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COVID-19: The Vaccines and Patent Story

Life as we know it has changed. The whole world has come to a standstill all because of a microscopic virus. While a lot of people are contemplating when the virus is going to ‘go away’ at the back of their mind, everyone knows, this virus isn’t going anywhere until a vaccine is invented.

There are nearly 3.85 million COVID-19 cases worldwide, with around 270000 deaths. This is an alarming number. Unless a vaccine is invented, there is no hope for the world.

Usually, inventing a vaccine can take anywhere between 7 to 10 years. However, given the global threat posed by COVID-19, numerous organizations are working at break-neck speed to develop a vaccine. Globally, around 80 groups are working towards developing a vaccine. Currently, there are approximately 111 potential vaccines for COVID-19, at different stages of the clinical trial. If the human trial of any vaccine is successful, then we could have a vaccine by the year-end or by early next year.

Current Vaccines Being Developed for COVID-19

As per the World Health Organization, there are currently 8 COVID-19 vaccines that have entered the human trial phase.

Italy– recently, Italian scientists claim to have developed a vaccine that generates antibodies in mice that work on human cells. The claim is that the vaccine neutralizes the COVID-19 virus in human cells.

After a single vaccination, the mice developed antibodies that can block the virus from infecting human cells. The vaccine is at one of the most advanced stages of clinical testing. It is currently being tested at Spallanzani hospital in Rome.

Israel– Israel claims to have made a breakthrough in finding a vaccine for the virus. The Israel Institute for Biological Research (IIBR) has developed a monoclonal neutralizing antibody that will effectively neutralize the novel coronavirus in the body of the carriers. Israel has also stated that it will patent the vaccine and start its mass production soon, making it available to the world.

India– currently, in India, there are 30 vaccines in different stages of development. The Serum Institute of India recently announced that it would start the production of the COVID-19 vaccine, developed by Oxford University in the next two to three weeks. If the human trials of the vaccine are successful, the product will be available by October.

The vaccines are being manufactured on the anticipation of the human trials succeeding by September. The company has stated that it will not patent the vaccine and that it will make the vaccine available for production and use the world over.

Oxford University– Oxford University’s Jenner Institute developed a COVID-19 vaccine in under three months. On April 23rd, the first human trial of the vaccine was conducted.

USA– in the USA, pharmaceutical companies, Pfizer, and BioNtech have partnered together and started the clinical trial of their vaccine, BNT162.

Patents- A Problem?

Generally, patents function as incentives that encourage inventions. Having the exclusive right to use and commercially exploit your invention is an incentive to invent.

However, in times of a global crisis like this, patents pose a problem for the accessibility of the invention. A medical patent equals a legalized monopoly. This, in turn, reduces the availability of medicine, especially to the more inferior parts of the world.

The problem now is, if a vaccine is developed for COVID-19, will it be patented? If so, how will the more inferior parts of the world access the vaccine? The existence of the vaccine in no way guarantees access to the vaccine.

Despite the grim situation, there is a silver lining. Countries like Chile, Israel, Ecuador, Canada, Germany, and Brazil have already made a provision for the compulsory licensing of the COVID-19 vaccine if they develop it. Costa Rica has proposed the WHO (World Health Organization) to create a COVID-19 technology pool so all the governments can share technical information and the progress made concerning the vaccine.

However, it is essential to understand that compulsory licensing is a national decision. Unless the country that develops the vaccine adopts it, the accessibility of the vaccine will be limited.

The Story So Far

Medical patents, especially patents granted to life-saving drugs, have always posed a problem. For example, the PCV vaccine for pneumonia is the monopoly property of pharmaceutical company Pfizer. The company earns $ 5 billion every year because of this vaccine. Pfizer sells it for $ 850 a course in the US and at a subsidized rate of $ 10 a course to the Indian Government.

Even though the subsidized rate of $ 10 represents the highest price, the Indian Government spends on any vaccine. Because of this, the Government can afford to buy enough to treat only a small proportion of the children who need it. As a result of this, there are still over 100000 infant deaths recorded because of pneumonia.

If you look at the COVID-19 story itself, we all know that there is a massive shortage of N95 respirator masks. What most people don’t know is that 3M holds over 400 patents for respiratory protection, this severely restricts who can produce and supply them.

US pharmaceutical giant Gilead owns Remdesivir. It was first developed in 2010 as a potential treatment for Ebola. This anti-viral drug, when administered to COVID-19 patients, reduced hospitalization from 15 days to 11 days as compared to the placebo treatment.

Gilead donated 1.5 million vials of Remdesivir. This is enough to treat 1,40,000 patients. But this begs the question, what after that? Will Gilead allow mass production of Remdiesivir if it is proven as an effective treatment for COVID-19?

The problem is that even if a vaccine is developed, pharmaceutical companies will bury it under numerous patents, making it unaffordable to the world’s poorest. Concrete steps need to be taken at the national and international levels to make these life-saving drugs more accessible. Jonas Salk, the founder of the polio vaccine, when asked if he would patent it, replied, ‘Can you patent the sun?’. Life-saving drugs are necessities; pharmaceutical companies should not be allowed to monopolize them.

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