In this article, I will be covering a very short introduction of patent, what’s the concept of patent pool, what’s the need and purpose of patent pool and why Innovation related to pandemic like Covid-19 need a patent pool to overcome crisis in a efficient way by giving more importance to humanity over a personal intellectual right.
Patent:-
In general, patent means “exclusive right to the first and true inventor to make, use or vend his invention”.
The purpose of creating and perceive of patent right is to protect ones intellect and made public his/her invention for public welfare in trading of little monopoly over its invention.
Patent pool:-
“Patent pool is an association of two or more companies to cross licence of patent in order to particular technology, invention or development and permit others to use the patent.” It can be classified on the fact that how the patents are exploited which is subject to the parties of the pool.
It is a method by which aggregation and dissemination of innovative product can be ensured by creating a patent pool. Patent innovation, which is now part of the pool, is available for licensing. It has to be governed by an international organization which have jurisdiction to all countries through which managing pool will be easy and further innovator will also get royalty for his invention.
Besides TRIPS regime, there are various provisions like compulsory license which is available to the developed vaccine at a very large level being need of the people in situation like Covid-19 but now again, it is very important to respect the innovation and integrity of patent system and not to create anti IP sentiments at global level by imposing such compulsory licence provision.
In the miserable situation of pandemic, society may resort to extreme steps to protect themselves and their family and in order to do that they could violate the very concept of patent by imposing provisions such as compulsory license and not respecting the patent owner.
Further, it is well established that if two patent holder of same product indulge in a case against each other and eventually having delay in approval of patent application then it will only cause delay to the availability of vaccine to the people.
So to protect both IP and people who are in extreme need of vaccine, pandemic patent pool becomes something like need of the hour. It is not a new concept that we don’t know about. Patent pool are contributing an important role to the industry from the very past. The first patent pool was made in 1856 for sewing machine. But there is no uniform law at international level for such pool concept in IPR.
Pandemic patent pool: crave the very humanity:-
For regaining normal life, vaccine or medicine seems the only permanent solution to this pandemic (Covid-19). For that each and every country has been engaged in research to find the formula and trying to develop the vaccine at their own level by utilizing their limited resources. But as per the calculation of scientists it might take another 6-12 month on an average to develop any new vaccine. Even if any country has succeeded and developed vaccine and got approval for commercial production, it is impossible to make available that vaccine at world scale in a very less time or without conflict of territorial law which is subject to the approval of patent application in each country.
If we see the world right now, every country is suffering from this disease (Covid-19) so it becomes the need of every manufacturing unit, private player, suppliers to make vaccine available at large scale in each country. So pandemic like Covid-19 needs disruptive solution. All the governments and international organizations have to come at a consensus in advance that they have to be ready when the vaccine is developed. Procrastination in creating pandemic patent pool would be disastrous like as we did not prepare to face any pandemic such as Covid-19 and as a result it has spread its leg widely in our life.
It is well said that, “If patent owner create impediments on the strength of patent right, the world will start despising patents and that’s not a situation IP owner ought to be in”. Creating and recognizing patent right is to helping the public as one of the requirement to grant patent is that innovation must be utilized for public welfare.
Conclusion:-
It would be very fruitful endeavor if we create a pool globally for Covid-19 decease vaccine related innovation and development. So all the countries will have right to use those innovation beyond conflicts, question or further permission from patent holder. Creating patent pool will help to overcome this pandemic efficiently and quickly, which will ultimately meet the patent object that innovation should be for social or public welfare.
Creating pool will also support the Doha declaration in which it was declared, “taking necessary action for protecting and saving public health and to promote access to medicine” so people will suffer less. By creating a pool and giving license will give pass to manufacturers which will provide vaccine at a large scale. Therefore such pool is required to put aside the profits or personal interest of an individual and save the lives of people and come out of crisis.
A saying that, “patent ought to accelerate rather than impeding the path” seems to fit in this scenario. In a nutshell, we can say that by creating a pool, people can overcome this crisis very efficiently and can come out of this pandemic quickly and that too having parallel to earn profit by the owner as a royalty.
Pooling innovation at world level is the way forward in developing vaccine or drug and made available easily globally. For that it needs to be done before we suffer more in this pandemic due to the some complexity in the system.
[The views, thoughts, and opinions expressed in the text belong solely to the author, and doesn't intend to harm any community, group of persons etc.]
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