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Jomo Kwame Sundaram


KUALA LUMPURMillions of people are expected to die due to delayed and unaffordable access to COVID-19 tests, treatment, personal protective equipment and vaccines. Urgent cooperation is desperately needed to save lives and livelihoods for all.


Vaccine apartheid

Thus far, rich countries have bought up most available vaccine supplies. By mid-April, rich countries had received more than 87 percent of the more than 700 million vaccine doses dispensed worldwide, while poor countries had received only 0.2 percent.

A quarter of the former’s population had been vaccinated compared to one in 500 of the latter’s! By mid-May, less than a twelfth of the world’s population had been vaccinated, with ten rich countries getting four-fifths of all vaccines. The Pfizer vaccine is mainly reaching the world’s rich.

Despite CEO Alberto Bourla’s promise to ensure that poorer countries “have the same access as the rest of the world”, World Health Organization (WHO) data confirm that Pfizer has actually done little for the world’s poor.

After promising earlier not to profit from the pandemic, Moderna – which has never made a profit after a decade and no other revenue – has decided to profit from its vaccine. Johnson & Johnson and AstraZeneca have both vowed not to profit from vaccine sales during the pandemic.


Pfizer profits

According to a New York Times article, US pharmaceutical giant Pfizer chose early to profit from COVID-19 vaccines, rejecting rival developers’ decisions not to profit from them during the pandemic.

In the first quarter of 2021, Pfizer sold vaccines worth US$3.5 billion, its greatest revenue source. Vaccine sales are fast overtaking Pfizer’s cholesterol medicine, Lipitor, which sold about US$125 billion over the last 15 years.

But profits from vaccine sales have been deliberately obscured. The US pays US$19.50 for each Pfizer dose, while Israel paid over 50% more to accelerate vaccinating its citizens. Last week, the European Union agreed to pay more than before for its vaccines.

Pfizer made US$9.6 billion in profits in 2020, before vaccine revenue was significant. Already highly profitable, Pfizer did not need or take US federal funds under Operation Warp Speed. But its vaccine development partner BioNTech received much support from the German government.

CEO Bourla signed the 2019 Business Roundtable pledge to serve a range of ‘stakeholders’, not only shareholders. Pfizer even joined Covax in January 2021. Selling mainly to rich countries, by April, Pfizer had earned around US$900 million in pre-tax profits from vaccine sales.

Pfizer now expects US$26 billion in such revenue vaccine sales this year, instead of its earlier projection of US$15 billion. It now expects a massive revenue stream with COVID-19 becoming endemic, requiring booster shots. The company is changing business strategy accordingly.


What the pandemic demands

With the COVID-19 virus rapidly mutating, almost exponentially, this is not only of concern to poor people and nations, left far behind. Containing the pandemic requires vaccinating the whole world as soon as possible.

Several virus mutations are more contagious, with some deadlier than the original, and some more resistant to existing treatments or vaccines. Although mRNA vaccine developers believe they can be quickly modified against new mutations, there is little disagreement over the urgent need to stem the contagion.

Since 1995, patents have been enforced internationally via the WTO Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. TRIPS prevents governments giving compulsory licences allowing “someone else to produce a patented product or process without the consent of the patent owner”.

But now, most WTO members support a temporary waiver for COVID-19 tests, treatments, vaccines, diagnostics and other technologies. Although the waiver has become all the more urgent as the pandemic toll rises rapidly, it remains blocked in the WTO.


Technology transfer needed

The waiver is legally necessary for progress, but hardly sufficient. Much more is needed to urgently vaccinate the world. Vaccine production has also been constrained by companies refusing to share knowledge and technology.

Even when companies have benefited from government subsidies and public research, private monopolies have little incentive to quickly supply many more vaccines affordably. Enabling and, if needed, requiring knowledge and technology transfer are clearly necessary.

Not a single major vaccine or pharmaceutical company has joined the WHO COVID-19 Technology Access Pool (C-TAP) initiative to share such knowledge. Licences and technical know-how to produce vaccines have been denied to many potential manufacturers, even those with the necessary facilities.

Taxpayer-funded basic and applied research has been essential for COVID-19 vaccine development. For example, US National Institutes of Health (NIH) patented technology is necessary to make mRNA vaccines, with Pfizer using BioNTech’s licence.

Noting that “the Biden administration has already persuaded Johnson & Johnson to share its technology with Merck to boost domestic production of its single-dose vaccine”, Jayati Ghosh suggests that “other companies that have benefited from public support could be pressed to do the same”.

“Moderna… has already declared that it will not enforce its patent. But its… vaccine uses some knowledge that it has licensed (and paid for) from other companies, which could in turn sue any other producer using the same technology.” The TRIPS waiver would eliminate such legal threats, allowing production to be rapidly scaled up.


What the world needs now

The current generation of COVID-19 vaccines only mitigates the severity of infections, rather than eradicates the disease, as with polio or smallpox. Thus, our world is now trapped in a seemingly endless spiral of ‘catch-up’ vaccine development with new boosters to mitigate perceived new threats.

To achieve real progress, the world desperately needs cooperation, not only among researchers working for competing vaccine developers, but also among governments who can – and must – end the protracted genocide and greater catastrophe the world is now in.

Warning “that private vaccine producers have little financial incentive to meet current global needs”, Ghosh also makes the case for public production in the US and elsewhere.

Citing a health advocacy organisation report, she argues that “the US government can build a facility to produce enough mRNA vaccine manufacturing capacity to vaccinate the entire world in one year, with each dose costing only $2”.

Sharing knowledge and working together are clearly needed to accelerate innovation. As governments have paid, directly and indirectly, for vaccine development, they can now quickly accelerate further progress needed. Previously, I suggested using the 1980 Bayh-Dole law, but in fact, this is specifically excluded by the US government contract with Moderna.

Instead, Dean Baker has noted that Section 1498 of the US commercial code provides the necessary legal authority. Thus, needed technological expertise, including trade or industrial secrets, can be either bought or otherwise secured by government authorities.



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Jomo Kwame Sundaram


KUALA LUMPUR -- Thanks to President Biden, the US now supports a suspension of intellectual property (IP) rights to increase vaccine supplies. However, without vaccine developers sharing tacit technical knowledge for safe vaccine mass production, it will be difficult to rapidly scale up vaccine output.


Waiver delayed is waiver denied

The CEOs of Pfizer and Astra Zeneca had recently asked the US President to reject the waiver request. Nevertheless, on 5 May, US Trade Representative (USTR) Katherine Tai announced US support for a vaccine waiver. The hope is that many, mainly rich countries will now stop opposing the developing country waiver proposal.

The World Trade Organization (WTO) Trade-Related Intellectual Property Rights (TRIPS) waiver request by South Africa and India also includes COVID-19 tests, treatments and personal protective equipment (PPE), albeit only for the duration of the pandemic.

Meanwhile, the WHO Access to COVID-19 Tools Accelerator (ACT-A) remains grossly underfunded, and thus unable to achieve most of its objectives. Many developing countries are still not even able to effectively do mass testing to ascertain those infected and follow up measures.

The developing world also faces huge supply gaps, and hence, long delays in treatment. Many ‘frontline workers’ in poor countries remain poorly protected. All this, of course, adversely compromises the world’s ability to contain the pandemic.


Foot dragging for profit

The waiver request is clearly very specific, modest and limited. Affordably producing the other non-vaccine needs is still desperately needed. Involving patents, they are immediately actionable. Hence, it is crucial for the US to support the full waiver request.

As the WTO waiver requires unanimous approval by its members, there is likely to be much foot dragging. Furthermore, even if WTO member states eventually reach a consensus on approving the waiver in principle, there is probably going to be further procrastination in negotiating details.

The WTO Director-General hopes to get a decision by December despite the likely difficulties of achieving consensus. Already, the European Union has registered doubts. Hence, many fear the new US position is unlikely to boost supply quickly.


Vaccine monopolies not yet IP dependent

Getting vaccine developers to actually share the technical information required to rapidly scale up vaccine production can be challenging. After all, no successful vaccine developer has joined the WHO COVID-19 Technology Access Pool (C-TAP) initiative to share such knowledge.

There are likely to be many changes to experimental vaccines in response to new knowledge, mutations and problems. Hence, IP per se may not be the most urgent obstacle to improving access to vaccines, even without developers ‘evergreening’ patents.

Patent details must be filed within 18 months, effectively an eternity in trying to contain the COVID-19 pandemic. But patent disclosures do not contain ‘trade secrets’ and other ‘tacit’ technical knowledge essential for quickly increasing vaccine output.


Vaccine profits kill

Pfizer’s CEO now projects a steady massive revenue stream as COVID-19 becomes endemic, e.g., requiring vaccine boosters. Unless the pandemic is globally contained, it will continue to threaten the world. While reducing the likelihood of severe infection, existing vaccines do not provide full protection against infection.

Vaccine developers -- especially the major pharmaceutical transnational corporations -- have already been dictating prices and other terms to customers. However, as their monopoly powers are not yet reliant on patents, suspending their IP rights does not ensure urgent access to COVID-19 vaccines.

Monopolies allow companies to almost unilaterally determine prices. ‘Super-profits’ can thus be secured with patents. Despite pioneering anti-trust law over a century ago, the US -- the largest producer and market for many patented products -- has no laws against ‘price gouging’, implying few checks on pricing practices.

Last week, Pfizer announced that prices of vaccines sold to the European Union will increase by 60% although development of its vaccine was heavily subsidised by the German government. Earlier, it announced an increase in sales revenue of over 70%, pushing up its share price and executive remuneration.

The current vaccination delay has been projected to cause an additional 2.5 million deaths! Delays are likely to allow more virus mutations, further setting back global herd immunity. This will mean many more infections and deaths as well as economic and other losses due to the pandemic and policy responses.


TRIPS discourages knowledge sharing

Until TRIPS, there were many technology transfer agreements with developing country governments, voluntarily negotiated by companies. But since 1995, TRIPS has induced more reluctance to share knowledge, retarding technological progress.

Refusal to share technology is the biggest stumbling block to rapidly ensuring global access to vaccines. Multilateral cooperation is urgently needed, not corporate or national greed.

But not a single major company has signed up to C-TAP, the WHO initiative for knowledge sharing to address the pandemic, ignoring Dr Anthony Fauci’s appeal to them to do so.

Meanwhile, Bill Gates and others misleadingly claim that developing countries do not have the capacity or ability to produce vaccines safely. Presuming developing countries’ lack of competence and capacity, without bothering to verify, provides yet another excuse for further delay.

In fact, many developing countries have previously produced vaccines. Of course, not all will be able to produce particular vaccines due to their specific technical requirements.

Existing COVID-19 vaccines are still experimental, only receiving conditional approval for emergency use. The urgent need to mitigate the severity of pandemic infections with such vaccines, after only Phase Two trials, is also the pretext for indemnity clauses in sales contracts.

Globalisation in recent decades has involved internationalisation of supply chains, with even high-tech corporations establishing sophisticated facilities in poor developing countries. But suddenly, developing countries are all dismissed as wanting.

Accelerate vaccinations for all

Late last month, President Biden reiterated his presidential campaign pledge to share COVID-19 “technology with other countries” and to “ensure there are no patents to stand in the way of other countries and companies mass producing those life-saving vaccines”.

The Biden administration must use its discretionary powers to accelerate needed progress. Besides making clear US WTO TRIPS waiver support for tests, treatments and PPE, the US has to compel vaccine companies to share the knowledge needed to quickly scale up safe vaccine production.

The 1980 Bayh-Dole Act applies to Moderna’s vaccine, publicly funded by Operation Warp Speed. The US government can require Moderna to fully honour President Biden’s original promise to share vaccine technology. After all, Moderna has promised not to profit from the pandemic.



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Updated: May 11, 2021

Jomo Kwame Sundaram

KUALA LUMPUR - Producers and consumers seem helpless as food all over the world comes under fast growing corporate control. Such changes have also been worsening environmental collapse, social dislocation and the human condition.


Longer term perspective The recent joint report – by the International Panel of Experts on Sustainable Food Systems (IPES-Food) and the ETC Action Group on Erosion, Technology and Concentration – is ominous, to say the least.

A Long Food Movement, principally authored by Pat Mooney with a team including IPES-Food Director Nick Jacobs, analyses how food systems are likely to evolve over the next quarter century with technological and other changes.

The report notes that ‘hi-tech’, data processing and asset management corporations have joined established agribusinesses in reshaping world food supply chains.

If current trends continue, the food system will be increasingly controlled by large transnational corporations (TNCs) at the expense of billions of farmers and consumers.


Big Ag weds Big Data The Davos World Economic Forum’s (WEF) much touted ‘Fourth Industrial Revolution’ (IR4.0), promoting digitisation, is transforming food systems, accelerating concentration in corporate hands.

New apps enable better tracking across supply chains, while ‘precision farming’ now includes using drones to spray pesticides on targeted crops, reducing inputs and, potentially, farming costs. Agriculture is now second only to the military in drone use.

Digital giants are working with other TNCs to extend enabling ‘cloud computing’ infrastructure. Spreading as quickly as the infrastructure allows, new ‘digital ag’ technologies have been displacing farm labour.

Meanwhile, food data have become more commercially valuable, e.g., to meet consumer demand, Big Ag profits have also grown by creating ‘new needs’. Big data are already being used to manipulate consumer preferences.

With the pandemic, e-retail and food delivery services have grown even faster. Thus, e-commerce platforms have quickly become the world’s top retailers.

New ‘digital ag’ technologies are also undermining diverse, ecologically more appropriate food agriculture in favour of unsustainable monocropping. The threat is great as family farms still feed more than two-thirds of the world’s population.


IR4.0 not benign Meanwhile, hi-tech and asset management firms have acquired significant shareholdings in food giants. Powerful conglomerates are integrating different business lines, increasing concentration while invoking competition and ‘creative disruption’.

The IPES-ETC study highlights new threats to farming and food security as IR4.0 proponents exert increasing influence. The report warns that giving Big Ag the ‘keys of the food system’ worsens food insecurity and other existential threats.

Powerful corporations will increase control of most world food supplies. Big Ag controlled supply chains will also be more vulnerable as great power rivalry and competition continue to displace multilateral cooperation.


There is no alternative? But the report also presents a more optimistic vision for the next quarter century. In this alternative scenario, collaborative efforts, from the grassroots to the global level, empower social movements and civil society to resist.

New technologies are part of this vision, from small-scale drones for field monitoring to consumer apps for food safety and nutrient verification. But they would be cooperatively owned, open access and well regulated.

The report includes pragmatic strategies to cut three quarters of agriculture’s greenhouse gas emissions and shift US$4 trillion from Big Ag to agroecology and food sovereignty. These include “$720 billion in subsidies” and “$1.6 trillion in healthcare savings” due to malnutrition.

IPES-ETC also recommends taxing junk food, toxins, carbon emissions and TNC profits. It also urges criminal prosecution of those responsible for famine, malnutrition and environmental degradation.

Food security protocols are needed to supercede trade and intellectual property law, and not only for emergencies. But with food systems under growing stress, Big Ag solutions have proved attractive to worried policymakers who see no other way out.


Last chance to change course Historically, natural resources were commonly or publicly shared. Water and land have long been sustainably used by farmers, fisherfolk and pastoralists. But market value has grown with ‘property rights’, especially with corporate acquisition.

Touted as the best means to achieve food security, corporate investments in recent decades have instead undermined remaining ‘traditional’ agrarian ecosystems.

Big Ag claims that the food, ecological and climate crises has to be addressed with its superior new technologies harnessing the finance, entrepreneurship and innovation only they can offer.

But in fact, they have failed, instead triggering more problems in their pursuit of profit. As the new food system and corporate trends consolidate, it will become increasingly difficult to change course. Very timely, A Long Food Movement is an urgent call to action for the long haul.


Food systems summit

According to Marchmont Communications, “writing on behalf of the UN Food Systems Summit secretariat”, the “Summit was originally announced on 16 October 2019 by UN Secretary-General António Guterres and was conceived following conversations with the joint leadership of the three Rome-based United Nations agencies…at the High-level Political Forum in July 2019”.

On 12 June 2019, ‘Inspiration Speaker’ David Nabarro announced to the annual EAT Stockholm conference that a World Food Systems Summit (WFSS) would be held in 2021. The following day, a Memorandum of Understanding (MOU) was signed between the World Economic Forum (WEF) and the Office of the UN Secretary-General.

It stirred up so much controversy that the MOU was later removed from the website of the WEF, hardly reputed for its modesty. Unsurprisingly, many believe that the WEF “pressed the Summit onto a reluctant UN Secretary-General”, and can be traced to its Food Systems Initiative.

Apparently, initial arrangements had bypassed the Rome-based UN food agencies, the Food and Agriculture Organization, the International Fund for Agricultural Development and the World Food Programme. Their heads were then consulted and brought on board in July 2019.

With so much at stake, representatives of food producers and consumers need to act urgently to prevent governments from allowing a UN sanctioned corporate takeover of global governance of food systems.


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About Jomo

Jomo Kwame Sundaram is Research Adviser, Khazanah Research Institute, Fellow, Academy of Science, Malaysia, and Emeritus Professor, University of Malaya. Previously, he was UN Assistant Secretary-General for Economic Development, Assistant Director General, Food and Agriculture Organization (FAO), Founder-Chair, International Development Economics Associates (IDEAs) and President, Malaysian Social Science Association. 

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