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Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic

Helen Yu

Intellectual Property Rights in Times of Crisis, Pages: 83 - 103

Swansea University Author: Helen Yu

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DOI (Published version): 10.4337/9781035323579.00009

Abstract

Over three years after the global outbreak of a coronavirus pandemic (COVID-19), the World Health Organization has finally declared that “COVID-19 is no longer a public health emergency of international concern”. However, based on the recent past negotiations of the World Trade Organization leading...

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Published in: Intellectual Property Rights in Times of Crisis
ISBN: 9781035323562 9781035323579
Published: Edward Elgar Publishing 2024
URI: https://cronfa.swan.ac.uk/Record/cronfa70609
first_indexed 2025-10-08T16:02:14Z
last_indexed 2025-11-18T10:06:18Z
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spelling 2025-11-17T13:22:32.2370740 v2 70609 2025-10-08 Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic 3fa8e58607d4949e7d0d3fa8fa1c2f7d Helen Yu Helen Yu true false 2025-10-08 CBAE Over three years after the global outbreak of a coronavirus pandemic (COVID-19), the World Health Organization has finally declared that “COVID-19 is no longer a public health emergency of international concern”. However, based on the recent past negotiations of the World Trade Organization leading up to the temporary waiver of intellectual property (IP) rights on COVID-19-related health innovations, the likelihood of achieving an effective and agreeable structure to remove IP barriers through negotiating a broader IP waiver or expansion of the compulsory licensing framework, or through concluding a meaningful pandemics preparedness treaty, is rather slim. A more pragmatic approach to ensure that outcomes of publicly funded efforts can ultimately reach the intended public is to incorporate legally supported access and production conditions into publicly funded initiatives designed to drive rapid development of innovative solutions and accelerate regulatory approval. Informed by policy objectives such as principles of “responsible research and innovation” and “global public good,” worldwide supplies to medical solutions that benefited from public funds and publicly funded initiatives cannot be frustrated. This chapter will examine how the issue of IP rights was dealt with in response to the COVID-19 pandemic, why the current solutions are still problematic, and conclude with legally supported recommendations that can be adopted in the future to mitigate against the access and availability problems society continues to face. Book chapter Intellectual Property Rights in Times of Crisis 83 103 Edward Elgar Publishing 9781035323562 9781035323579 Return of benefit to society; Responsible research and sustainable innovation; Health policy; Pandemic preparedness; Legally supported framework for access and availability to medical solutions; Conditional access to publicly funded initiatives 20 2 2024 2024-02-20 10.4337/9781035323579.00009 COLLEGE NANME Management School COLLEGE CODE CBAE Swansea University 2025-11-17T13:22:32.2370740 2025-10-08T11:14:58.8095924 Faculty of Humanities and Social Sciences School of Management - Business Management Helen Yu 1
title Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
spellingShingle Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
Helen Yu
title_short Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
title_full Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
title_fullStr Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
title_full_unstemmed Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
title_sort Proactively ensuring access to essential medical solutions: Lessons learned from the COVID-19 pandemic
author_id_str_mv 3fa8e58607d4949e7d0d3fa8fa1c2f7d
author_id_fullname_str_mv 3fa8e58607d4949e7d0d3fa8fa1c2f7d_***_Helen Yu
author Helen Yu
author2 Helen Yu
format Book chapter
container_title Intellectual Property Rights in Times of Crisis
container_start_page 83
publishDate 2024
institution Swansea University
isbn 9781035323562
9781035323579
doi_str_mv 10.4337/9781035323579.00009
publisher Edward Elgar Publishing
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str School of Management - Business Management{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}School of Management - Business Management
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description Over three years after the global outbreak of a coronavirus pandemic (COVID-19), the World Health Organization has finally declared that “COVID-19 is no longer a public health emergency of international concern”. However, based on the recent past negotiations of the World Trade Organization leading up to the temporary waiver of intellectual property (IP) rights on COVID-19-related health innovations, the likelihood of achieving an effective and agreeable structure to remove IP barriers through negotiating a broader IP waiver or expansion of the compulsory licensing framework, or through concluding a meaningful pandemics preparedness treaty, is rather slim. A more pragmatic approach to ensure that outcomes of publicly funded efforts can ultimately reach the intended public is to incorporate legally supported access and production conditions into publicly funded initiatives designed to drive rapid development of innovative solutions and accelerate regulatory approval. Informed by policy objectives such as principles of “responsible research and innovation” and “global public good,” worldwide supplies to medical solutions that benefited from public funds and publicly funded initiatives cannot be frustrated. This chapter will examine how the issue of IP rights was dealt with in response to the COVID-19 pandemic, why the current solutions are still problematic, and conclude with legally supported recommendations that can be adopted in the future to mitigate against the access and availability problems society continues to face.
published_date 2024-02-20T05:31:14Z
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score 11.089386

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