Covid-19: The Implications of Patent Law for ...

Covid-19: The Implications of Patent Law for The World

Author Name : Dr. Tushtid Joshi

ABSTRACT

The world is grappling with the COVID-19 pandemic. The patent law promotes invention on the principle of ‘quid pro quo’. The TRIPS-plus agreements are opposed to the spirit of intellectual property protection. There are provisions in the law to cope with the health emergency, like government use or compulsory licensing. The vaccine development is one thing. How many persons are vaccinated in the world? That's another. There is call for waiver of patent rights. The crucial point under consideration is whether patent waiver will result in vaccination throughout the world rapidly or it will be hindrance for further development of medicines to fight new variants and future pandemics. The other available options are patent pools, patent pledges and open innovation. There is outcry to equitable access to vaccines. The AIDS pandemic is example.The policymakers need to ponder over the issue very deeply. The future course of action should be decided by keeping all the things in perspective. The Author’s view is that TRIPS-plus agreements are undue due to the agreed consensus amongst the nations regarding the balancing of patent protection and access to the medicines. According to the author waiver of intellectual property rights is not the solution to the problem in the long run.

Keywords: COVID-19, Patent, Patent waiver, TRIPS, vaccine.