New WTO Report Looks at the Global Intellectual
Property System and COVID-19
The WTO Secretariat has published a new information note about
how the global intellectual property (IP) system relates to the COVID-19 pandemic
and potential contributions it could make to efforts to address it. The note provides
an overview of IP-related measures taken by WTO members and other stakeholders since
the start of the crisis.
The paper
highlights that the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) represents
the most comprehensive multilateral agreement on IP, and provides a framework in
which much-needed innovation in relation to COVID-19 can be encouraged, shared and
disseminated, while balancing rights and obligations.
Under
this framework, the way in which the global IP system is designed and implemented
can be a significant factor in facilitating access to existing technologies and
in supporting the creation, manufacturing and dissemination of new technologies.
This includes access to protective equipment, contact tracing software, diagnostics,
as well as vaccines and treatments yet to be developed which will be fundamental
to effectively respond to the COVID-19 crisis.
The IP
system can also support collaboration and cooperation among health technology developers,
governments and other stakeholders, and the implementation of a number of initiatives
addressing the voluntary sharing and pooling of IP rights (IPRs), thus responding
to the spirit of collaboration that is required for the global effort to tackle
the COVID-19 pandemic.
The report
points to the range of policy options available under the TRIPS Agreement to deal
with public health issues, such as compulsory licensing and government use of a
patent without the authorization of its owner under a number of conditions aimed
at protecting the legitimate interests of the patent holder. It underscores that
the response to the COVID-19 pandemic has led national and regional IP offices to
take initiatives to expedite or simplify their administration of the IP system,
especially concerning patents and trademarks, and to provide practical support for
firms seeking to develop products of potential benefit in combating the pandemic.
While
much public health policy attention has focused on the patent system as a key element
of the system for innovation and dissemination of medical technologies, the report
notes that other areas of IP covered by the TRIPS Agreement are also significant,
such as the protection of trade secrets and clinical trial data, a well-run trademark
system and a balanced copyright system that takes due account of the interests of
rights holders and the public to access copyright-protected works.
The note
recognizes that facilitating up-to-date information and maximum transparency on
legal and policy measures taken in the field of IP in response to the pandemic is
in the mutual interest of all stakeholders. The aim is supporting governments and
economic operators to keep abreast in a rapidly evolving trade landscape as well
as to promote much-needed clarity and enable mutual learning.
The paper
is intended to provide a factual background resource for
members and to serve as a reference for use in practical technical assistance activities.
Updated lists of IP measures undertaken by governments in the context of COVID-19
are available on the WTO's COVID-19 webpage and
the WIPO COVID-19 IP Policy Tracker.
The report
can be found here.
·
A full response to the COVID-19 crisis requires
wide access to an extensive array of medical products and other technologies, ranging
from protective equipment to contact tracing software, medicines and diagnostics,
as well as vaccines and treatments that are yet to be developed. The way in which
the intellectual property (IP) system is designed — and how effectively it is put
to work — can be a significant factor in facilitating access to existing technologies
and in supporting the creation, manufacturing and dissemination of new technologies.
This is framed by the WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights (the TRIPS Agreement) which represents the most comprehensive multilateral
agreement on IP.
·
Collaboration and cooperation among health technology
developers, governments and other stakeholders can be positively supported by the
IP system as well as by guidance on lawful cooperation among competitors under a
country's domestic competition policy regime.
·
From the beginning of the crisis, governments
and stakeholders have considered how innovation is promoted, regulated and managed,
including through the IP system, and the contribution that this could make to address
the pandemic. A number of initiatives have addressed the voluntary sharing and pooling
of IP rights (IPRs), thus responding to the spirit of collaboration that is required
for any global effort to tackle the COVID-19 pandemic. Equally, a range of policy
options confirmed under the TRIPS Agreement, as implemented in domestic law, remain
available to WTO members as tools to deal with public health issues where needed.
·
For example, the TRIPS Agreement allows compulsory
licensing and government use of a patent without the authorization of its owner
under a number of conditions aimed at protecting the legitimate interests of the
patent holder. All WTO members may grant such licences
and government use orders for health technologies, such as medicines, vaccines and
diagnostics, as well as any other product or technology needed to address COVID-19.
One member has already issued a government use licence
for a potential treatment. In some other members, the Parliament has requested the
government to issue compulsory licences to ensure access
to medicines, vaccines or diagnostics for COVID-19, and others have updated or clarified
their laws in the light of the pandemic.
·
The need for an urgent response to the COVID-19
pandemic has led national and regional IP offices to take initiatives to expedite
or simplify their administration of the IP system, especially concerning patents
and trademarks, and to provide practical support for firms seeking to develop products
of potential benefit in combating the pandemic.
·
Transparency and the availability of up-to-date
information is an immediate and critical need that embraces both trade and health-related
legal and policy areas. Ensuring maximum transparency of legal and policy measures
taken by WTO members in the field of IP to address the pandemic is in the mutual
interest of all stakeholders. It supports governments and economic operators to
keep up to date in a rapidly evolving trade landscape, provides much-needed clarity
and enables mutual learning. Updated lists of IP measures undertaken by governments
in the context of COVID-19 is available on the WTO's COVID 19 webpage and the WIPO
COVID-19 IP Policy Tracker.
The full list of WTO reports on COVID-19 and world trade can be found here.