The Intellectual Property and Public Health Regime Complex: Considerations on Vaccine Access and Equity

The COVID-19 pandemic underscored long-standing tensions within the global regime complex for intellectual property (IP) and public health, particularly regarding the balance between strong IP protections and equitable vaccine access. This report examines how the institutional fragmentation of IP–public health governance – structured around the World Trade Organization, the World Intellectual Property Organization, and the World Health Organization – has shaped policy responses and created opportunities for forum shopping. We analyse key stakeholder positions, historical policy shifts, and institutional interactions to assess how forum shopping has influenced rule-setting, enforcement, and reform efforts concerning the IP–public health nexus. We find that, despite significant contestation, the global regime complex governing the intersection of IP and public health is likely to remain broadly
stable. With regime complexity set to continue shaping the robustness, effectiveness, and democracy of global governance in this issue area, we explore potential pathways to mitigate existing challenges.