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From Vaccines to Unequal Vaccinations – International IP Law Perspective on the Global Distribution of Covid-19 Vaccines

Opinnäytetyöt 1.7.2022, Gradut ja muut tutkielmat

Ever since 2020, COVID-19 has influenced our lives in many foundational ways but also has brought with it multiple life-changing inventions, among which was the first-ever mRNA technology-based vaccine. This thesis examines the international intellectual property (IP) law framework from the perspective of COVID-19 vaccines. After determining the relevant international IP framework, the thesis investigates the influence of these policies on the global distribution of COVID-19 vaccines. Finally, the thesis discusses whether current international IP policies are adequate and in what way they should be amended to better prepare for future health crises.

The research finds that international IP law in connection to medical inventions, especially pharmaceutical patents, constitutes a fundamental tension between human rights and economic development and between innovation incentivization and public health. These tensions have been highlighted even more during the pandemic in relation to COVID-19 vaccines. However, international IP norms themselves do not prohibit equal vaccine access but rather argue for interpreting IP norms in ways that promote public health. Regardless, COVID-19 vaccines have not been equally distributed across the world.

Therefore, while international IP regulation has partly negatively affected the global access to COVID-19 vaccines, the distributional inequalities have not merely been a matter of written international IP law or policies, but rather have stemmed from other underlying factors such as economic interests relating to patents and their licensing, and negotiation power of different stakeholders, just like in the past with the HIV/AIDS pandemic. Thus, to better prepare for future crises, concrete action must be taken toward helping developing countries build up their domestic manufacturing capacity and promoting faster and less reluctant IP and technology sharing and global technology transfer.
(Edilex-toimitus)

Asiasanat
• Covid-19 - Ihmisoikeudet - Immateriaalioikeus - Kansanterveys