Patent Pledges for Access to Medicine: Need of the Hour

  • Mariya Fatma and Dr.P.R.L. Rajavenkatesan
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  • Mariya Fatma

    Research Scholar (Full Time) at VIT School of Law, VIT, Chennai, India.

  • Dr.P.R.L. Rajavenkatesan

    Associate Professor & Head of the Department at VIT School of Law, VIT, Chennai.

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Abstract

Patent Law gives an exclusive right to the Patent holder to exploit his Patent and thereby create his monopoly. But over a period of time, it has been seen that this monopoly given to the Patent holder interferes with the accessibility to medicine. Though there is an inbuilt Patent law mechanism that helps to strike a balance between public and patent rights, there are a few emerging concepts that are within the rights of the Patent holder and can contribute significantly in providing Access to medicine. One such concept is of Patent pledge that can be of much use. This article aims to outline the concept of Patent pledges. It also elaborates the contribution of different forms of tools like Patent pledges and Patent pool, within the rights of Patent holders in the fight against COVID-19.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 257 - 267

DOI: https://doij.org/10.10000/IJLMH.112835

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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