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What’s yours is ours: waiving intellectual property protections for COVID-19 vaccines
  1. Nancy S Jecker1,2,
  2. Caesar A Atuire3,4
  1. 1 Department of Bioethics & Humanities, University of Washington School of Medicine, Seattle, Washington, USA
  2. 2 Department of Philosophy, University of Johannesburg, Auckland Park, Gauteng, South Africa
  3. 3 Department of Philosophy and Classics, University of Ghana, Accra, Accra, Ghana
  4. 4 All Souls College, University of Oxford, Oxford, Oxfordshire, UK
  1. Correspondence to Dr Nancy S Jecker, Department of Bioethics & Humanities, University of Washington School of Medicine, Seattle, Washington, USA; nsjecker{at}uw.edu

Abstract

This paper gives an ethical argument for temporarily waiving intellectual property (IP) protections for COVID-19 vaccines. It examines two proposals under discussion at the World Trade Organization (WTO): the India/South Africa proposal and the WTO Director General proposal. Section I explains the background leading up to the WTO debate. Section II rebuts ethical arguments for retaining current IP protections, which appeal to benefiting society by spurring innovation and protecting rightful ownership. It sets forth positive ethical arguments for a temporary waiver that appeal to standing in solidarity and holding companies accountable. After examining built-in exceptions to existing agreements and finding them inadequate, the paper replies to objections to a temporary waiver and concludes, in section III, that the ethical argument for temporarily waiving IP protection for COVID-19 vaccines is strong.

  • COVID-19
  • ethics
  • allocation of health care resources

Data availability statement

There are no data in this work.

This article is made freely available for use in accordance with BMJ’s website terms and conditions for the duration of the covid-19 pandemic or until otherwise determined by BMJ. You may use, download and print the article for any lawful, non-commercial purpose (including text and data mining) provided that all copyright notices and trade marks are retained.

https://bmj.com/coronavirus/usage

https://doi.org/10.1136/medethics-2021-107555

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    Data availability statement

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    Footnotes

    • Twitter @atuire

    • Contributors Each author contributed substantially to the conception and analysis of the work; drafting the work or revising it critically; final approval of the version to be published and is accountable for all aspects of the work.

    • Funding The authors have not declared a specific grant for this research from any funding agency in the public, commercial or not-for-profit sectors.

    • Competing interests None declared.

    • Provenance and peer review Not commissioned; externally peer reviewed.

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