Q.3 What were the objectives of seeking a temporary waiver on Covid treatment-related products from certain obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)? How waiver is different from compulsory licencing proposed by the European Union? (10 Marks)

Mentor’s comment-
  • https://www.thehindu.com/opinion/lead/a-blow-to-equitable-access-to-essential-medicines/article65249675.ece
  • In the intro, mention the proposal table by India and South Africa for a waiver from TRIPS for Covid treatment.
  • In the body, mention the lack of equitable access to vaccines across the globe. In the differences briefly explain the compulsory licence provision for medicines in certain cases. In the issues mention the eligibility criteria which exclude certain least developed countries such as Bangladesh. Also mention that according to the EU, when compulsory licences are granted, the “patent holder receives adequate remuneration”, but “[t]ransfer of know-how is not ensured”.
  • Conclude by mentioning that by accepting the compromise outcome the global community would lose an important opportunity to ensure that vaccines and medicines are accessible to all.

 

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