Biden and Vaccines: A Big Step

Washington’s support for patent liberalization is an admirable milestone in the fight against the pandemic.

With the decision to support the temporary suspension of patents in order to ensure the global distribution of vaccines against COVID-19, U.S. President Joe Biden has taken a significant step, with the potential to give a great boost to the fight against this pandemic and set a precedent for future global health emergencies. This change breaks the blockade of the most developed countries on patents and represents a powerful sign of Biden’s willingness to put U.S. leadership at the service of human progress. The catastrophic evolution of the pandemic in India has probably facilitated the change.

The temporary exemption of intellectual property rights on vaccines was proposed by India and South Africa to the World Trade Organization in October, is claimed by the director of the World Health Organization and has obtained the adherence of 100 governments. But it still suffers the opposition of countries with great importance in the production of vaccines. The change in the position of the United States represents a turning point and has already had a consequence: the European Union shows willingness to debate the issue. The EU is the largest producer of vaccines; unlike the U.S., which has retained all that it produced and already has 56% of the adult population vaccinated, it has been much more supportive and has allowed the export of millions of doses. Biden’s brave step now leaves the EU lagging behind in an initiative of enormous importance — and global relevance. In the process, the Europeans enter divided, with the cautious willingness to negotiate of Brussels, the firm rejection of Germany and, in a notable gesture, the explicit support of the Spanish government.

There is no room for naivety. The way to a real increase in production is hard. Agreements in the WTO are reached by consensus and reaching it in this case may take time, or be impossible. The reluctance of the pharmaceutical industry and of some of the countries that have contributed the most to research, such as Germany, to share technologies with countries that have shown little respect for intellectual property are understandable. The lack of investment in research is a strong reason. But the extraordinary circumstances of the pandemic call for extraordinary solutions. In the process that is now opening in the WTO, the EU should support the search for smart liberalization commitments with a proactive attitude. The biggest obstacle will undoubtedly be technology transfer, of enormous strategic importance in the case of messenger RNA. But there can be agreements that prevent misuse of the most sensitive aspects, as well as setting compensation mechanisms.

It is true that there are other ways to increase production. The pharmaceutical companies holding the patents have reached agreements with other companies to increase capacity, a path that needs to be further developed. But by now they are far from being able to guarantee the necessary amount. The gravity of the situation demands the exploration of liberalization. Furthermore, it is of general interest. No one is really safe until everyone is vaccinated. If science has achieved the milestone of obtaining vaccines in less than a year, it must be possible to find formulas that allow the benefits of that achievement to be extended to all mankind.