Roles of Patents in Pharmaceutical Industry in Comparison with the Information and Communication Technology (ICT) Industry and why are Pharma Giants unwilling to Join Patent Pledges and Patent pools to Fight COVID-19

  • Kuunal Bakshi and Poonam Mudgil
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  • Kuunal Bakshi

    Advocate at Delhi High Court, India

  • Poonam Mudgil

    Advocate at Punjab and Haryana High Court, India

Abstract

The Patent regime confers on the creator the exclusivity to protect, preserve and safeguard technologies, innovations or inventions in accordance to the every industry patent standards. The role of patenting becomes more crucial when patenting system of technology and invention vary in different ways in different industries, thereby requiring the patent regime to outlay and strategies to the needs of the industries. This paper aims to showcase the role of a healthy patent protection regime in two industries. A patent regime in Pharmaceutical Industry aims at the commercial viability, profiteering and advancement in remote areas and also tackle the issue with ever-greening. Whereas, in the Information and Communication Technology technologies have become fragmented proprietary knowledge over the years of development causing difficulty in the commercialization and licensing of the technology and highlighted the issues of Patent Thicket and issuance of FRAND license in the industry. Further the paper aims to evaluate the challenges, complications and reluctance by the Pharmaceutical giants like Pfizer, J&J, etc. to create a UN backed medical patent pledge and patent pool to come together unanimously to develop a vaccine and tackle head-on the Covid-19 pandemic.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 1183 - 1192

DOI: http://doi.one/10.1732/IJLMH.26300

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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