Settlement of the COVID-19 vaccine patent waiver issue by the World Trade Organization

Abstract

Background: This research focuses on the role of the World Trade Organization (WTO) in addressing the issue of vaccine patent waivers during the 2019 coronavirus disease (COVID-19) pandemic. The study examines the waiver applications submitted between the end of 2020 and 2022, highlighting the need to review the legal basis and enforcement mechanisms related to patents. The research aims to analyze the WTO's involvement in resolving patent disputes, particularly in the context of ensuring access to vaccines for developing and less developed countries. Methods: This is a normative legal research using a descriptive method. The study aims to describe and analyze the patent waiver applications within the context of existing regulations. The research adopts a descriptive-analytical approach, focusing on international legal instruments and their implementation, particularly those related to vaccine patent waivers. Findings: The study found that the WTO has fulfilled its roles and functions in accordance with applicable international legal instruments during the COVID-19 pandemic. However, there is a critical need to emphasize the WTO's principles of fairness and equity, especially the Special and Differential Treatment (SDT) provided to developing and less developed countries. The research highlights the ongoing challenges these countries face in accessing vaccines, despite the formal mechanisms in place. Conclusion: While the WTO has adhered to its mandates in managing vaccine patent waiver issues, further emphasis is needed on ensuring justice for developing nations through the proper application of SDT principles. Greater attention to these principles is necessary to balance the interests of intellectual property rights holders and the public health needs of developing countries. Novelty/Originality of This Study: This research offers a unique perspective by combining legal analysis with the principles of Special and Differential Treatment (SDT) under the WTO framework. It provides new insights into the application of international legal instruments related to patent waivers, emphasizing the need for equity in global health crises, particularly for developing and less developed countries.