WTO releases report on global intellectual property system and COVID-19

The note recognizes that facilitating up-to-date information and maximum transparency on legal and policy measures taken in the field of IP in response to the pandemic is in the mutual interest of all stakeholders.

The WTO Secretariat has published a new information note about how the global intellectual property (IP) system relates to the COVID-19 pandemic and potential contributions it could make to efforts to address it. The note provides an overview of IP-related measures taken by WTO members and other stakeholders since the start of the crisis.

The paper highlights that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) represents the most comprehensive multilateral agreement on IP, and provides a framework in which much-needed innovation in relation to COVID-19 can be encouraged, shared and disseminated, while balancing rights and obligations.

Under this framework, the way in which the global IP system is designed and implemented can be a significant factor in facilitating access to existing technologies and in supporting the creation, manufacturing and dissemination of new technologies. This includes access to protective equipment, contact tracing software, diagnostics, as well as vaccines and treatments yet to be developed which will be fundamental to effectively respond to the COVID-19 crisis.

The IP system can also support collaboration and cooperation among health technology developers, governments and other stakeholders, and the implementation of a number of initiatives addressing the voluntary sharing and pooling of IP rights (IPRs), thus responding to the spirit of collaboration that is required for the global effort to tackle the COVID-19 pandemic.

The report points to the range of policy options available under the TRIPS Agreement to deal with public health issues, such as compulsory licensing and government use of a patent without the authorization of its owner under a number of conditions aimed at protecting the legitimate interests of the patent holder. It underscores that the response to the COVID-19 pandemic has led national and regional IP offices to take initiatives to expedite or simplify their administration of the IP system, especially concerning patents and trademarks, and to provide practical support for firms seeking to develop products of potential benefit in combating the pandemic.

While much public health policy attention has focused on the patent system as a key element of the system for innovation and dissemination of medical technologies, the report notes that other areas of IP covered by the TRIPS Agreement are also significant, such as the protection of trade secrets and clinical trial data, a well-run trademark system and a balanced copyright system that takes due account of the interests of rights holders and the public to access copyright-protected works.

The note recognizes that facilitating up-to-date information and maximum transparency on legal and policy measures taken in the field of IP in response to the pandemic is in the mutual interest of all stakeholders. The aim is supporting governments and economic operators to keep abreast in a rapidly evolving trade landscape as well as to promote much-needed clarity and enable mutual learning.

The paper is intended to provide a factual background resource for members and to serve as a reference for use in practical technical assistance activities. Updated lists of IP measures undertaken by governments in the context of COVID-19 are available on the WTO's COVID-19 webpage and the WIPO COVID-19 IP Policy Tracker.