Temporary Waiver of TRIPS Obligations During Covid-19 Epidemic in Light of WTO Rules

Abstract

The COVID-19 epidemic has had a devastating impact on human lives, livelihoods, and economies around the world. There does not seem to be an immediate end to this epidemic. Even though COVID-19 vaccines were produced at a record pace, the global distribution of vaccines was not equitable, as vaccine nationalism spread and developed countries dominated most of the vaccines produced. On the other hand, less developed countries received only crumbs and what the wealthy countries donated from their surpluses. Several developing countries, led by India and South Africa, submitted a request to the World Trade Organization for a temporary waiver from specific TRIPS provisions to rapidly expand the production and distribution of COVID-19 vaccines around the world at the height of the epidemic. This request would ensure an effective response to this epidemic and show the level of solidarity and human unity in the face of this challenge. As a result of the above, this study will examine the nature of the Waiver in WTO law, and analyze the legal aspects of the Waiver request, in particular, determining the procedural and substantive requirements that must be met in this request based on the law and practices of the World Trade Organization and of the GATT agreement of 1947. After that, we will discuss the legal provisions governing Waiver decisions if the WTO approves the Waiver request. We conclude the study with results and recommendations that we consider necessary to build a more just and equitable global system for intellectual property.