A Trip to Inequity: How the TRIPS Agreement Hinders Access to Needed COVID-19 Therapeutics
Ruchita Jain The COVID-19 pandemic continues to rage on in much of the world, severely affecting the health of millions. But citizens of high-income nations have accepted the pandemic to be over. The key to ending the pandemic globally across all nations is equal and efficient access to necessary COVID-19 therapeutics, including vaccines. This Article argues that least developed nations and their access to COVID-19 therapeutics, including vaccines, is negatively impacted by the TRIPS Agreement. International human rights law and the TRIPS Agreement remain incompatible, leading to disproportionate access of necessary therapeutics as systemic racism is perpetuated. Along with considering...
BLOG POST: Promises, Patents, and the Pandemic: Moderna v. Pfizer*
Emily Stark *This Writing is a Blog Post. It is not an official IPTF Article Publication. In 2020, the world desperately needed a vaccine to address the COVID-19 pandemic.[1] Three companies: Moderna, Pfizer, and Johnson & Johnson, developed and produced vaccines that would allow people to return to their ordinary lives.[2] Two of those companies, Moderna and Pfizer, both used mRNA to develop the platforms for their vaccines.[3] Researchers had been developing mRNA vaccines for years prior to the pandemic.[4] Moderna is responsible for much of the development of the mRNA vaccine technology, and Moderna filed for patents in 2010...
Patentability of COVID-19 Vaccines
Zoë Haggerty In many ways, the COVID-19 crisis has disproportionately affected the most vulnerable and underprivileged members of society. National lockdowns, halted economies, and overburdened hospital systems have significantly exacerbated the obstacles faced by those already financially insecure. In light of these unique and widespread challenges, it is crucial that the marginalized members of society not be neglected as global and domestic health agencies push for efficient vaccine distribution. The implications of patenting COVID-19 vaccines are likely to disadvantage such members unless measures are taken to ensure the accessibility of such vaccines. This Essay explores the options of expanding or...
Use of Benefit Corporations to Accelerate Access to Affordable Vaccines
Julie Bateman Low- and middle-income countries face the heaviest burden from vaccine-preventable diseases, yet many of these countries cannot afford critical vaccines. Vaccines are often protected by patents so that pharmaceutical companies can recoup development costs. Consequently, vaccine manufacturers in developing countries must wait until the patents expire to produce lower-cost generic vaccines. Additionally, when the development of new vaccines relies on existing patents, such development is hindered. Benefit corporations offer an opportunity for the private and public sectors to align interests in accelerating critical vaccine development. Vaccine developers, restructured as benefit corporations, could commit to both special licensing agreements...