The deadly side effect of the COVID-19 IP waiver on trade secrets

An Expert View on the pros and cons of intellectual property (IP) protections in the pharmaceutical sector from White & Case partners' competition lawyer, James Killick, chairman of the firm’s IP practice, Anita Varma, and associate and member of the Global Competition practice group, Alexander Krois.

As the COVID-19 pandemic continues to spread around the world, countries and global organizations are looking for ways to promote the distribution and rollout of vaccines and treatments.

Many activists have taken the position that the World Trade Organization’s (WTO) rules on intellectual property (IP) limit the access low and middle-income countries have to life saving drugs.1 Developing countries, led by India and South Africa, have proposed a waiver of IP rights as a “cure” for such access.