Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/232239 
Year of Publication: 
2020
Series/Report no.: 
Research Paper No. 116
Publisher: 
South Centre, Geneva
Abstract: 
The COVID-19 pandemic has caused Governments to contemplate measures to override patents and other intellectual property rights (IPRs) in order to facilitate production and distribution of vaccines, treatments, diagnostics and medical devices. This paper discusses whether the COVID-19 pandemic may be considered an “emergency in international relations” and how WTO Member States may invoke Article 73 (“Security Exceptions”) of the TRIPS Agreement as the legal basis for overriding IPRs otherwise required to be made available or enforced. It concludes that the pandemic constitutes an emergency in international relations within the meaning of Article 73(b)(iii) and that this provision allows Governments to take actions necessary to protect their essential security interests.
Subjects: 
Access to Medicines
Affordable Medicines
Article 73 TRIPS
Coronavirus
COVID-19
Diagnostics
Doha Declaration on the TRIPS Agreement and Public Health
Flexibilities
Global Health
Health
Intellectual Property
Intellectual Property Rights (IPRs)
Investment Agreement
Medical Devices
Pandemic
Patent
Public Health
Security Exceptions
Trade
TRIPS
Vaccines
WHO
World Health Organization (WHO)
World Trade Organization (WTO)
WTO
Document Type: 
Research Report
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