Intellectual Property and Vaccine Manufacturing : Utilising Existing TRIPS Agreement Flexibilities for COVID-19 and other Public Health Crises

Equitable access to COVID-19 vaccines is essential to ameliorating the coronavirus pandemic's grave social and economic impact. Despite the rapid development and global increase in the production of vaccines, gross inequities are likely to continue. An effective pandemic response requires mapping current and projected future needs for vaccines and other essential health products, and diversifying their production and distribution accordingly. Some suggest that intellectual property (IP) rights protections are a significant barrier to such diversification. This article focuses on existing IP flexibilities and identifies practical options for utilising them in increasing and diversifying the manufacture and distribution of COVID-19 vaccines. To provide inclusive, timely and pragmatic policy and legal recommendations, the article provides guidance on the full scope of flexibilities currently available across several categories of IP rights by contrasting the international principles established under the TRIPS Agreement with actual practice in a range of domestic jurisdictions