Seeing lots of tweets today who dismiss TRIPS waiver initiative for good or bad reasons, none of them IP specialists. That's fine. But there has been LOTS of discussion pro&contra already.
from IP law point of view, the compulsory license requirements in TRIPS are onerous and not suitable for a pandemic emergency situation. TRIPS was designed for global pandemic but for global trade.
TRIPS waiver or compulsory license is not enough, yes you need tech transfer, but they go hand in hand bec tech transfer is dependent on the IP holder of patent or trade secret.
So many people have made arguments beyond moral, economic, health aspects ab why TRIPS waiver helps. But with the continued dragging on by (strangely US, EU, CH) lobbies, incl. business journlaists, death count mounts. Let's not fool ourselves that this is the end of the pandemic
was NOT designed to address a global pandemic
strange bec i don't see the majority of the LMICs making a case against the waiver or tech transfer, only the countries that have been hoarding vaccines and are hosting the IP owners
What is helpful is to waive Art. 31 and Art. 31 bis requirements as implied in the US Trade Rep report yesterday. That would help to scale up production. TRIPS waiver is still helpful as a response mechanism for future pandemics. We shouldn't waste precious lives & time again
Compul. lic. can be strengthened via national legislation for public emergency, but realistically depends on a nation state's trading power. Also there is the internal domestic diverging of economic interests, e.g. type of pharma industry and their lines of profit
TRIPS Waiver is necessary bec of the legitimacy of TRIPS system at large. Instead of compulsory license being seen as single exceptions to the norm, in a pandemic, a patent should be the exception. It makes no sense that a trading system should hamper global pandemic response.

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More from @hyoyoonkang

3 May
The statement in the article that other manufacturers don't have the ability to manufacture the vaccine and that it would take 3 yrs to produce is wrong.
Teva had offered but was rejected & there are other facilities in India and S. Korea, that can do it but are not utilised.
production starts on average around 6 months after tech transfer. KEI's database of manufacturing capacity is v helpful, via @abinader
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