The TRIPS Waiver -- In The Round

"Back in March, the president of Tanzania, John Magufuli, died, very likely due to complications from COVID-19. Ironically, the autocratic ruler of the east African nation had been a staunch COVID-19 denier, refusing to vaccinate his country’s population and instead recommending traditional cures and prayer."

"Tanzania is by no means a basket case, nor is it embroiled in civil war, as some other African countries are, and it has a relatively high literacy rate of 77 per cent. Yet, at present, only 1.5 per cent of Tanzanians are fully vaccinated. Their former leader routinely refused offers of vaccine doses for his country, only grudgingly accepting that COVID-19 was a reality shortly before his own death."

"No sensible observer would say that Tanzania’s low vaccination rate is due to “global vaccine inequity,” yet many advocates for global social justice would have you believe that the large disparity in vaccination rates around the world is driven by hoarding in the global north, thus making doses unavailable in the global south. The Tanzania case and others like it disprove this simplistic narrative."

Rupa Subramanya, National Post

A health-care worker administers the Johnson & Johnson vaccine to a woman in Soweto, South Africa, on Nov. 1. Photo by Michele Spatari/AFP

"[The patent waiver would remove one barrier to] more companies being able to produce more vaccine doses in different parts of the world which should lead to greater availability of doses and greater access to them."

"All along, we and many other public health experts have been saying that it is absolutely essential that the world scales out access to COVID vaccine."

"[Both because it is the] morally correct thing to do [and because when it comes to public health] we know that vaccinating people helps to reduce transmission, and that should decrease the chances of the variants emerging from an unvaccinated unprotected population."

Jason Nickerson, humanitarian adviser to Canada, Doctors Without Borders

Getty, OlivierLemoal

The World Health Organization is fond of excoriating the wealthy nations of the world for its selfish behaviour in focusing on inoculating their populations against the SARS-CoV-2 virus, insisting that the stock of vaccines available must be shared. The sharing program, COVAX, set up by the WHO as a method of equalization to be administered by the UN health body accepts donations from wealthy countries both in cash and kind. It also permits those countries to draw from its store of vaccines when needed, even while what it stockpiles is meant to be distributed among the less-advantaged nations of the world.

WHO director-general Tedros Adhanom Ghebreyesus has nagged first-world countries to forestall administering third, or 'booster' doses to address the issue of waning vaccine potency over time, in favour of sending those 'extra' doses to Africa and India. Now that a problematical COVID strain has been identified in South Africa that is rapidly spreading around the world, given its high transmissibility rate, and as-yet unknown virulence, the world community is anxiously awaiting word on what its outcome may spell.

 

After a recent meeting of the World Trade Organization it announced "members expressed unanimous support for maintaining the momentum of the discussions on a common intellectual property response to COVID", referring to a proposal by India and South Africa requesting a patent waiver for COVID vaccines to enable them to produce the vaccines to serve their public, bypassing the pharmaceutical companies' distribution and sales in reflection of a formula they created, patented, and have financially gained from.

In Canada, South African High Commissioner Sibongiseni Diamini-Mntambo spoke to The Canadian Press, stating that the Omicron variant emerged in South Africa as a direct result of vaccine inequality, emphasizing that in South Africa, less than a quarter of the population is fully vaccinated. Any who fail to support a patent waiver, she averred, would "rather protect the profits of pharmaceutical companies than help in the global battle against the pandemic".

"I call on the nations gathering next week for the World Trade Organization ministerial meeting to meet the U.S. challenge to waive intellectual property protections for COVID vaccines, so these vaccines can be manufactured globally", U.S. President Joe Biden said prior to the WTO meeting. The Council for Trade-Related Aspects of Intellectual Property Rights took on the issue. "Members expressed unanimous support for maintaining the momentum of the discussions on a common intellectual property (IP) response to COVID-19".

"[Delegations are] committed to continue engaging in various configurations in the coming weeks to try and harvest any outcome that may still be possible." 

 

In the Canadian House of Commons, a letter was circulated signed by Members of Parliament representing all parties; an open letter calling on support for the waiver: "Opponents of the waiver proposal argue that patent monopolies are necessary to allow firms to recover their investments in research and development. However, given that COVID-19 vaccine development was primarily financed through public investment and advanced market commitments, we strongly believe this justification does not apply."

 

According to the details examined, appraised and published by Rupa Subramanya, vaccine hesitation among populations, alongside denial of COVID threats manifest as one of the reasons for low vaccination rates in India and Africa. Where South Africa, the epicentre of the Omicron variant had a stockpile of vaccine doses it was unable to administer since vaccine hesitancy resulted in a slow rollout. At that juncture, South Africa postponed delivery of new Johnson & Jonson and Pfizer vaccines in a country where distrust of vaccines is nothing new.

 

She points out that Europe, particularly Austria, Germany and Switzerland are struggling with a fourth wave that has devastated their populations and their hospitals' ability to cope. Since the advent of vaccines, Austria has distinguished itself for, out of desperation, being the first developed country to fully lock down. Those three countries are among the wealthiest in the world and though they possess more than ample vaccine doses, they are also reflective of a high degree of vaccine hesitancy among their populations, resulting in low vaccination rates.

 

Not vaccine inequity, but the results of vaccine hesitancy, a situation reflective of that which pertains to the poor countries where the West is being informed their performance in protection of their populations is one of selfish disregard for the well-being of others on the planet without their wealth and accessibility to vaccines.  Two days ago it was announced that the White House spokesperson revealed that South Africa turned down an offer by the US to provide it with additional COVID-19 vaccines.

 

White House Press Secretary Jen Psaki speaks during a daily news briefing at the James S. Brady Press Briefing Room of the White House November 19, 2021.

Alex Wong/Getty Images