EDITOR’S LETTER
A call for understanding
“Only one WTO country would need to object and Germany has already said no, preferring to back the COVAX scheme.”
It was a small thing, but it jolted me. An email signature from an IP firm in India read: “PS: Kindly note that our country is going through a serious health crisis. Your understanding of the situation will be appreciated.”
With 247,000 officially dead from COVID-19 in India at the time of writing in early May (the number is assumed to be far greater) and no end in sight, it is difficult to grasp the scale of the devastation the sender was experiencing. Against a changing picture, the US-based global health research centre the Institute for Health Metrics and Evaluation predicts that in a best-case scenario, deaths in India will reach nearly 1.4 million by September 1 this year.
Stoicism is a trait baked into law firms, so to see such a delicate request for “understanding” is rare. Against those numbers and the distressing news coverage, it is the least anyone can do.
As this issue went to press the IP community, particularly those working in pharmaceuticals, was contemplating India’s plight when a bombshell landed: the US had chosen to back the proposed IP waiver for COVID-19 vaccines.
Most of the world’s developing nations are in favour of the scheme, which is being discussed at the World Trade Organization (WTO) thanks to a six-month campaign by India and South Africa. Critics argue that allowing countries to develop generic versions of existing vaccines is beset with dangers, most obviously from unforeseen side-effects caused by the potential for variations in the generic version.
The vaccine makers initially kept their cards close to their chests, responding through the industry body Pharmaceutical Research and Manufacturers of America, which decried a policy that would “sow confusion” and “not save lives”.
Then, in the week that followed the announcement, chief executives from Pfizer and Roche came out fighting. Roche's Severin Schwan compared the idea to East Germany’s nationalisation of drugmakers.
A mixed result
Even if coronavirus vaccine patent rights are waived, generic manufacturers will need the originator’s help, which could slow down overall production, Axinn partner David Silverstein told WIPR.
Silverstein pointed to Moderna’s pledge, now over a year old, not to enforce its IP rights during the pandemic, resulting in zero generic versions of Moderna’s vaccine being made commercially.
In the end, the waiver project will likely fail. Only one WTO country would need to object and Germany has already said no, preferring to back the COVAX scheme and improve existing supply chains.
But perhaps “fail” is the wrong word. The waiver has generated much debate, highlighted the lack of access to medicine faced by millions and may spur vaccine makers to work harder at COVAX and other schemes.
It has also made IP lawyers look at compulsory licensing in a new light and had the effect of making big pharma wary of US President Biden—perhaps intentionally (although I am not sure to what end).
The merits of the idea aside, it may have made an impact for the right reasons—enough to give our colleagues in India some hope of a renewed urgency to end the crisis.
Tom Phillips is the editor of WIPR
Image: shutterstock.com / Parikh Mahendra N
