Rethinking Intellectual Property in Public Health Crises

Huiying Lu ()
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Huiying Lu: Shanghai University of Political Science and Law

A chapter in Proceedings of the 2025 International Conference on Financial Risk and Investment Management (ICFRIM 2025), 2025, pp 742-752 from Springer

Abstract: Abstract The COVID-19 pandemic exposed major flaws in the global intellectual property system governed by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, particularly in its ability to address global health emergencies. These shortcomings highlight the ongoing tension between protecting intellectual property rights and ensuring equitable access to life-saving medical technologies, especially for low- and middle-income countries (LMICs). This study examines the impact of the TRIPS Agreement on public health and evaluates the TRIPS waiver, proposed during the pandemic, as a potential solution to these challenges. Using case analysis, comparative studies, and a literature review, the paper explores key provisions of the TRIPS Agreement, including Articles 27, 28, 31, and 31bis. It investigates how these provisions have influenced responses to global health crises and critically examines the TRIPS waiver’s role in addressing vaccine inequities by allowing countries to bypass patent-related barriers and foster international collaboration. The findings show that, while the TRIPS waiver introduces important flexibilities, it does not fully address deeper structural challenges. These include limited technology transfer and insufficient manufacturing capacity in LMICs. The study concludes that achieving a balance between intellectual property protections and public health priorities requires broader reforms. These reforms should focus on strengthening global cooperation, improving technology sharing, and enhancing infrastructure. Such measures are critical for creating a more equitable global health governance system.

Keywords: TRIPS; TRIPS Waiver; COVID-19 Pandemic (search for similar items in EconPapers)
Date: 2025
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DOI: 10.2991/978-94-6463-748-9_82

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