Intellectual Property Magazine
In the spirit of internationalism
Rory Moore and Bronwen Moodie discuss the TRIPS waiver requestby South Africa and India for the prevention, containment, and treatment ofCovid-19
Rory Moore and Bronwen Moodie - Von Seidels.
Article IX (3) of The Marrakesh Agreement
1 establishingthe World Trade Organization (WTO) allows the highest decision making body ofthe WTO to waive, in exceptional
circumstances, any obligation imposed by theWTO’s multilateral agreements, including the Trade-Related Aspects ofIntellectual
Property Rights (TRIPS) Agreement.
2 In the absenceof consensus, members of the WTO can force a vote and a three-fourths majoritywill pass such a waiver.