India, South Africa bat for IP obligations waiver from WTO for medical products amid COVID-19

India and South Africa on October 2 submitted a joint communication to World Trade Organisation (WTO) seeking a waiver from intellectual property obligations under the Trade-Related Intellectual Property Rights (TRIPS) agreement for a limited period.

Through the joint communique, both India and South Africa are aiming at the adequate production, availability and distribution of crucial medicines and vaccines globally amid the COVID-19 pandemic. Both the counties have sought a waiver from intellectual property obligations for the member countries.

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"Internationally, there is an urgent call for global solidarity, and the unhindered global sharing of technology and know-how in order that rapid responses for the handling of COVID-19 can be put in place on a real-time basis," quoted the Hindu BusinessLine of the joint communication submitted by India and South Africa to WTO.

As per the communique, the governments of India and SA asked Council for TRIPS to recommend the General Council a waiver in relation regarding containment, treatment and prevention of COVID-19. The waivers sought are in the field from implementation, application and enforcement of relevant sections of the TRIPS Agreement.

India and SA also recommended that the waivers should continue until widespread vaccination is in place globally.

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What is TRIPS Pact?

This is a comprehensive multilateral agreement on intellectual property which provides a wide range of protection to WTO member countries. Under this, patents, trademark, copyright, geographical indication, industrial designs are covered.

However, during the times of emergencies TRIPS Agreement provides flexibilities to countries, specially to issue compulsory licences to generic producers to manufacture patented drugs.

Apart from patents, several countries face an intellectual property rights issue. Though the joint communication, India and SA stated that restrictions on the manufacture of patented drugs have affected developing and least developed countries amid COVID-19.