World trade organization’s export-oriented compulsory licensing mechanism: Foreseen policy concern for Africa to mitigate the COVID-19 pandemic

Abstract

Africa has a history of grappling with outbreaks and high prevalence of disease. It currently confronts COVID-19 which is escalating because of local community transmission of the disease. Poorly resourced health systems in Africa are ill-prepared for the surging number of COVID-19 cases. This paper emphasizes that in the current battle against COVID-19, policymakers should not lose sight of future policy challenges. COVID-19 vaccine has become available, but patent exclusivities might play a major role in hindering access to it. With little or no indigenous pharmaceutical manufacturing capacity of its own, Africa will almost entirely rely on importing COVID-19 vaccines or treatment from third parties. The World Trade Organization’s (WTO’s) Paragraph 6 System, which relates to export-oriented compulsory licensing, is excessively formal and does not suit a pandemic situation which requires swift action. This paper draws policymakers’ attention of to a high priority policy concern for Africa.