The Impact of the TRIPS Agreement and its Amendments on Public Health and Vaccine Access during COVID-19

Abstract

The TRIPS Agreement introduced new developments by imposing protection on pharmaceutical products, unlike previous agreements that imposed protection on the production process rather than the pharmaceutical product. This measure resulted in negative impacts during the COVID-19 pandemic. The study focuses on the difficulties faced by developing and least-developed countries in obtaining vaccines and the measures taken by the WTO Ministerial Conference to address these challenges, evaluating their effectiveness in combating COVID-19. The focus was on the feasibility of the TRIPS Agreement provisions in ensuring the right to public health and technology transfer to countries in need, as well as the effectiveness of compulsory licenses in providing vaccines. The study highlighted the significant challenges in obtaining vaccines during the pandemic and the complexities in obtaining a compulsory license. We believe that the TRIPS Agreement should be reviewed. Clear and binding legal provisions should be included to balance the guarantee of public health and the protection of patent holders' rights. An effective mechanism should be established to ensure the provision of technical assistance in the pharmaceutical industries to developing countries.