A Submission to the Senate Select Committee on COVID-19 on the TRIPS Waiver: Intellectual Property, Access to Essential Medicines, and the Coronavirus COVID-19

Abstract

The Senate Select Committee on COVID-19 has broad terms of reference to investigate ‘the Australian Government's response to the COVID-19 pandemic; and any related matters.’ This submission to the Senate Select Committee on COVID-19 focuses upon intellectual property, access to essential medicines, and the coronavirus. It considers the Australian Government’s response to legal issues in respect of the COVID-19 pandemic relating to intellectual property, public health, and international trade. This submission considers the challenges and obstacles presented by vaccine nationalism and commercial profiteering during the COVID-19 crisis. It explores the call by civil society, developing countries, and international institutions for a ’People’s Vaccine’. In a wide-ranging survey, the submission examines a number of mechanisms designed to improve access to essential medicines. This report explores the operation of institutions, such as ACT-Accelerator, the Medicines Patent Pool, and C-TAP, which are designed to facilitate the sharing of vaccines, treatments, diagnostics, and health-equipment. Drawing upon past precedents in the biomedical sphere, this study considers the role of patent flexibilities – such as compulsory licensing, crown use, and government acquisition. It also examines the scope for public sector licensing – particularly where there has been public sector funding of COVID-19 related technologies. This submission also investigates the Open COVID Pledge, the role of open licensing, and the development of open innovation models. This report finally looks at Australia’s equivocal position in the debate over the TRIPS Waiver. This submission contends that an endorsement of the TRIPS Waiver by the Australian Government will help boost domestic biomanufacturing of vaccines, treatments, diagnostics, and health-equipment, as well as assist our near neighbours in the Asia-Pacific. Moreover, Australia will show international leadership through its support of a TRIPS Waiver, and hasten the resolution of the current global public health coronavirus crisis.

Keywords: intellectual property, trade, health, innovation, TRIPS Waiver, coronavirus, COVID-19, patent law, patent pools, technology transfer, patent pledges, patent licensing