ACCESS TO VACCINES DURING THE COVID-19 PANDEMIC: an analysis of the attempt to temporarily suspend the TRIPS Agreement (TRIPS Waiver)
The COVID-19 pandemic has proven to be the greatest global health challenge in our recent history and has placed the discussion about intellectual property rights and access to vaccines at the heart of the debate. Due to lessons learned from previous pandemics, technological advancements over recent decades, the interest of major pharmaceutical companies, and concerted efforts to combat the COVID-19 virus, it became possible to produce treatments and implement health protocols to mitigate the impacts of the disease and the pandemic in record time. In this context, vaccine development was crucial, and the TRIPS Agreement, which establishes minimum protection standards for all technological fields, including the pharmaceutical sector through the WTO, played a significant role. The aim of this dissertation is to analyze the impact of intellectual property rights on access to COVID-19 vaccines and to present the debate on access to COVID-19 vaccines through the attempt to temporarily suspend the TRIPS Agreement, the so-called TRIPS Waiver. Furthermore, this work also presented, through historical and scientific texts, as well as based on the theoretical framework of Global Health, the relationship between epidemics, globalization, and the path taken to strengthen the international intellectual property regime. It sought to describe how intellectual property rights played a role in health emergencies similar to those of COVID-19, such as the most recent case of the H1N1 Influenza pandemic. In this regard, this dissertation demonstrates how intellectual property rights impacted the access and availability of COVID-19 vaccines during the novel coronavirus pandemic. The hypothesis of this work is based on the idea that the current intellectual property regime, while crucial for the rapid development of COVID-19 vaccines, also acted as a barrier to poorer and developing countries in ensuring universal access to vaccines and their technologies. Among the conclusions, it is presented that since these issues arise in a context of profound inequalities, any attempt to expand access to medicines and vaccines, such as the TRIPS Waiver, will be insufficient as they alone cannot alter power asymmetries between countries. Beyond intellectual property rights, it is essential to establish guidelines for technology and knowledge transfer to ensure long-term collaborations and to develop pharmaceutical production facilities in developing countries.