Thank you, Madam Chair.
I want to thank the committee members for the opportunity to speak with them. My presentation will focus on intellectual property related to COVID-19 vaccines, along with ways to increase vaccine manufacturing in Canada and abroad.
I'm an associate professor at the Carleton University School of Public Policy and Administration. I specialize in political economy in the pharmaceutical sector, and I have over 150 publications to my name. Aside from my role as an expert witness for Justice Canada in a 2020 Superior Court of Québec trial concerning the price regulation of patented drugs, I have no conflicts of interest to disclose.
In the early days of the COVID-19 pandemic, it was impressive to see how researchers from around the world worked together based on the principles of open science. They systematically shared data to sequence the virus genome, track the development and variations of the virus, or produce protective or screening equipment.
In Canada, the federal government passed the COVID-19 Emergency Response Act, Bill C-13, back in March 2020. This made it possible to use compulsory licences for six months for any technology related to COVID-19, in order to address potential shortages. This measure wasn't renewed in September 2020. However, the federal government can renew it at any time if necessary.
In May 2020, the World Health Organization, or WHO, established the COVID-19 technology access pool, or C-TAP, based on open science principles, in order to promote the sharing of expertise and knowledge regarding technology to combat COVID-19. The Unitaid-funded medecines patent pool, or MPP, also expanded its mandate to make it possible to share patents related to COVID-19.
Initially, things were very promising. There seemed to be a shift towards a scientific endeavour based on technological collaboration and data sharing to ensure that each country could maximize its efforts to fight COVID-19. Unfortunately, the old mindset of proprietary science for patents and technological monopolies quickly came back into play. No firm has yet agreed to share its technology with C-TAP or MPP.
Instead, each firm works in silos to maximize revenues. Vaccine firms have generally been very reluctant to negotiate licensing agreements to allow for increased production. AstraZeneca has been more flexible than other firms. However, this was part of the conditions that Oxford University established for supplying the vaccine. Since the potential revenues of firms depend on their ability to maintain control over technological expertise, this isn't surprising.
Each firm is seeking to control as much of its vaccine intellectual property as possible, rather than allowing for licensing agreements and maximizing overall production.
Even though governments have invested over $14 billion in vaccine development, it's still considered normal for vaccines to remain entirely monopolized by the private sector. The development of the COVID-19 vaccines by Moderna, AstraZeneca, Johnson & Johnson and Novavax was fully funded by public investments or non-profit organizations. Yet the vaccine is still monopolized by a firm-owned patent.
The prioritization of corporate property rights over global public health needs has led to the current situation. All countries are elbowing their way to the door of these firms so that the firms will agree to sell and deliver doses as quickly as possible to them, rather than to their neighbour. Regardless of public health priorities, it's everyone for themselves. It's vaccine nationalism.
However, Canada is doing quite well in this game of vaccine nationalism. It has managed to obtain a maximum number of doses amounting to 500% of its needs. Almost a quarter of the Canadian population has already been vaccinated.
Nevertheless, this game is highly troublesome in its own right. Production delays at Pfizer, Moderna and AstraZeneca have created major tensions in international trade. Instead of working together to produce as many vaccines as possible, countries are working against each other in order to distribute vaccines globally based on corporate priorities.
As of April 19, 2021, over 800 million doses of vaccine have been administered worldwide. Of these doses, 82% have been administered in wealthy countries, while only 0.2% have been administered in low-income countries, primarily through the COVAX initiative. It's estimated that the poorest countries will need to wait until 2024 to vaccinate their populations. In addition, Pfizer has just announced that its vaccine may require boosters, a third dose, and possibly annual boosters after that. This may further extend the delays for low-income countries.
Canada has vaccine production capacity. Why isn't that capacity being used right now to combat COVID-19?
In late January, Canada announced a $126 million investment in the National Research Council to expand vaccine production capacity.
The National Research Council is located on Royalmount Avenue, across the parking lot from PnuVax. For months, PnuVax officials have been touting their Health Canada-licenced assembly line and their readiness to begin producing a vaccine. However, they're unable to enter into licensing agreements with the various firms, and Canada isn't helping them negotiate with the firms. Canada has production capacity that isn't currently being used.
Recently, Biolyse Pharma, based in St. Catharines, Ontario, asked to list COVID-19 products under schedule 1 of the Patent Act. This would make it possible for the corporation to produce and export the Johnson & Johnson vaccine under a compulsory licence, for example through Canada's access to medicines regime, or CAMR. Yet Canada refuses to amend schedule 1 to allow a Canadian company to produce vaccines for low-income countries in the event of a pandemic. This is completely unacceptable.
Currently, about 100 countries, led by countries such as India and South Africa, are asking the World Trade Organization, or WTO, to suspend intellectual property rights related to COVID-19 in order to facilitate technology sharing and to allow for increased vaccine production by the end of the pandemic.
The suspension of the Trade-Related Aspects of Intellectual Property Rights Agreement, or TRIPS agreement, would be a much better tool than the current flexible measures in the agreement. I'm talking about article 31 of the agreement, which says that every country must obtain a licence. A country that applies for a compulsory licence can get one, but it must then figure out how to implement the compulsory licence within the country. A suspension of the agreement provisions related to COVID-19 products would give individual countries the chance to actually work together to use their production capacity. South Africa and India have vaccine production capacity that isn't currently being used because of the lack of flexibility in the TRIPS agreement.
However, Canada, the United States, Europe, the United Kingdom and Switzerland are adamantly opposed to this type of suspension of the TRIPS agreement. In many ways, Canada seems to have chosen to be part of the problem rather than the solution.
In its speech to the WTO on December 10, 2020, Canada blatantly lied—and I'm not saying this lightly. I very rarely use this type of language. Canada argued that the current flexible measures in the TRIPS agreement were sufficient. Canada said that this type of waiver was unnecessary because it was making its access to medicines regime, or CAMR, available to help low-income countries get the necessary treatments when they obtain compulsory licences without having local manufacturing capacity.
CAMR is currently such an ineffective bureaucratic atrocity that a country has used it only once, in 2007. Rwanda used it to get AIDS treatments, and subsequently criticized the ineptitude of the system. The system doesn't work. Instead, the system is designed to make it harder to access drugs during health emergencies.
The House of Commons even voted to reform Canada's access to medicines regime in 2013 because it was deemed completely ineffective. However, the delays in Senate ratification were so long that the reform died on the order paper.
On December 10, Canada even dared to claim that the fact that no one was using Canada's access to medicines regime meant that there was no need for flexibility and therefore no need to suspend the TRIPS agreement. Again, this is unacceptable. I have rarely felt so embarrassed to be Canadian as when I read Canada's downright ill-intentioned statement in the face of the critical global challenge posed by COVID-19.
Canada must stop being part of the problem. First, it must list COVID-19 health products under schedule 1 of the Patent Act now. There are rumours that, as early as this week, a country will ask CAMR to produce COVID-19 vaccines. However, at this time, Canada can't do so since it hasn't listed these products under schedule 1 of the Patent Act.
Second, it's necessary to support a TRIPS waiver for all COVID-19 products now, and to encourage all initiatives that make it possible to share open science technology for all COVID-19 products through patent pools such as C-TAP and MPP. I'm counting on Canada to be on the right side of history in this pandemic.
I'm ready to answer your questions.