COVID-19 Vaccine, TRIPS, and Global Health Diplomacy: India’s Role at the WTO Platform

Abstract

In light of the devastation caused by COVID-19, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and vaccine research and development (R&D) have been occupying a prominent position in the field of global health diplomacy (GHD). Most countries, international organizations, and charitable organizations have been engaged in the R&D of COVID-19 vaccines to ensure timely affordability and accessibility to all countries. Concomitantly, the World Trade Organization (WTO) provides some provisions and enforcements regarding copyrights, patents, trademarks, geographical indications, and industrial designs. Given these safeguards, it is considered that intellectual property rights (IPRs) have become major barriers to the affordability and accessibility of vaccines/medicines/technology, particularly to the developing/least developed countries. Realizing the gravity of the pandemic impact, as well as its huge population and size, India has elevated this issue in its global health diplomacy by submitting a joint proposal with South Africa to the World Trade Organization (WTO) for a temporary waiver of IPRs to ensure timely affordability and accessibility of COVID-19 medical products to all countries. However, the issue of the temporary waive off had become a geopolitical issue. Countries that used to claim per se as strong advocates of human rights, egalitarianism, and healthy democracy have opposed this proposal. In this contrasting milieu, this paper is aimed at examining how the TRIPS has become a barrier for developing countries’ development and distribution of vaccines/technology; secondly, how India strategizes its role in the WTO in pursuant of its global health diplomacy? We conclude that the IPRs regime should not become a barrier to the accessibility/affordability of essential drugs and vaccines. To ensure access, India needs to get more engaged in GHD with all the involved global stakeholders to get strong support for their joint proposal. The developed countries that rejected/resisted the proposal can rethink their full support.

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COVID-19 Pandemic and Reimagination of Multilateralism through Global Health Diplomacy

“…Further, the evolution of the Global Health Security Agenda (GHSA) for a safer world, the United Nations Political Declaration on the Prevention and Control of NCDs, and WHO Global Action Plan for the Prevention and Control of NCDs are some excellent examples of successful health diplomacy in the recent years [11]. Various authors and researchers of GHD have emphasized its role in promoting peace [12], improving health, peace, and well-being [13], strengthening global leadership and international cooperation [14], global coordination [15], negotiating for TRIPS waiver for COVID-19 vaccines [16], promoting vaccine equity [17] and strengthening the bonds between nations [18].…”

“…COVAX is co-led by the Coalition for Epidemic Preparedness Innovations (CEPI), Vaccine Alliance, and WHO, with UNICEF as a key delivery partner and PAHO as the procurement agent in the Americas. This facility aims to ensure fairer global vaccine distribution [16] and address the prevailing inequities [17]. Still, the end result can only be assessed after some time based on fulfilling its commitments to the nations [8].…”