Patents or Patients? The COVD-19 Pandemic and Intellectual Property Rights

University essay from Lunds universitet/Institutionen för handelsrätt

Abstract: Worldwide inequality in the circulation of vaccines during the outbreak of the COVID-19 pandemic re-ignited the ever-existing turmoil between rich, developed nations and poor, developing nations on the role of intellectual property (IP) against the fundamental right to health. The World Trade Organization (WTO) and the World Health Organization (WHO) contribute to making medicinal products and diagnostic supplies more cost effectively for everyone around the world. A few advanced economies control most of worldwide health regulatory requirements; nevertheless, a large portion of the leading healthcare chain generates from these nations and is produced cheaply in underdeveloped nations before being exported to the rest of the world. Exploring whether or not intellectual property (IP) plays an important role in enabling or restricting nations from fulfilling their responsibilities towards the right to health in light of the current pandemic is the first task in my thesis; this will be followed by a glance at the contribution of IP in today's global pandemic situation, with the goal of providing recommended solutions to the problem.

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