Abstract

The dichotomy between patent right relating to pharmaceutical products and public health has always been contentious for the policy-makers. Pharmaceutical industry always aims to gain huge profit margins over their investment through patent rights and by monopolizing their product. This has never sat well with the public health proponents who have always been in favour of cheap and affordable medicines in public interest.

The COVID-19 era has reignited this debate. The pandemic has affected over five million people around the world and has claimed many lives. Though there is no claimed medicine or vaccine against Corona virus as of now, there are some medicines that have been shown to be effective against COVID-19 symptoms and mitigate its effect. Governments, pharmaceutical industry, innovators, researchers and academicians around the world are engaged in the struggle against this pandemic.

This article, through a critical and comparative analysis, has explored the contemporary developments in the field of pharmaceutical patents from the lens of COVID-19 pandemic. The author has explored various opportunities, particularly in the domain of patent law, of establishing a synergy in the interest of public health and welfare.

Keywords: Pharmaceutical patents; COVID-19; Corona virus; Compulsory licensing; Patent pooling; Patent pledge