Canada, Sign the TRIPS Waiver

Intellectual Property Rights are preventing countries from producing vaccines domestically leaving millions at the mercy of foreign aid for their vaccines.

How are trade rights involved in vaccine equity?

The global agreement on intellectual property rights, Trade Related-Aspects of Intellectual Property Rights (TRIPS), requires governments to provide exclusive rights to the person or company who created a pharmaceutical product or to whoever holds the patent.

In the case of the COVID-19 vaccine, wealthy countries who currently hold the IP rights are refusing to share the patent to allow vaccine production to occur in other countries, namely low-income countries who cannot afford the high cost of vaccines or other health care equipment.

By waiving some of the IP rights on key components of the vaccine, governments could help countries with minimal resources produce the necessary vaccine domestically.

A group of countries led by India and South Africa and backed by the United States has proposed a TRIPS Waiver for the COVID-19 vaccine. The waiver would allow countries who currently do not have access to vaccines, diagnostic equipment etc. to produce the necessary supplies domestically until we reach herd immunity, and the pandemic is under control.

To pass this waiver, the entire membership of the World Trade Organization needs to vote in favour. Canada is among the few countries who has not voted in favour of the waiver. Canada claims not to oppose it but has yet to show support.

The opposition’s argument has been the protection of pharmaceutical innovation. Economic benefit is, however, an influence. Companies who hold the patent continue to profit off the pandemic as millions of people suffer.

The United Nations High Commissioner for Human Rights along with the World Health Organization support the TRIPS waiver. The commission has released a report on the human rights implications of inequitable distribution of the COVID-19 vaccines.

It says, "Under the TRIPS Agreement, States should consider the introduction of a temporary waiver of relevant intellectual property rights until the COVID-19 pandemic is contained, in line with the right of World Trade Organization members to protect public health and, in particular, to promote access to medicines for all." (p. 14)

The report also calls on pharmaceutical companies to abide by internationally recognized human rights principles.

"Human rights due diligence in the context of vaccines includes assessing, mitigating and addressing adverse human rights risks and impacts from activities such as the development, pricing, sale and distribution of vaccines. More specifically, in taking decisions regarding pricing and distribution, the adverse impacts that such decisions have with regard to discriminatory access to vaccines, in particular for those in situations of vulnerability and marginalization, should be considered." (p.5)

The report is called Human rights implications of the lack of affordable, timely, equitable and universal access and distribution of coronavirus disease (COVID-19) vaccines and the deepening inequalities between States and can be found here.

The Reality

According to a Partners in Health report, 22 billion doses of mRNA vaccines are needed to end the pandemic. The two main vaccine manufacturers in the United States, Pfizer and Moderna, have set their 2022 production goal at seven billion doses between the two of them. Even if they meet their projected goal, which they did not in 2021, the world will still fall short by several billion doses. The reality is, there need to be more companies or governments producing the vaccine.

Canada needs to vote in favour of the TRIPS waiver.