Access to Therapeutics and Vaccines in Times of Health Pandemics:How Exclusivity Rights Can Affect Such Access and What We Can Do About It

摘要

The COV1D-19 pandemic has created both health and economic turmoil across the world.It presents a sombre example of how unprepared we have proven to be against new infections diseases for which no treatments or vaccines exist.It is remarkable to see how such a simple and unsophisticated life form,a virus,has proven capable of taking the entire world in its grip and crippling health care systems and in its way also economies across the globe.The injection of huge amounts of public funding in both the development and manufacture of therapeutics and vaccines risks to derail even further national economies,already crippled under the consequences of lockdowns and further restriction to normal economic and social life,all caused by the severe acute respiratory syndrome coronavirus 2(SARS-CoV-2).The concern about the yet unknown economic consequences of the cost to national health care systems is the driving force behind this article.This article provides an original overview of which medical solutions to COV1D-19,whether in the area of therapeutics or vaccines,will come with exclusive rights already obtained or in theprocess of being obtained by the life science companies developing and marketing these solutions.It will also provide,as an innovative addition to the literature,an empirical insight into how pharmaceutical companies have already obtained and will further obtain in the future,IP positions in technology necessary in the fight against COVID-19.This may very well endanger the already dire economic situation most countries are in already as a consequence of the COVID-19 pandemic.It is submitted that governments need to wake up to this second wave of financial threats,after the first wave crippled the economy due to lockdown.This article not only discusses the causes of these financial risks,but it also provides advice as to which remedies should be seriously contemplated to limit further damage to national economies and health care systems.The present author very much hopes and strongly advises that policy-makers will read this article,as it will provide them with useful insight and advice as to how to deal with the existence of intellectual property rights in times of health crises.