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TRIPS Waiver Negotiators Reach Compromise, But Getting Consensus Is Uncertain

 
• By Brenda Sandburg

Proposed agreement limits waiver of certain patent rights to COVID-19 vaccines with potential to extend to COVID-19 diagnostics and therapeutics. India, South Africa, US and EU have agreed to the compromise but whether it becomes final depends on other WTO member countries.

WTO map
Four member countries of World Trade Organization reach agreement on TRIPS waiver and now must get consensus from 160 other members. • Source: Alamy

The fierce battle over whether COVID-19 intellectual property rights should be waived for World Trade Organization member countries may be nearing an end. South Africa, India, the US and the European Union reached an agreement that would enable eligible WTO members to use patented ingredients and processes necessary for the manufacture of COVID-19 vaccines. But the opposition to the agreement on both sides of the issue indicates it may face further modification or rejection by other WTO members.

India and South Africa submitted an initial TRIPS waiver proposal to WTO in October 2020, which called for waiver of enforcement of certain provisions of the Trade-Related Aspects of Intellectual...

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