THE CONUNDRUM OF PATENT WAIVERS ON COVID-19 VACCINES: A CRITICAL ANALYSIS OF SOUTH AFRICA, INDIA, AND WTO’S POSITION
THE CONUNDRUM OF PATENT WAIVERS ON COVID-19 VACCINES: A CRITICAL ANALYSIS OF SOUTH AFRICA, INDIA, AND WTO’S POSITION Shruti Sinha, Pursuing LL. M in Constitutional Law from Gujarat National Law University (GNLU) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.43 The COVID-19 pandemic underscored the critical need for universal vaccine access, bringing renewed attention to the contentious issue of patent waivers for COVID-19 vaccines. This paper offers a comprehensive and balanced examination of the debate surrounding vaccine patent waivers, with particular focus on the positions of South Africa, India, and the World Trade Organization (WTO). It begins by tracing the evolution of pharmaceutical patent rights and their influence on vaccine accessibility. The analysis then delves into the motivations behind the waiver proposals by South Africa and India, highlighting the socio-economic and public health factors that drive their advocacy. The discussion further explores the WTO’s role in mediating this debate, illustrating the complex dynamics between international trade regulations and global health emergencies. By integrating legal, economic, and public health perspectives, the paper provides a nuanced understanding of the potential implications of patent waivers on vaccine equity, innovation, and future pandemic preparedness. It seeks to illuminate how temporary suspension of intellectual property protections may affect the global distribution of vaccines, balancing the need for innovation with the imperative of equitable access. Ultimately, this research contributes to the broader discourse on the intersection of intellectual property, global trade, and public health in crisis contexts, offering insights for policymakers, scholars, and stakeholders navigating the challenges of ensuring global health security in an interconnected world.