When it comes to the coronavirus pandemic, if there is one thing that world leaders agree on, it is that no one is fully protected until we all are.
Despite this , they are struggling to reach a consensus on how to boost vaccine production given the huge difference between vaccination rates in advanced and poorer nations.
This week, The United States expressed support for a temporary lifting of patents on vaccines. But some countries resist this possibility, insisting that there are better options.
1. What is the dispute?
Medicines and other inventions are covered by patents that provide legal protection for prevent them from being copied. Vaccines are no exception.
Patents give manufacturers the rights to their discoveries, as well as the means to make money from them, providing an incentive to foster innovation.
But these are not normal times.
Last fall, a group of developing nations led by India and South Africa proposed to the World Trade Organization (WTO) that patents on vaccines and other items related to the coronavirus should be exempted from this protection .
They argued that, given the extreme nature of the pandemic, the prescription for these life-saving injections should be widely available for other manufacturers can mass produce them locally.
2. What is the problem?
The proposals were met with immediate criticism from pharmaceutical companies and Western nations, including the European Union, the United Kingdom, and initially the United States.
Most of the costs involved in creating vaccines occur during the research and development stage: the manufacturing part tends to cost less .
The obvious objection to the lifting of patents is that it could erode revenue and deter innovation.
3. Is it just a question of money?
And no, it is not just a question of money. The exemption would be temporary and some manufacturers such as AstraZeneca are offering the vaccines at cost price.
The key argument from vaccine producers and their countries of origin to oppose this possibility is that waiving patents alone would not solve much .
It would be, they say, like delivering a recipe without ingredients or instructions.
4. What are the risks of releasing patents?
The patent covers the fundamentals of the project, but not the precise production process instructions.
That’s crucial here. MRNA-type vaccines, such as those from Pfizer and Moderna, use very sophisticated new technology and only a small number of people know how to produce them.
BioNTech, the German company that partnered with Pfizer, has said that developing the production process took a decade and verifying production sites can take up to a year. The availability of the necessary raw materials has also been a problem.
Pharmaceutical industry representatives fear that without access to all technical know-how and parts, an exemption could lead to quality, safety and efficacy issues, and possibly even counterfeits.
They point out that Moderna has already said that it will not prosecute those who infringe its patent, but no one has done so yet.
5. What is the alternative?
The EU says it is ready to speak, but previously said the best A short-term solution would be to improve the supply chain and pressure richer countries to export more vaccines.
The UK claims it is one of the largest donors to Covax, the international mechanism it is running the distribution of vaccines in many poorer countries. He also favors voluntary licenses, such as collaborations between the Serum Institute of India and Oxford-AstraZeneca.
He wants the WTO, which oversees the rules of world trade, to support the establishment of more associations of this kind.
The WTO system allows this licensing arrangement to go even further.
Governments can impose compulsory licenses on vaccine manufacturers , forcing them to share their knowledge and supervising the production process along the way. But those pharmaceutical companies would have to be compensated for doing so.
6. Why did the United States change its mind?
US President Joe Biden said Wednesday his support to release the patents in an apparent change of position with respect to the initial position of his country.
The announcement came after the United States Trade Representative, Katherine Tai, met with major vaccine manufacturers in an effort to boost vaccine production.
But some trade specialists must have wondered if that move could be a negotiating tactic to persuade manufacturers of vaccines to cooperate more with licensing, as Either voluntarily or for a reduced price.
7. What is the next step?
Now, the discussions must continue in the WTO where decisions are made by consensus.
Without the backing of other key nations, proposals can stall. And in fact, Germany has already expressed its opposition to the measure.
In any case, the discussion may also pave the way for a compromise that could boost production.
The key question is when and how big that push would be.
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