COVID-19 Pandemic and medicine monopolies

COVID pandemic exposed how medicine monopolies delayed access to vaccines and treatments

During the COVID pandemic 2020-22, AFTINET campaigned on the issue of access to pandemic-related medicines. COVID has demonstrated the limitations of the global health system and the Intellectual WTO Property (IP) regime that shaped the global response to the pandemic. IP rules gave a few pharmaceutical companies twenty-year patents on new COVID vaccines, which meant they controlled both the quantity and prices. Most vaccines were sold to high-income countries at high prices. This resulted in long delays in access to vaccines for low and low-middle income countries leading to lower vaccination rates. There was even less access to treatments when they became available.

Developing countries in October 2020 proposed a temporary waiver of WTO IP rules to share intellectual property and enable global production of more vaccines and treatments at affordable prices for low- and middle-income countries. AFTINET worked with a broad coalition of public health, union, aid and development and human rights organisations to generate public support for this proposal and to lobby the Australian government to support it. We commissioned a survey which showed that most Australian supported the temporary waiver and organised a petition with 50,000 signatures, organised rallies exposing pharmaceutical companies’ profiteering, and pressured the government and opposition parties to state publicly that they would support the waiver. However, at the WTO negotiations the government took a neutral stance, trying to broker a compromise between supporters and opponents of the waiver.

The waiver proposal was delayed for over 18 months by rich countries, lobbied by pharmaceutical companies, until the peak of the pandemic was over. The June 2022 WTO Ministerial decision on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) was a watered-down version of the waiver originally proposed which had little effect and applied only to vaccines. A decision on COVID treatments and other pandemic-related products was postponed and has still not been made.

In early 2022, for every dose of mRNA vaccine delivered to low-income countries, 56 were delivered to rich countries. Vaccination rates in low-income countries were less than 20% by January 2022, and were still only at 32% in September 2023. These delays contributed to the estimated 17.2 million deaths due to COVID, the majority of which were in low- and low-middle income countries.

The World Health Organisation is now negotiating a Pandemic Agreement to apply to future pandemics, which is intended to learn from the mistakes of the COVID pandemic. AFTINET is lobbying the Australian government to support temporary waivers on monopolies and other actions to share intellectual property and technology for all pandemic-related products, to ensure more equitable access for low- and middle-income countries.  See our submission below.

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Updated September 2023.

First ISDS case over COVID-19 pandemic regulation lodged against Chile

September 15, 2022: The first known Investor-State Dispute Settlement (ISDS) claim concerning COVID-19 pandemic-related regulation was registered by French airport operating companies ADP International and Vinci Airports in August 2021 against Chile. The companies are arguing that Chile’s decision to close its borders during the height of the pandemic cost them US$37 million.

Australian vaccine production hub should share technology and know-how for global vaccine justice

August 16, 2022: Yesterday the Australian and Victorian governments announced a 10 year contract for public funding for pharmaceutical company Moderna  to partner with Monash University to produce mRNA vaccines in Australia.

The manufacturing project aims to protect Australians against future pandemics, support local industry and create highly skilled local jobs, all of which are welcome goals. The project follows a separate research initiative of  Monash University and the Doherty Institute which is conducting clinical trials for a new generation vaccine designed to protect against the Omicron variant.

Civil society urges more government action for equitable global access to COVID medical products

MEDIA RELEASE   August 9, 2022: National fair trade, public health, human rights and aid and development organisations have written to the Trade Minister and other relevant ministers urging them to take further action to address the continuing shocking global inequity of access to Covid 19 vaccines treatments and other products. While over 80% of people in Australia have had two vaccination, and treatments are now available, only 20% in low income countries have had one vaccination and there is even less access to treatments.

Health experts warn global COVID vaccine inequity persists as Australia has surplus of millions

July 18, 2022: The ABC reports that over the last two years, the  Federal government purchased 255 million vaccines from four pharmaceutical companies, with 60 million administered around the country, and roughly 40 million doses donated around the Indo-Pacific region. Even with the expected increased uptake of third and fourth doses over winter, Australia may have a surplus of over 100 million doses, some of which are due to expire.

Civil society groups say WTO decision on COVID-19 monopolies is weak and unworkable

Media Release                                                                                                      June 17, 2022

After nearly two years of delay, the World Trade Organisation (WTO) Ministerial Conference has produced a weak decision on COVID-19 medicine monopolies which covers only vaccines, excludes non-patent intellectual property barriers, and contains restrictions which are more onerous than some existing WTO rules. This condemns the world’s most vulnerable people to inequitable access to vaccines and treatments. They will continue to die in greater numbers than those lucky enough to live in high income countries.

Media Release: Civil society groups urge new government to support strong action on COVID-19 medicine monopolies at WTO meeting

6 June, 2022: Civil society groups say a new draft text supported by the EU should be rejected because it covers only vaccines, excluding treatments and tests. It also fails to address all forms of intellectual property, restricts the countries which can make use of it, and has onerous requirements which are worse than existing WTO rules

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