A Shared Intellect: A Rawlsian Analysis of Vaccine Patent Protections

• Main Author: Co, Vincent T.
• Format: text
• Published: Animo Repository 2024
• Subjects: cosmopolitanism; justice; patent; Rawls; vaccin
• Online Access: https://animorepository.dlsu.edu.ph/apssr/vol24/iss2/6; https://animorepository.dlsu.edu.ph/context/apssr/article/1536/viewcontent/RA_205.pdf
• Institution: De La Salle University

One fundamental issue at the forefront of the COVID-19 pandemic is the relationship between access to vaccines and intellectual property rights. The purpose of what follows is to advocate for a cosmopolitan interpretation of John Rawls and his Theory of Justice and apply it to the debate on vaccine patent protections. Using the Philippines and other developing countries as the context of analysis, this paper has one main claim—that the vaccine patent waiver is right in the interest of justice, and patent protections must be waived to achieve justice in the distribution of vaccines. The approach here analyzes Rawls’ theories on the nature of justice and equitable distribution and addresses their limitations to establish a framework and justify its use in the vaccine patent debate. Using the Cosmopolitan Principles of Justice (CPJ), a modified version of Rawls’ original framework that can be applied to global justice—lifting patent protections is just because patent protections that block access to health are unjust. CPJ then entails a revision of institutions so as to not perpetuate injustice and to be aligned with social justice.