Context: The Government should walk the talk in terms of IP waiver and offer Covaxin’s technology to domestic pharmaceutical companies and foreign corporations.
Challenges associated with Covid-19 vaccine TRIPs waiver proposal
Uncertainties: Regarding the time of adoption and conditions the waiver will be subjected to.
Compulsory licensing withheld: Citing difficulties associated with vaccine production in the absence of technology transfer.
Despite the nudging by the judiciary and others, the Government inexplicably hasn’t made use of compulsory licences in the pandemic.
Contradictory Government stand: The Central Government, in an affidavit before Supreme Court, suggests that issuance of compulsory licences will not be effective, whereas India is pursuing patent waiver proposal in WTO.
Government argues that the unavailability of raw materials and essential inputs are major bottlenecks in vaccine production and patent waiver is only about overcoming legal impediments, not about addressing supply-side bottlenecks.
The Government believes that voluntary licences, not compulsory licences, are the way forward to address shortage of COVID-19 medical products.
Way forward
Leverage existing flexibilities: To make the TRIPS waiver stand convincing, Government needs to make aggressive use of the Patents Act 1970
Sections 92 and 100 of the Act allows for licensing of all patents necessary to make COVID-19 medical products without waiting for a private party to apply for a licence.
For instance, Natco, an Indian pharmaceutical company, has requested a compulsory licence under Section 92 of the Patents Act for Baricitinib, a COVID19 drug.
An assertive posture on compulsory licences will also advantageously force several pharmaceutical companies to offer voluntary licenses.
Licensing Covaxin:Given the involvement of taxpayers’ money in development of Covaxin, Government has a stake in its IPR.
Government should not only transfer Covaxin’s technology to domestic pharmaceutical companies but also to foreign corporations to boost national supplies, making itself truly the ‘pharmacy of the world’.