ARTICLE
23 June 2022

WTO Agrees Limited Patent Waiver For COVID-19 Vaccines

JA
J A Kemp LLP

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J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do. The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world. The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
The World Trade Organization (WTO) has reached a limited agreement to relax patent protections for the production and supply of COVID-19 vaccines.
United Kingdom Intellectual Property

The World Trade Organization (WTO) has reached a limited agreement to relax patent protections for the production and supply of COVID-19 vaccines. The text of the agreement is available here.

The agreement represents a clarification of already existing powers for WTO members to authorise the use of a patent without the patent-owner's consent (so called "compulsory licensing").

The intention of the agreement is to help boost the supply of COVID-19 vaccines for poorer countries. However, critics have noted that there is no longer a worldwide supply problem with the vaccines, and that infrastructure problems in poorer countries (e.g. testing and distribution frameworks) are seen as more urgent problems. The vaccine originators have argued that any dilution of their patent rights will serve as a disincentive to invest in vaccine development, therefore potentially creating a drag on lifesaving research and development.

The agreement is thus expected to have a limited practical impact on vaccine supply.

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