GROUNDS OF SUSPENSION OF IP RIGHTS FOR PHARMACEUTICALS WITH SPECIAL EMPHASIS ON CURRENT COVID VACCINE
INTRODUCTION -
Since the 1918 influenza pandemic, the current COVID-19 pandemic is the most serious global infectious outbreak. Modern travel and global trade (together with new factors such as social media, which can be beneficial or harmful) have increased dangers and raised awareness of those hazards around the world.
The COVID-19 pandemic's economic and social ramifications are likewise more severe today than they were a century ago. The proverb "an ounce of prevention is worth a pound of treatment" is especially relevant in the case of the COVID-19 epidemic.
Some people are concerned that intellectual property (IP) protection for COVID-19 vaccines and medicines may stifle their development or availability. IP protection for COVID-19 vaccines and therapies proponents argue that IP protection is essential for the development of novel treatments, diagnostics, and vaccines. They also point out that the federal government has the authority to prevent any restrictions on the provision of vaccines and treatments.
LEGAL PROTECTION OF INTELLECTUAL PROPERTY -
These breakthroughs lead to the development of new life-saving pharmaceuticals, which must be secured by intellectual property rights (IPRs). For pharma firms, IPR is required for invention identification, planning, marketing, and protection. Pharmaceutical businesses are also enticed to invest in research and development by IPRs.
The following are some of the ways that IPR protection works –
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Encourages innovation fairly and effectively.
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Defends pharmaceutical businesses against potential infringers.
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Provides powerful enforcement options for defending patents that have been violated.
NEED OF THE HOUR -
To get out of the current scenario, all countries must work together systematically, keeping the negative repercussions of patent law misuse owing to IP suspension at arm's length. In the current circumstance, the following measures may be useful:
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The results of all government-funded Covid-related pharmacological investigations must be made publicly available.
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To give tax relief or subsidies to all Covid-related pharmaceutical projects those are not supported by the government.
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To attain waiver status, S. 157(b) (iii) of the Indian Patent Act 1970 must be enforced.
THE REASONS FOR THE PROPOSED SUSPENSION OF IP RIGHTS -
In January of last year, the first COvid-19 patient was discovered in India. Following that, a complete lockdown was declared from March 2020 due to its rapid expansion. There was no treatment or pharmaceutical available to treat the Covid sufferers at first. There were no techniques available to determine the cause of the outbreak, and no effective treatments were available. Naturally, the pharmaceutical industry began to search for a cure to this new harmful visitor all over the world. However, the issues of vaccination availability, cost, and equitable distribution have to be addressed first. In light of this, the Indian government, in collaboration with Africa, petitioned the World Trade Organization (WTO) in October 2020 to temporarily suspend IP rights on pharmaceuticals, including the Covid Vaccine.
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AFFORDABLE AND EQUITABLE DISTRIBUTION -
The Indian pharmaceutical industry is ranked as the world’s third-largest. As we all know, many essential vaccines for human survival are prohibitively expensive. Even if vaccinations are manufactured, they must be distributed equitably and cost-effectively to everyone, particularly developing and low-income countries. Furthermore, due to a variety of factors such as changing lifestyles, there are a plethora of new diseases emerging at an alarming rate these days. This issue worsened when the current Covid problem developed last year, affecting lakhs of individuals and leading to the death of many of them owing to a lack of good medicine/vaccine. Because vaccinations are the most effective strategy to combat this disease, many businesses rushed to develop vaccines for Covid-19 just a few months after the epidemic began. Only a few of them were granted the necessary licenses to make vaccinations. Vaccinating millions of people around the world, on the other hand, is not a kid's game. There was a need for a reliable system for mass-producing vaccines and distributing them fairly. However, cost containment was once again an issue. According to current IP legislation, the product's developer or producer has the right to set the price based on the costs invested in producing the innovation. As a result, there was a significant chance of the vaccine being made at an accessible price by pharmaceutical companies.
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VACCINE MANUFACTURE ON A LARGE SCALE -
The intellectual property (IP) rights that vaccine developers hold are a key impediment to achieving the stated goal of large-scale manufacture and equitable distribution of vaccinations. As a result, various questions arise, such as the vaccine's affordability and accessibility around the world, particularly in low-income nations. Anticipating these issues, the WTO approved a proposal to suspend IP rights during the pandemic, citing the unique circumstances that prevail around the world.
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ACCESSIBILITY IMPROVEMENT -
Better economic growth can be facilitated by a stronger health system in the country. And, as previously said, a country's economic growth is directly proportional to its intellectual assets. Vaccines, as we all know, are not something that can be mass-produced by pressing a single button. Thus, if the vaccine developer's monopoly can be suspended for a while, the access gap can be narrowed. This will also minimize the reliance on vaccination and pharmaceutical production in wealthier countries.
CONCLUSION -
This Covid predicament, which has no more realistic cure than an immunizing agent, necessitates the implementation of production-friendly rules and regulations to achieve the goal of fair distribution of the effective opposing Covid medical product to anyone or anywhere in the world. While allowing member countries of the WTO to avoid WTO responsibilities, this will have no impact on the country's domestic IP legislation.
It is impossible to overestimate the worth of human life. While the entire world is suffering the severe situation of Covid-19, now is not the time to fight over IP rights. We're all expected to back India's request for an IP suspension so that we can get out of Covid's shackles and get back to living a healthy life as soon as possible. Isn't it true that good health equals good fortune?
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BY ANAMIKA
