Opinion: IP nationalism: the unexamined issue underlying the controversial WTO vaccine proposal and beyond

Countries that are members of the World Trade Organization are currently considering a watered-down version of a comprehensive proposal by South Africa and India — made 20 months and more than 6 million deaths ago — to suspend international obligations regarding intellectual property (IP) rights for making Covid-19 vaccines, treatments, diagnostics, and personal protective equipment for at least three years. Notably, even if adopted, this proposal notably would not have immediate effects in any country. It would simply remove international liability against countries amending domestic laws to create exceptions to Covid-related patent laws.

Some countries, including Germany, Switzerland, and the European Union, continue to resist recognizing that IP rights on treatments, vaccines, and diagnostics unduly hinder needed access to essential tools for fighting Covid-19, and so oppose consideration of proposed changes to IP rules for WTO members. This reflects what I have coined IP nationalism, which parallels well-known vaccine nationalism, yet is present even beyond pandemic situations.

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