Zeitschrift für Zivil- und Rechtswissenschaften

Abstrakt

Pandemic, Patents and Pharmaceuticals: An Analysis

Michelle Dias

The emergence of a pandemic has put the whole planet at a standstill. Any field, from corporations to legal processes, has been handicapped. A mutual responsibility is global health security; it needs a collaborative collective reaction focused on accountability and trust. One main problem in a collaborated effort is that company wants to gain back its investment by exercising monopoly in the market. In recent years, numerous countries have undergone serious re-examinations of the legal frameworks they use to promote innovation. This is partially attributed to the creation of and implementation of the TRIPS Agreement by the WTO. Analysis of compulsory licensing mechanisms across countries and deciding policy measures based on the amendments is necessary. Covid-19 pandemic has revealed shortcomings in the planning of public health agencies and policymakers. Would the presence of pre-existing guidelines help in bringing larger range of plans? The present paper discusses how the concept of compulsory licensing comes into play during the pandemic; measures were taken during emergency situations or pandemics by different countries. A cross-country analysis of the provisions in relation to compulsory licencing has been done to understand the need for the adopting such laws. Further, the ways in which Indian pharmaceutical companies are addressing the medicine supply and innovation during pandemic time has been also analysed. The findings indicate need for collective and coordinated preparedness for pandemics and increased need for collaboration in sharing solutions.