Use flexibilities to improve access to Covid-19 jabs
Michael Wabugo
Globally, unequal distribution of Covid-19 vaccines has been identified as a major hinderance in the fight against the pandemic, specifically in the least development countries (LDCs) like Uganda. Concerns have been raised at the World Trade Organisation (WTO) about intellectual property (IP) to be a barrier in manufacturing, distribution and access of vaccines. A significant number of WTO member countries, especially LDCs are in support of a proposal to waive certain provisions of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) in relation to prevention, containment and treatment of Covid-19.
According to the proponents of this proposal, IP protection is putting a barrier in ensuring rapid and safe access to vaccines and other medical products. In view of the current challenges posed by the pandemic, the architects of the proposal assert that it can only be effectively addressed by waving certain TRIPS obligations. This would help to avoid barriers to the timely access to affordable medical products including vaccines and medicines or to scaling-up of research, development, manufacturing and supply of essential medical products. Other countries, however, have expressed scepticism whether it is necessary to have a waiver at international level while some think the move undermines the ongoing collaborative efforts.
Early in the month of May this year, the US promised to back the negotiations on the proposed call for waiver.
This decision was welcomed by countries in support of the waivers and World Health Organisation (WHO). It is anticipated that the action by the US could bolster the current negotiations at WTO by influencing other developed countries to accept waiving some of the provisions of the TRIPS Agreement. The European Union (EU) has signaled support. But these negotiations are likely to drag or take long because decisions adopted by members of WTO are by consensus, which is not easy. Besides, the waiver is likely to benefit the middle-income countries with production capacities.
As the pandemic unleashes its venomous fangs, Uganda and other LDCs should work towards building capacity to manufacture their own vaccines by using the existing flexibilities in the TRIPS Agreement. LDCs enjoy special treatment with exemption from most of the obligations under the TRIPS Agreement during the transition period. This transition period ends on July 1, but this is likely to be renewed in light of the Covid-19 pandemic which has affected most of the LDCs to achieve their development goals. A proposal to extend the transition period has been made by Chad.
Still under the Agreement, Least-developed countries will not have to protect pharmaceutical patents and test data until January 1, 2033. The other flexibility is the right to grant compulsory licences. A compulsory licence is issued by a government authority or a court to make certain use of a patented invention without the consent of the patent holder. It is also important for LDCs to effectively respond to the pandemic through Regional Economic Communities (RECs) like the East African Community (EAC) to ensure scaling-up research, development, manufacturing and supply of medical products essential to combat Covid-19.
Uganda’s path towards developing her own vaccine brings hope that in the near future every Ugandan will be vaccinated. But the President in his recent address to the nation on the status of Covid-19 said that, it may take longer before Uganda can start manufacturing her own vaccine. In addition, the continuous mutation and emergency of new variants creates uncertainties and complexities in fighting the virus. Therefore, as Uganda makes strides to inoculate half of the total population, Ugandans are advised to strictly follow advice from health experts. Put on a mask, sanitise and keep social distance.
Michael Wabugo is an Intellectual Property Legal Practitioner.
