Name of the Student: DHANUSH K P

Registration Number: 17BBLB016

Programme: BBALLB

Semester: 9th

COURSE NAME: INTELLECTUAL PROPERTY RIGHT AND CYBER LAW

TOPIC: would excempting vaccine from intellectual property

rightsimprove global access and equity.

Course Code: 5BBL923

Component: RESEARCG PAPER

Date of Submission: 26-10-2021

Submitted to: Prof. Dr.Valarmathi. R

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Would exempting vaccine from intellectual property rights improve
global access and equity.

ABSTRACT
Just as there are many forms of vaccines and components to vaccines-particular
compositions, delivery systems, components, and distribution networks-there are a
variety of intellectual property (IP) protections applicable for vaccines. IP rights such
as patent, copyright, trademarks, plant breeders' rights, and trade secrets may all be
applicable to vaccines. Thus, discussion of IP rights and vaccines should not begin
and end with the application of one IP right to a vaccine. The discussion should
engage considerations of multiple IP rights applicable to a vaccine and how these can
be utilized in an integrated manner in a strategy aimed at supporting the
development and distribution of the vaccine. Such an approach to IP rights to
vaccines allows for the integrated rights to be considered in light of the justifications
for protecting vaccines with IP rights, as well as the issues relating to specific IP
rights for vaccines, such as compulsory license regimes, available humanitarian
purpose IP credits, etc. To view vaccines as the subject of multiple IP protections
involves a refocusing, but the outcome can provide significant benefits for vaccine
development and distribution.

Research problem
Vaccine is been one of the most important elements in this modernized world, the
problem is that the inventors and the investor’s gain and control the product
ultimately due IPR. vaccine being a part of the public life it should be affordable and
available to each and every human being in this universe.
Intellectual property rights especially patents hinder the introduction of affordable
vaccines and drugs in developing countries there by people right to health is danaid.
Patents may block the accessibility to some regions which may prolong the
pandemic.
Research questions
Does monopoly on vaccine effect the developing and under developed countries and
what are the impact of IP right over vaccine?
Should IP rights be suspended for vaccine in the light of public health crisis and what
are the problems faced due to IP rights over the vaccine during COIVID 19
pandemic?
RSEARCH OBJECT
To understand the multifaced relationship between Intellectual property rights and
Vaccine
To understand the advantages and disadvantage of IP rights for vaccine

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To analyze the problems faced by IP rights during covid 19 pandemic

Research methodology;
Research is based on secondary data have been collected from , newspaper, journal’s,
websites , books and magazines
Hypothesis
Does people right to health is denied due to Intellection property rights for vaccine if
not how intellectual property rights is helping to fulfil the demand for vaccine
Citation mode;
Blue book 21st edition.

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Introduction
Intellectual property rights is a form of intangible asset which create interest over a
particular product or service for a particular time period.

There are forms of Intellectual property right, it brings number of different concept
they are patents, copyrights, trademarks, and trade secret. Each of them varies from
each other from innovation to there time period. Some need to be commercialized in
the market they need strong IP protection. Undisclosed information and patent may
be the factor which is binding vaccine when we come through intellectual property
rights .

Vaccine is most important and essential element in 21 st century manufacturing of

vaccine need modernised technology scholars, and investor all the countries cannot
afford the same therefore vaccine cannot be manufactured everywhere so the
demand for the vaccine is never-ending in this universe to be In fact wealthy
countries receive vaccines very fast compared to developing countries due to
modernized technology and money power.

In the last few years there is been a huge debate around intellectual property rights
and vaccine, are different from medicine however vaccine and medicine fall in to
same category in respect to intellectual the arguments will be binding for both
medicine and vaccine when we discuss about IP rights.

How Intellectual property rights protected by TRIPS ?

For intellectual property rights TRIPS is very is much important and it is foundation
it creates interest of a member country to have binding authority in the nations and
to have protection and to enforce intellectual property rights, wealthy nations like
US especially recommended TRIOS agreements.

To protect intellectual property rights such as copy right , industrial design, patent
and undisclosed trade information TRIPS is a key and foundation ,TRIPS was made
to protect the intellectual rights and to enforce them around the world and to bring

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all the rights together in international level.it is just as recognisation of legal right
and linking factor dealing with intellectual property and trade. 1

According to TRIPS agreement ,the whole and sole right to produce , sell or
manufacture for a specified time period will be with the patent holder, Trem refers to
twenty years(20) from the time of filling a patent. In case if any of the member
infringe or violate the TRIPS agreement it have to answer to WTO dispute
resolution body. The member countries may also lodge a complaint if they feel they
been allegation through volition 2

IMPACT OF intellectual property rights during COVID 19

On may 5th 2021 united state announced its intention to support world trade
organisation which would bring intellectual property rights over covidb19 vaccine
temporarily.

In one way having intellectual property rights over vaccine have a big impact globally
where developed nations will have hand over the existing supplies while rest of the
undeveloped nations and developing nations suffer lack of supply stats have been
prved that by the end of April around 1.3 billion douses of vaccine was manufactured
but only 0.2% among 1.3 billion dose was reached and was available to
underdeveloped and low-income countries.

In the pandemic for about one year the average death ratio was about 36000 I due to
covid 19 was around 36000 only in India and Brazil .3

There was no good response by the patent holders in timely manner especially in
case of underdeveloped and low income countries it is because of economic
importence and politics in global level which caused huge damage to underdeveloped
countries during covid 19 pandemic therefore it is important to make mandatary
rules and regulation to protect the poor countries in such a situation .Due to IP rights
to vaccine there might be chance to act arbitrary due to pressure and influence in the
international level.

The problem I that one, pandemic is one global problem the patent waiver is not
able to full fill the demand of the vaccine required , and second is that covid 19
1
https://timesofindia.indiatimes.com/business/india-business/explained-how-intellectual-property-waiver-
can-boost-production-of-covid-vaccines/articleshow/83718825.cms
2
https://blog.forumias.com/intellectual-property-rightsipr-and-universal-vaccination-explained-pointwise/#
3
https://www.bmj.com/content/373/bmj.n1344

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vaccine is developed by using public funds. ,this issues is very much important
because the public who funded will be expecting returns for there funds in the
vaccine,4

The debate in this topic is very much complicated because it has many faces around
it ,public health is very much important and business is one interest from the eye of
Parma companies. The modern vaccine are almost majorly funded by USA

Who are intellectual property waiver mean?

The waiver are those who helps in production of vaccine in large production they
accept challenges and take risk to help poor countries LDS for savings life ,in
emergency situation if member of WTO agree with common agreement for
intellectual property rights with waivers it may be help full to produce vaccine in low
and middle income nations, this opens the eye of investors which crates effective
supply of vaccine .

History tells IPR turns in to evil when it comes to vaccine

As manufacturing of vaccine turn very expensive and also need modernized

machines and technology every country cant to do this therefore it as low
competition and hence crates monopoly in the market during the time of HPV
VACCINE thre was a duopoly in the market only two companies had a patent over
the vaccine they prised 10 times the higher then production for some countries, due
to this millions of population were not vaccinated HPV vaccine across the nations
especially crores of women and girls did not get chance to get vaccine for cervical
cancer the main reason can be blamed was the patent which made a big change.

In the same way during the period pneumonia “ Pfizer” had a secondary patent a over
the vaccine for pneumonia In two Asian countries ,however pneumonia was a cause
for the millions of people across the world. In this circumstance also the patent
holder caused 5 -10 times higher then the prize available globally This thing might
repeat in covid 19 pandemic also if it is not administrated and monitored by
appropriate authorities

The importance of intellectual property rights.

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Pros and cons of waiving the patents on Covid-19 vaccines (uoc.edu)

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Developing countries and poor countries are always looking forward to develop
vaccines but they face tremendous problem. SO public sector in research and
development companies are looking to help in developing of vaccine in developing
countries

In the field of medicine and vaccine intellectual property rights play a important role
but difficult understand weather intellectual property rights plays a positive role or
negative role any how vaccine development is a regulatory process and In most of the
countries development of vaccine is done by public sectors it has led to increase in
development of vaccine especially in emergency situations and the vaccine which are
highly complicated in creating a vaccine therefore investor want to invest large
investment and hence seek intellectual property rights ,vaccine being a matter of
saving life in other hand it is been regulated by investor so it has to be understood
deeply .

Intellectual property rights is very much use full for pooling the fund required for
regulatory requirement ,intellectual property is not only helpful to investors also for
society at long run, currently private sectors are more helpful to invent vaccine
comparing to public sector ,concerning public sector intellectual property needs to
be regulated and administered in a compact and effective way so that it can
implement plans and strategy to achieve its goals and for helping out public
especially in poor countries and under developed countries.

ARGUMENTS IN FAVOUR OF INTELLECTUAL PROPERTY RIGHTS IN

VACCINE

Due to intellectual property, there can be cross border transaction between

companies it results in transformation of knowledge and may be helpful in providing
solutions to local problems and local government. If a country doesn’t have vaccine
manufacturer they can get the investors and manufacturers by using the exemption
clause WTO 5

The innovation of vaccine requires funds and large investment intellectual property
rights attracts investors and in return it will also create large revenue to the investing
country and company

DISADVANTAGES OF IPR
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https://blog.forumias.com/intellectual-property-rightsipr-and-universal-vaccination-explained-pointwise/#

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Intellectual property rights leads increase in prize of a vaccine or medicine in a
developing country and Lest developed countries hence it is not affordable to people
this causes infringement to right to health

In some circumstance’s there are chance’s where patents might stop the circulation
and manufacturing of vaccine and prolong the pandemic which may cost life of
common people

The terms and conditions are stricte, ‘example ‘ export restrictions are as follows
Precondition to waiver; manufacturer’s may have condition In subject to quantity OF
vaccine, for example, companies of pharmaceutical sector will only be allowed to
produce the need of countries which are eligible to import

The countries which are list developed and are not capable of developing vaccine
need to specify the quantity of vaccine required the council of trips

Challenges with the compulsory license: licensing depends on th enations capacity of

manufacturing capacity ,if the nations get the licences there might be the chance
where the licenced nation might face great pressure by the developed nations , in the
same way how India was farced by US for issuing licences for generating generic
version of cancer of drug

Indian and manufacturing of covid 19 vaccine

Serum institution of technology is the worlds largest manufacturer of vaccine it was

supposed to manufacture about 100million doses in a month but it failed to produce
the quantity expected and only 50 -60 million doses was produced

The Indian company Bharath biotech has the capacity to produce about 12 .5 million
per moth but in fact in current it is only producing 1 to 5 million doses

Manicuring of vaccine capacity lies between 60 to 65 doses per month only. The
capacity of manufacturing vaccine is not enough to fulfil the demand of India In
India the population is very high vaccine cannot reach the population in time.

DOUBLE STANDED POLITICS IN IPR

Politics in international level become boon to many life all over the world , vaccines
are generated by intellectual property right waivers but the pressure is built on
government’s lack of vaccines in each nations ,as of now European politics

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threatening the president of Europe ,was in pressure for undisclosed dealing and
for non transparent dealings

Developing countries play important role in TRIPS some of the developed countries
they have backed temporary waivers for manufacturing vaccine in poor countries
countries like Europe and its allies are not in favour to full fill the demand of
vaccine supplies

If the rich countries give away the right to waivers to manufacture the vaccine the
vaccine supply might increase it can reach all the parts of the world and end the
pandemic.

Why it is important waive patent right for covid 19 vaccine?

As of now only manufacturing for covid 19 vaccine is manufactured by only

authorized drugs company, by giving patent to there will be no ban on trade or ban in
commercial activities and allow vaccine recipe to shared, any company which have
the capacity of required technology and infrastructure can get patent to waive covid
19 vaccine ,this leads to fulfilling the demand ,and lends to cheaper vaccine and will
be available to every one ,it will be a gamechanger in this pandemic because vaccine
will be affoedble to everyone there will no shortage of vaccine any further.

LITRATURE REVIEW;
1)Article by Indian express; the intellectual property waiver
The articles clearly tells the problems of IP in the field of public health sector and
vaccine and it is clearly understood right to health is denied.
2)Author; Dr S.S Jadhav president DCVMN
Article; Intellectual property rights and vaccine in developing countries
In this article the important of IP, WTO TRIPS agreements, and Doha declarations
are discussed
3)Author: Massed Ahmeed
Article; would exempting covid 19 vaccine from Intellectual property rights improve
global access and equity.
In this article author speaks how IP rights is been misused to gain economical
advantages.
4) Author: PRAKESH MISHRA
AeticleL;Intellectual property waiver of covid 19 vaccine

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Source ;INDISN EXPRESS NEWS PAPER
This article gives us information about relationship between intellectual property
rights and trips and reasons for demand for waive patent on covid vaccine
5)Article; debate around covid 19 vaccine and IP rights
Author: Arnab acharya
About author: He is a independent scholar, he was member I several academic
consultancy in London school of hygiene and tropical medicine he have Ph.D in
microeconomic theory and and masters in public health

Conclusion

In this research we have seen both advantages and disadvantages of intellectual

property rights for vaccine but the final question is weather vaccine should be
exempted, from intellectual property rights on the basis of public health crisis ,if
vaccine is exempted from intellectual property rights low developed countries suffer
big problems and they should be totally dependent on wealthy countries for
vaccine ,but if it is not exempted million of people will not get a chance to be
vaccinated due to prize factor in fact the question is very complicated, where
pandemic, intellectual property rights ,and manufacturing of vaccine are linked to
each other in very compact way manufacturing of vaccine require big investment,
and funds it is not possible for LDS therefore patents helps the public to get vaccine
faster but the impact of intellectual property rights will however be in favour of
wealthy country and against LDS, intellectual property rights is not a problem but
there should more stricter ,rigid terms and condition to monitor intellectual property
rights in vaccine .

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