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KMID : 1142220210160020151
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Regulatory Research on Food, Drug & Cosmetic
2021 Volume.16 No. 2 p.151 ~ p.158
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Analysis on Intellectual Property Rights of Covid-19 Vaccine under International Trade Law and Public Health Impacts
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Lee Ju-Ha
Lee Sang-Won
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Abstract
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Global equitable access to COVID-19 vaccines is emerging as the most important issue in public health policies; to this end, pharmaceuticals-related Intellectual Property(IP) rights are taking considerably significant positions. International organizations such as WHO, etc. are announcing projects to share IP rights for COVID-19 vaccines or medicines, with some countries amending laws related to compulsory licensing. Furthermore, other countries such as South Africa, India, etc. are proposing the waiver of some regulations on patents, copyrights, data protection and industrial design, etc. from the WTO TRIPS. The proposal of the two countries are being discussed in the TRIPS Council, and every country has a different position on the proposal. The global society is working on overcoming the public health crisis, but it perceives medical resources as still maldistributed; inequality of access to vaccines exists, with the existing pharmaceuticals-related IP rights focused mainly on patents, but the recently developing biologics may be related not just to patents but also to diverse IP rights. Judgment on the actual effectiveness of the delay of IP rights is not easy because applying for IP rights such as patents of biologics is difficult, every country has different production facilities and technical level, and there is a global distribution issue related to the supply of raw materials or production of mRNA method. Moreover, there is no motivation as inducing actual IP rights and active participation of companies is not easy. IP rights are an important system for the innovation of pharmaceuticals and promotion of R&D, so the establishment of institutions to harmonize the rights with security of access to pharmaceuticals and protection of public health is critical.
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KEYWORD
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COVID-19, Vaccine, Public Health, Intellectual Property, Patent
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