Explain India's position on the waiver of intellectual property rights on COVID-19 vaccines in WTO.

Initial Support and Rationale

Initially, India strongly advocated for the TRIPS waiver, arguing that intellectual property barriers hindered the rapid scaling up of vaccine production and equitable distribution, especially for low- and middle-income countries. The rationale was rooted in the principle of ‘vaccine equity’ and the need to address the global health crisis effectively. India, as a major vaccine producer, believed that suspending patent rights would allow more manufacturers to produce vaccines, increasing supply and lowering costs.

Shift in Position: From Waiver to Amendment

By late 2021 and early 2022, India began to shift its position. This change was driven by several factors:

• Growing Vaccine Production Capacity: India emerged as a significant vaccine manufacturer, particularly through the Serum Institute of India (SII), which produced the AstraZeneca vaccine (Covishield). This capacity reduced India’s reliance on imported vaccines and lessened the urgency for a complete waiver.
• Concerns about Future Pandemic Preparedness: India became concerned that a complete waiver could disincentivize innovation and investment in research and development for future pandemics. A permanent weakening of IP protection was seen as detrimental to the long-term health security.
• Negotiating Leverage: India sought to leverage its position as a vaccine producer to secure favorable trade terms and access to technology.

Consequently, India started advocating for a more targeted approach – an amendment to the TRIPS Agreement rather than a full waiver. This amendment would focus on facilitating vaccine production for export to developing countries, while still protecting intellectual property rights for research and development.

The Modified Proposals and India’s Current Stance

Several modified proposals were put forward at the WTO, including one by the European Union and another by India and South Africa. The EU proposal offered a limited waiver focused on compulsory licensing for exports, while the India-South Africa proposal sought a broader, but still limited, suspension of certain TRIPS provisions.

In June 2022, the WTO reached a compromise agreement, known as the ‘TRIPS Decision’. This decision allows developing countries to issue compulsory licenses for the production of COVID-19 vaccines without the need for negotiations with patent holders. However, it includes several limitations:

• It applies only to vaccines and not to therapeutics or diagnostics.
• It primarily benefits countries with limited or no vaccine manufacturing capacity.
• It requires countries to demonstrate that they have exhausted all other options before issuing compulsory licenses.

India played a crucial role in brokering this agreement, balancing its commitment to vaccine equity with its concerns about protecting intellectual property. India has expressed satisfaction with the TRIPS Decision, viewing it as a step towards ensuring access to vaccines while safeguarding innovation.

India’s Domestic Context

India’s stance was also influenced by its own domestic intellectual property regime. India has a robust system of compulsory licensing under its Patents Act, 1970, which allows the government to authorize the use of patented inventions without the patent holder’s consent in certain circumstances, such as public health emergencies. This existing framework provided India with a degree of flexibility in addressing the pandemic.