PATENT PROTECTION OF MEDICINES

Abstract

Pharmaceutical products are specific in their purpose. They are used to treat and improve the health of the population. Since huge resources are invested in their research and development and therefore large profits are expected, their patent protection has been established under the pressure of the pharmaceutical industry. Pharmaceutical products differ from other patent protection subjects since the procedure for producing drugs is long, expensive, and risky. The negative impact of patent monopolies in times of crisis, such as the COVID19 pandemic, can be overcome by applying the institute of compulsory licensing. Given the virus transmission rate worldwide, it could be expected that the demand for the vaccine against COVID, which is considered the most effective means of combating the virus, will exceed the supplies. Therefore, the question arises, why did countries such as the USA, Canada, Japan, Great Britain, Switzerland, and the EU oppose the proposal made by South Africa and India within the WHO for the application of the compulsory license institute in accordance with TRIPS? Is ignoring the demands of these countries justified at a time when giving up the monopoly on vaccines against COVID would mean giving priority to human lives over the profits of several pharmaceutical companies?