Patents vs pandemics
Keywords:
patents, pandemic, TRIPS, compulsory licensing, patent pools, COVID-19Abstract
The COVID-19 pandemic has forced a rethinking of public health and patent systems. It has brought livelihoods to a halt, wreaking havoc on people's lives and national economies. The need to create and deploy additional vaccinations, repurpose pharmaceuticals, and sustain medical infrastructure is jeopardising global health security. At the international and national levels, collaboration and collaborative action are essential. In terms of public health, IPR access is critical. Many countries have announced new rules and passed legislation to make it simpler to provide medicines to their citizens during the pandemic. Compulsory licensing has been a key tool for opening up IP without the approval of patent holders.There is frequently a conflict between the need to grant monopolies in the form of IP rights as an incentive for pharmaceutical sector advancements on the one hand, and the need to award monopolies in the form of IP rights as a fundamental right on the other. As a result, hurdles exist in decision-making in order to strike a balance between innovative incentives and assuring access to healthcare.
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