A TRIPS waiver is useful but not a magic pill

The U.S.-supported move will have an effect if countries simultaneously address non-IP bottlenecks among other things

The United States has finally relented and declared its support for a temporary waiver of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement for COVID-19 vaccines at the World Trade Organisation (WTO). In October 2020, India and South Africa, at the WTO, proposed waiving Sections 1, 4, 5, and 7 of Part II of the TRIPS agreement (covering copyrights, industrial designs, patents, and undisclosed trade information) related to the prevention, containment, or treatment of COVID-19.

The U.S.’s support of the TRIPS waiver is a significant step forward in the global fight against the pandemic. Hopefully, the U.S.’s decision would cause other holdouts like Canada and the European Union to give up their opposition. Legally, the waiver is surely possible since Article IX of the WTO Agreement allows for waiving obligations in ‘exceptional…

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