On June 17 of 2022, the World Trade Organization announced that member countries agreed to a patent waiver covering Covid-19 vaccines. The decision follows two years of intense negotiations and is considered as a kind of partial waiver.
The measure was presented as a way to allegedly boost the supply of Covid-19 vaccines in lower income countries. It is important to note that the agreement does not apply to Covid-19 tests and treatments.
The agreement is intended to allow the manufacturing of vaccines or the ingredients necessary to make them, without the consent of the patent holders, for a duration of five years, whether or not a member has a compulsory license regime in place.
The countries must provide adequate remuneration to the patent holders. In setting the adequate remuneration, eligible members may take into consideration existing good practices in instances of national emergencies, pandemics, or similar circumstances.
In no later than six months, country-members will decide on whether to extend this patent-waiver to also cover the production of Covid-19 diagnostics and treatments.
For more information about this development and its impacts in Brazil and other Latin American countries, please contact us.