As countries resume final negotiations on Monday for a landmark pandemic agreement intended to help prevent and rapidly respond to the next inevitable pandemic, I’m getting a sense of déjà vu. Why? The draft text has watered down intellectual property (IP) obligations in an attempt to achieve compromise on this issue. Diluting international obligations to achieve consensus is reminiscent of the limited waiver of one international patent obligation for Covid vaccines after two years of negotiations at the World Trade Organization (WTO). Contrary to the originally proposed broad waiver of all patent and other IP requirements, the adopted limited waiver has never been used since it is so narrow as to be useless.
Countries are in danger of repeating this pattern. So, what should be done?
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Author: Cynthia M. Ho
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