Global Competition on the Waiver of IP Rights of COVID-19 Vaccines - Focusing on the Theory of Complex Geopolitics

This article delves into the international competition for COVID-19 vaccine patents, focusing on the tensions between policies and systems, cyber diplomacy for solidarity, and security discourse. These aspects are examined through the lens of the Complex Geopolitics theory, which encompasses technological changes. Firstly, concerning security discourse, apprehensions arose regarding the potential transfer of vaccine technology from holders and companies, particularly from the United States, to Russia and China. The concept of Friction between Policies and Systems pertains to the distribution and accessibility policies for vaccines. Specifically, the discourse on compulsory licensing under TRIPs Article 31 and Article 5A of the Paris Agreement has led to a division between central and peripheral countries. In addition to compulsory licensing, France, Russia, China, and other third countries advocated for a straightforward waiver of patent rights. However, Germany and Italy argued that such a waiver would not effectively prevent global pandemics. Lastly, Diplomacy for Solidarity reveals that although the COVID-19 vaccine deliberations prompted diplomatic maneuvers by major powers to secure vaccine alliances, instances of solidarity diplomacy regarding vaccine patents are rare. Notwithstanding, notable examples include the R&D investments between the Austrian and Danish heads of government, as well as the Inclusive Vaccine Alliance comprising Italy, Germany, France, and the Netherlands. Regrettably, these efforts seem more focused on equitable vaccine access rather than patent waiver and/or compulsory licensing. Thus, we confront an imperative time to delve deeper into the discussion of the "third way" advocated by the WTO Director-General.