دورية أكاديمية

Intellectual Property and the Politics of Public Good during COVID-19: Framing Law, Institutions, and Ideas during TRIPS Waiver Negotiations at the WTO.

التفاصيل البيبلوغرافية
العنوان: Intellectual Property and the Politics of Public Good during COVID-19: Framing Law, Institutions, and Ideas during TRIPS Waiver Negotiations at the WTO.
المؤلفون: Fischer, Sara E., Vitale, Lucia, Agutu, Akinyi Lisa, Kavanagh, Matthew M.
المصدر: Journal of Health Politics, Policy & Law; Feb2024, Vol. 49 Issue 1, p9-42, 34p
مصطلحات موضوعية: INTERNATIONAL relations -- Law & legislation, COMMERCIAL law, INSTITUTIONAL cooperation, PRACTICAL politics, NEGOTIATION, PUBLIC health, INTELLECTUAL property, CONCEPTUAL structures, QUALITATIVE research, CONTENT analysis, THEMATIC analysis, COVID-19 pandemic, GROUP process
مستخلص: Context: To facilitate the manufacturing of COVID-19 medical products, in October 2020 India and South Africa proposed a waiver of certain intellectual property (IP) provisions of a World Trade Organization (WTO) agreement. After nearly two years, a narrow waiver agreement that did little for vaccine access passed the ministerial despite the pandemic's impact on global trade, which the WTO is mandated to safeguard. Methods: The authors conducted a content analysis of WTO legal texts, key-actor statements, media reporting, and the WTO's procedural framework to explore legal, institutional, and ideational explanations for the delay. Findings: IP waivers are neither legally complex nor unprecedented within WTO law, yet these waiver negotiations exceeded their mandated 90-day negotiation period by approximately 18 months. Waiver opponents and supporters engaged in escalating strategic framing that justified and eventually secured political attention at head-of-state level, sidelining other pandemic solutions. The frames deployed discouraged consensus on a meaningful waiver, which ultimately favored the status quo that opponents preferred. WTO institutional design encouraged drawn-out negotiation while limiting legitimate players in the debate to trade ministers, empowering narrow interest group politics. Conclusions: Despite global political attention, the WTO process contributed little to emergency vaccine production, suggesting a pressing need for reforms aimed at more efficient and equitable multilateral processes. [ABSTRACT FROM AUTHOR]
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قاعدة البيانات: Complementary Index
الوصف
تدمد:03616878
DOI:10.1215/03616878-10910269