health advocates, and diagnostic and therapeutic manufacturers.” There will be an open public hearing on March 29, and requests to testify are due by March 15. The deadline for written comments is May 5.

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South Centre Statement on the extension of the TRIPS waiver for diagnostics and therapeutics for COVID-19

[South Centre] Developing countries should consider options that can be implemented now to deal with IP barriers to expand production and access to COVID-19 therapeutics and diagnostics, while the so far elusive decision on whether to extend a TRIPS waiver to cover these products is taken by WTO.

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Compelling Trade Secret Transfers

[David S. Levine and Joshua D. Sarnoff] Abstract: The unprecedented COVID-19 virus has brought to the forefront many challenges associated with exclusive rights in information, data, and know-how, all of which may constitute protected trade secrets. While patents have received more attention, trade secret information has limited the ability to perform research, develop, test, gain regulatory approval for, manufacture, and distribute globally and at sufficient scale and affordable prices the needed vaccines, therapeutics, diagnostics, medical devices, and personal protective equipment. Voluntary licensing efforts have proven inadequate to supply pandemic needs. Thus, compelling the transfer or licensing of trade secrets is needed to properly address COVID-19, but more importantly, to address future pandemics and other serious global problems such as climate change.

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USTR Requests International Trade Commission Study of COVID-19 Diagnostics and Therapeutics

[Mike Palmedo] U.S. Trade Representative Katherine Tai has requested that the International Trade Commission conduct a study on the market dynamics of COVID-19 diagnostics and therapeutics. She is requesting a wide variety of subtopics be included in the report, including “The relationship between patent protection and innovation in the health sector and between patent protection and access to medicine in LICs, LMICs, UMICs, and HICs; “Actions taken by WTO Members to use or attempt to use compulsory licenses for the production, importation, or exportation of pharmaceutical products and the outcomes of those actions, including the effect on product access, innovation, and global health”

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WHO Proposed Instrument on Pandemics: the Conceptual Zero Draft Needs Substantial Improvement to Address Global Public Health Needs

[South Centre] We welcome the discussions in the WHO on a new instrument on pandemic prevention, preparedness, response and recovery. While we appreciate the preparation and sharing with WHO members of the Conceptual Zero Draft (hereinafter ‘the Draft’), we note that more work is needed to address the insufficiency of the tools at the disposal of the WHO that became evident with the COVID-19 pandemic.

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