Law The Battles Over The Intellectual Property Rights on COVID Vaccines

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Indian government's problem:

India vaccine shortage will last months because Indian government failed to prepare for second wave
By Shweta Sharma | May 3, 2021

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Serum Institute of India's Adar Poonawalla
The chief executive of India’s largest vaccine manufacturer has said the country will face a shortage until at least July because of the Modi government’s failure to prepare for the current second wave of the Covid-19 pandemic.

Despite its huge manufacturing capacity, India is facing a shortage of vaccines which has come in for criticism all the more as the country is simultaneously ravaged by a devastating Covid outbreak. The country has reported more than 300,000 cases a day for 10 days running, and is now the only country in the world to record more than 400,000 cases in a single day.

Adar Poonawalla, the chief executive of the Serum Institute of India (SII) which is manufacturing the Covid-19 vaccine developed by Astra Zeneca and the University of Oxford, told the FT they would increase the production of vaccines from the current rate of about 60 to 70 million doses a month to about 100 million by July.

SII, the world’s largest vaccine producer, was struggling to keep up with the domestic requirements for vaccines even before India opened its vaccination drive to all adults from 1 May, with widespread reports of vaccine centres running out long before the end of the day.

The country of over 1.3 billion people the world’s biggest vaccination drive in January 2021, but so far only 1.5 per cent of its population is fully vaccinated and only 10 per cent have received their first jab. The expansion of the vaccination drive to all adults needs 1.6 billion doses.

The shortage meant that only six states were able to expand their rollouts fully on 1 May, with several including Maharashtra and Delhi delaying the move until more vaccine stocks arrived.

The virulence of the second wave in India has also spiralled into an economic crisis, with more states going under lockdown posing a threat to the country’s growth that had only just started picking up in recent months. Experts believe that boosting the vaccination drive could offer the Indian economy a chance to bounce back.

Mr Poonawalla, who was facing severe criticism, recently left for London to join his wife and children following what he called the threats from politicians and “powerful men” demanding quick delivery of the Covid-19 vaccine, reported The Times.

He told the Financial Times that his company’s image was maligned by the Indian government over the shortage and price of vaccines while saying it is the government that is responsible for that and not the company.

Mr Poonawalla said SII was unable to ramp up production because “there were no orders” from the government, saying that he had been “victimised very fairly and wrongly” for what amounted to the Modi administration’s failure to prepare in January while case numbers were still low.

“Everybody really felt that India had started to turn the tide on the pandemic,” he said.


India ordered 21 million doses from the Serum Institute of India but did not indicate when it would buy more. The government abruptly added an order for 110 million doses in March when there was a sudden spike in cases, and in April offered SII a loan to boast production once case numbers were into the hundreds of thousands daily.

SII’s jabs have accounted for nearly 90 per cent of doses administered in the country, while homegrown vaccine maker Bharat Biotech accounts for the rest.

The Indian government had allocated £3.41bn in its national budget in January 2021 for the Covid-19 vaccination programme.

Indian government's proposed "solution":

India asks WTO to suspend intellectual property rules for COVID vaccines

By Ashutosh Pandey | 04.02.2021

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The World Trade Organization (WTO) talks on a proposal by India and South Africa to temporarily suspend intellectual property (IP) rules related to COVID-19 vaccines and treatments hit a roadblock on Thursday after wealthy countries balked at the idea, Germany's dpa news agency reported.

The two developing countries say the IP waiver will allow drugmakers in poor countries to start production of effective vaccines sooner.

India and South Africa had approached the global trade body in October, calling on it to waive parts of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The suspension of rights such as patents, industrial designs, copyright and protection of undisclosed information would ensure "timely access to affordable medical products including vaccines and medicines or to scaling-up of research, development, manufacturing and supply of medical products essential to combat COVID-19," they said.

The proposal was vehemently opposed by wealthy nations like the US and Britain as well as the European Union, who said that a ban would stifle innovation at pharmaceutical companies by robbing them of the incentive to make huge investments in research and development. This would be especially counterproductive during the current pandemic which needs the drugmakers to remain on their toes to deal with a mutating virus, they argue.

The WTO talks are taking place as some wealthy countries face criticism for cornering billions of COVID shots — many times the size of their populations — while leaving poor countries struggling for supplies. Experts say the global scramble for vaccines, or vaccine nationalism, risks prolonging the pandemic.

"We have to recognize that this virus knows no boundaries, it travels around the globe and the response to it should also be global. It should be based on international solidarity," said Ellen 't Hoen, the director of Medicines Law & Policy — a nonprofit campaigning for greater access to medicines.

"Many of the large-scale vaccine manufacturers are based in developing countries. All the production capacity that exists should be exploited…and that does require the sharing of knowhow and the technology by those who have it in their hands," she told DW.

Not enough production capacity
Supporters of the waiver, which include dozens of developing and least-developed countries and NGOs, said the WTO's IP rules were acting as a barrier to urgent scale-up of production of vaccines and other much needed medical equipment in poor countries.

Those critical of India's and South Africa's proposal argue that suspension of patents would not address the production and shortage issues currently plaguing vaccination drives globally.

"Demands for a release of patent information relating to vaccines would not increase supply by a single dose in the short term because they overlook the complexity of vaccine manufacture and ignore the extent to which vaccine manufacturers and pharmaceutical companies and developing nations already cooperate in order to ramp up vaccination capacities," Thomas Cueni, the general director of the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA), told DW.

"The euphoria over the development of highly effective vaccines has somehow created the impression that once a vaccine has been developed, a billion doses can roll out of the factories at the push of a button. I think we need to be aware of just how complex and difficult vaccine manufacturing is," he said.

Unprecedented collaboration

While the WTO members agreed that there was an urgent need to ensure an equitable distribution of vaccines and drugs, and that too at a swift pace, they could not agree if an IP waiver was the best way to achieve that.

The pharmaceutical industry says it was witnessing an unprecedented level of collaboration among companies, including rival, to ensure a safe and swift access to vaccines to people around the globe. They point to AstraZeneca's deal with the world's largest vaccine maker, India's Serum Institute, and Johnson & Johnson teaming up with South Africa's Aspen Pharmacare to produce its yet-to-be-approved vaccine. In addition, they said German company Bayer has signed up to help produce Germany's CureVac's mRNA-based coronavirus vaccine, and Sanofi has agreed to help rival Pfizer with the production of its vaccine developed by BioNtech.

Then there is the WHO-backed COVID-19 Vaccine Global Access (COVAX) facility, funded through donations, to ensure fair global access to coronavirus vaccines. The facility plans to distribute 2 billion doses by the end of 2021, but has struggled to gain traction.

During the online WTO talks on Thursday, a South African trade diplomat blamed wealthy nations for current vaccine shortages, dpa reported, citing anonymous participants.

He said Western pharmaceutical companies had granted production licenses to a small number of firms, even though countries such as Cuba, Indonesia, Senegal and Thailand are also capable of making vaccines, the news agency reported.

https://m.dw.com/en/rich-countries-...s-bid-to-ban-covid-vaccine-patents/a-56460175

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UPDATE: Biden got roped in by Modi:



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My take: Ofcourse India would lead the charge, consider that they have become the world's largest pharmaceutical manufacturer by mass-producing generic copies of the medicines and vaccines developed in the West that are no longer under patent protection.

Now they are going one step further and ask the WTO to suspend the Intellectual Properties rights for the MRNA vaccines as well, in the name of humanity (and a healthy dose of profit selling innovations from the West - without any related R&D costs or licensing fees - to all the countries that don't have the capabilities to produce them).

Note: India already have the licenses to locally-produce the AstraZeneca, Johnson & Johnson, and Novavax vaccines, but their government chose to sit on their hands and didn't place orders with the Serum Institute of India until 2 months ago, when their country is already swirling down the Wave 2 toilet bowl.

Unsurprisingly, the countries where billions in public and private funding were invested into the COVID vaccines' research & development, building the advanced high-tech infrastructure for their mass production, and deliver them to the world in record time are resisting India's demand to get their intellectual property rights for free, arguing that:

1) suspending patents protection does absolutely NOTHING to improve the global supply chain, since very few facilities in the world (all of which are in the U.S and Europe) are advanced enough to produce cutting-edge MRNA vaccines,

2) The know-how required don't just fall out of the sky without the proper training, and

3) if there's no one willing to invest in innovations, there wouldn't be anymore innovations.
 
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Being such a serious global health isseu , the Covid vaccines shouldn't have patents. If anyone can produce it, it becomes cheap and can be produced in multiple countries, which is better for humanity as you want as many people vaccinated as possible.
 
Well, if it was developed with taxpayer dollars then it should be taxpayer owned and the profits distributed to taxpayers and not to the companies that manufactured it.
 
Well if India will sell these medicines at cost..minimum profit, to rest of the developing and poorer countries than I am for it. Why would anyone with a modicum of humanity want to horde a vaccine that would help curtail a world wide pandemic regardless of who did the R&D.
 
Well, if it was developed with taxpayer dollars then it should be taxpayer owned and the profits distributed to taxpayers and not to the companies that manufactured it.
Pfizer didn’t take any tax dollars IIRC anyways don’t know about Moderna
 
Pay a royalty to the manufacturer whose vaccine you're copying. The goal is to vaccinate as many as people as possible and for the companies to get their cut.

That's how it's being done right now. Virtually every vaccine innovator licensed them out to other countries capable of domestic production, and they make sure the regional partners' facilities meets all their quality and safety standards.

This request to the WTO is not about encouraging more licensing deals, but rather tossing them out.

i support india on this.

Im with Inidia on this one. If its for something stupid like ED meds, or HRT drugs let them keep their patents. But for something designed to help fight a pandemic? Fuck your patents, get that shit made.

Being such a serious global health isseu , the Covid vaccines shouldn't have patents. If anyone can produce it, it becomes cheap and can be produced in multiple countries, which is better for humanity as you want as many people vaccinated as possible.

It's already being produced in multiple countries for cheap.

Rich countries pay full price, while the same product are licensed out and produced locally at reduced prices for low-income countries. Have you already forgotten that India's own Serum Institute signed those lucrative deals with both AstraZeneca and Novavax that allowed them to make billions of doses for the developing world?

If you don't believe in that current licensing model, you better hope Indian innovation will be enough to come up with the cure for the next great disease in record time and give it away for free.
 
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this is an obvious good measure to take. biden should be forcing american companies to do so and allow labs all over the country to be making vaccines. its morally wrong to slow the production of vaccines in any way to allow for profit.

and lets not forget that when they give the cost of r and d on drugs that we, the taxpayers have payed and and do pay a portion of those costs. in this case with covid its time to give back.

none of this will happen of course.

edit-- ive been searching for a piece by the hill about this but cannot find it. they spoke of a number of measures biden could take right now that would greatly increase the speed at which the vaccine got out. one of them was the defense production act but there were others too.
 
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That's how it's being done right now. Virtually every vaccine innovator licensed them out to other countries capable of domestic production, and they make sure the regional partners' facilities meets all their quality and safety standards.

This request to the WTO is not about encouraging more licensing deals, but rather tossing them out.







Then I sure hope Indian innovation will be enough to come up with the cure for the next great disease in record time and give it away for free.
Good to know and thanks for the info.

I'm supposedly a commie leftist by some righties standards but I'm against suspending the royalty. It sets a precedent for future pandemics. You need the free market to remain motivated for developing a novel vaccine for when the next one hits. I'm with fair pricing for poorer nations so long as it is profitable.
 
They can buy it just like every other nation.
 
Pfizer didn’t take any tax dollars IIRC anyways don’t know about Moderna

Moderna (US company) has gotten about 2.5 Billion total (1.5 from Warp Speed) from the us government, but Bill Gates has supported Moderna for years preceeding Covid, which was used to fund the development of the mRNA platform used to create the mRNA lipid molecule and that is the reason they were able to ramp up so quickly.
There vaccine costs about $32/dose ($60/person)

Pfizer took nothing from Warp Speed, but also has the most delicate vaccine atm. I think they just bought the platform from BioNTech when they reached out in April 2020. Cheaper @ $13/dose (26/person)

There are much cheaper options, but they also happen to be a lot less effective, especially against the newer variants.
J&J vaccine effort got 1.5 Billion, and it's a bit of a dog.
GSK/Sanofi got 2 Billion, and their first effort was scrapped because it work worth a shit. A 2Billion dollar nothing burger...They claim that they will be trialing an updated version of their vaccine soonish, but no guarantees that IT will be worth a shit.
 
Pfizer didn’t take any tax dollars IIRC anyways don’t know about Moderna
Moderna definitely did.

They can buy it just like every other nation.
It's in the interest of first world nations to help them buy it, though. The more Covid is out there, the faster the mutations will come.
 
Moderna definitely did.


It's in the interest of first world nations to help them buy it, though. The more Covid is out there, the faster the mutations will come.
survival of the fittest is not always the best policy. cant believe some of the attitudes people have about this.
 
Being such a serious global health isseu , the Covid vaccines shouldn't have patents. If anyone can produce it, it becomes cheap and can be produced in multiple countries, which is better for humanity as you want as many people vaccinated as possible.

But Muhh CaPutalism
 
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