Section 157A In Context Of Covid-19

The Covid-19 pandemic being a global priority, the recent World Health Assembly (WHA) resolution has called upon countries for the removal of unjustified obstacles related to the provisions of international treaties including TRIPS and Doha Declaration on the TRIPS Agreement and Public Health.

Security exception under TRIPS Agreement

The above exception gives freedom to each member state to take any action including suspension of IP rights, and allowing disclosure of information in case it goes against their essential security interest. Three contexts are referred in this regard; first, fissionable materials and their derivatives; secondly, arms traffic or implementation of war and measures taken at the time of war or other emergency in international peace and security; and third, member states can suspend the commitment to implement obligations under the UN charter for the maintenance of international peace and security.