‘No-one is Safe Until Everyone is Safe’ – Patent Waiver, Compulsory Licensing and COVID-19

Recent months have seen intensified global calls for an intellectual property waiver of COVID-19 related vaccines, treatments and products. Where one side the debate elevates Intellectual Property Rights as on obstacle to affordable expeditious access vaccines treatments, other points existing TRIPS flexibilities such compulsory licensing, necessity future innovation well factors manufacturing capacity know-how being greater importance. This dualistic approach risk ignoring manifold law, economics, policy nuances inherent in intersection law Right-to-Health, health policy. A balanced guided by real world indicators regarding economics pharmaceutical innovation, procedural feasibility licensing legal applicability IPR is needed. Thus, key understanding current debates lies a holistic ratio legis rights, The inducing facets monopoly interconnected profits, need be against public rationales but also IPRs, which focuses maximizing societal welfare. After introduction framing background unequitable paving way patent Article proceeds follows. Section II briefly sketches main contours right-to-health rights from perspective. III details legal, historical international codification patents instrument within agreement, some instances during COVID-19. IV recounts proposal at Council arguments proposal. V concludes with reflections balance between