International Copyright Flexibilities for Prevention, Treatment and Containment of COVID-19

Abstract

Most policymaking attention with respect to intellectual property barriers toCOVID-19 prevention, treatment and containment has been focused on patents.This focus is reflected in the World Trade Organisation (WTO) Ministerial Decisionon the TRIPS Agreement, adopted on 17 June 2022, which provides a limited waiverof TRIPS rules on compulsory licences for production of COVID-19 vaccines. Theoriginal WTO proposal for a TRIPS waiver, however, explicitly applied to all formsof intellectual property, including copyright. This article outlines the numerous waysin which copyright can create barriers to addressing COVID-19. It also provides adescription of international copyright treaty provisions that permit uses of copyrightmaterials in response to the barriers identified, despite the exclusion of copyrightfrom the final TRIPS waiver.