Chronicle of a foretold death: Intellectual property of the covid-19 vaccine Propiedad intelectual de la vacuna COVID-19, crónica de una decisión anunciada

Abstract

This article reviews initiatives on intellectual property management for vaccines and other health products related to COVID-19. It delves into the analysis of the discussion of the exemption of the Member’s duties under the TRIPS agreement, within the WTO. Arguments in favour of the waiver focus on the need to facilitate access to essential medicines and health technologies, while arguments against are based on concerns about effectiveness, legality and possible negative effects on innovation and growth of the health technology sector. It is concluded that the final decision did not have a significant impact on the manufacturing or access to vaccines, raising questions about whether the decision was too late during the pandemic and whether its terminology and wording could hinder its effective application. The validity, relevance and impact of the decision will depend on the continued need to ensure affordable global access to vaccines.