Thambisetty, Siva and McMahon, Aisling and McDonagh, Luke and Kang, Hyo Yoon and Dutfield, Graham (2022) Addressing Vaccine Inequity During the COVID-19 Pandemic: The TRIPS Intellectual Property Waiver Proposal & Beyond. The Cambridge Law Journal, 81 (2). pp. 384-416. ISSN 0008-1973

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Abstract

This article examines global vaccine inequity during the COVID-19 pandemic. We critique intellectual property (IP) law under the 1994 WTO TRIPS Agreement, and specifically, the role that IP has played in enabling the inequities of production, distribution and pricing in the COVID-19 vaccine context. Given the failure of international response mechanisms, including COVAX and C-TAP, to address vaccine inequity, we argue the TRIPS waiver proposal should be viewed as offering a necessary and proportionate legal measure for clearing IP barriers that cannot be achieved by existing TRIPS flexibilities. Finally, we reflect on the waiver debate in the wider context of TRIPS and the need to boost global pandemic preparedness.

Item Type:	Article
Keywords:	TRIPS; vaccine inequity; waiver; intellectual property;
Academic Unit:	Assisting Living & Learning,ALL institute Faculty of Social Sciences > Law
Item ID:	17746
Identification Number:	https://doi.org/10.1017/S0008197322000241
Depositing User:	Aisling McMahon
Date Deposited:	25 Oct 2023 14:13
Journal or Publication Title:	The Cambridge Law Journal
Publisher:	Cambridge University Press
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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