Thread by @MMKavanagh

Richard Epstein says @MadhaviSunder & I are “panglossian” in calling for waiving TRIPS obligations as a piece of vaccine access puzzle. Doing so he provides great summary of baseless arguments against.
Steeped in misinformation and neocolonialism.
Retro to HIV circa 2000...🧵

1: Africans, Asians, LatAmers cant vaccinate:
RE:“Local players—such as doctors, health care officials, pharmacists, transportation officials, & many more—all must be able to efficiently utilize these US technologies for any program to work. Do they have the capacity to do that?"

…Remarkable. If exact same hadn't been said on HIV in Africa I would be surprised. Yes, despite health systems weaknesses low&mid-income country healthworkers can provide vaccines. Yes cold-chain is tricky. Yes it can be, has been, will be done
The new "Africans cant tell time"

2: Vax inequity problem is LMIC govts fault:
“it is first necessary to understand how the crisis in developing countries arose... much of that shortfall is due to the slow and archaic government systems of distribution, which are often broken (if not corrupt) at every level”

…less nice but not far from what many are saying.
And it's bunk. There is simply a massive lack of vaccines to distribute. Less than 1% of doses have been DELIVERED to LICs. 16% to lower-middle income.
👇

…This is VERY close to the same line as Pfizer CEO Albert Bourla who claims the problem is countries not ordering. In fact, Pfizer has completely failed to deliver even the basic doses they promised and put LMICs at the back of procurement line every time
bloomberg.com/news/articles/…

3.Sharing wasn't in Moderna's contract!
“...Moderna vaccine, even though the US funded more than 99% of the total cost should not be subject to a collateral attack by letting the government renege on its contract—or unduly lean on the company—to ensure a vaccine supply overseas”

…actually multiple laws subject Moderna to public obligations & give US govt power. That the Trump administration didn’t build those into Moderna contract was a huge error but it does negate the legal & political options.
Read @akapczynski @JRavinthiran1
lpeproject.org/blog/how-to-va…

4. Just pay a ton more to Pfizer, Moderna, J&J!
RE: “Putting the cost on the government allows it to maintain the incentives of the patent system while pursuing its international objectives.”

…there are so many reasons why this is a bad move. a) we have a supply crisis, these Co.s have neither the capacity nor the will to serve LMIC markets. They have shown it over and over in the last 6 months.
Where are the COVAX doses???

…meanwhile, monopoly + lack of supply is massively distorting vaccine effort. Countries agreeing to high prices & outrageous conditions b/c they have no viable options. Soon companies will move to raise prices. We need a solution that actually works for low&mid-income countries.

…Instead of paying more $ into system that's not working, expand producers & end monopolies, at minimum for LMICs. If wealthy countries like the US [which can literally print money for vax] want to meet demands that’s a problem but not costing lives. In LMIC its deadly.

5. Waiving TRIPS will destroy innovation!
RE: “The enormous development costs cannot be levied against the few individuals who first take the vaccine, but instead must be spread across the entire population of potential users to allow firms to recover their initial investment.

…except, the vast majority of the costs of development have ALREADY been paid several times over by a combination of taxpayer funded research and trials & advanced commitments. Meaning companies had approximately no risk.

I guess the argument is people in LMICs should be denied vaxs for some future innovation ideal?
… but see also

https://twitter.com/MMKavanagh/status/1390282745356726275?s=20

6.South-produced vaccines will be re-imported!
RE: Vax “delivered to an undeveloped country for sale at a low price could be illegally reshipped to a richer country where they could undercut the local prices, which could in turn reduce the ability of the patent holder to recover

Didnt see this one coming. What? Vaccines are being provided FOR FREE with the goal of universal coverage in high-income countries.
If ever I’ve seen a distraction-point with an echo right back to HIV in 2000 this is it!

Here's our first piece on IP specifically in @washingtonpost @MadhaviSunder washingtonpost.com/opinions/2021/…

and here's our most recent piece in @BLaw where we argue that sharing science openly is the right diplomatic approach.
news.bloomberglaw.com/us-law-week/bi…