During the Covid-19 pandemic, the exhaustingly heated debate on the advisability of suspending vac-cine patents became a familiar topic not only among patent specialists but also to the general public. There were staunch defenders of patent protection and those for whom patents merely safeguard the economic interests of pharmaceutical companies and deny citizens' right to healthcare. Every generalized health emergency - whether the appearance of HIV or the current Covid-19 pandemic - triggers acrimonious debate on the need to suspend patents covering medical devices and agent necessary to fight the disease. The consensus view is that patent monopolies bar general access to therapeutic treatments. The frequently abstract, ideological and emotional tones adopted during the debate do not help objective assessment of the pros and cons of patent suspension and its feasibility. This work aims to provide a clear, objective overview of what suspension of anti-SARS-CoV2 (COVID-19) vaccine patents would entail. Three essential questions are considered: First, what is the intended purpose underpinning any suspension of anti-Covid vaccine patents; Second, what patents should be "suspended"; Third, what, if any, legal instruments exist that would enable rapid, effective patent suspension. EMA/707383/2020 Corr.1; 19 February 2021, https://www.ema.europa.eu/en/medicines/human/EPAR/comirnaty; EMA/15689/2021 Corr.1; 11 March 2021, https://www.ema.europa.eu/en/medicines/human/EPAR/spikevax; https://worldwide.espacenet.com/ WO2021/188969-A2; WO2021/213924-Al; WO2021/213945-A1; WO2021/214204-A1; WO 2021154763 A1; WO 2021159040 A2; WO 2021159130 A2; WO 2021222304 A2: WO 2021231963 A1; US Patent 10,960,070; US16/344,774; US2021/0275664; WO2021/163365; WO2007/024708; EP2578685 B1; US8278036 B2; US8691966 B2; US8748089 B2; US8835108 B2; US9750824 B2; WO2011/071931; WO2014/160243;US11060107B2; US 9,404,127 US9,364,435; US8,058,069; US10166298-B1; US11040112-B2; EP3532103-A; US9737619-B2 (claim 1); EP3532103 (claim 6); WO2021030701; US9,404,127; US9,364,435; US8,058,069.
Claudio Germinario, Paolo di Giovine, Chiara Triunfo, Federica Bigucci, Patrizia Rampinelli (2022). IS SUSPENSION OF ANTI-SARS-COV2 VACCINE PATENTS THE MOST APPROPRIATE AND FEASIBLE STRATEGY TO DEAL WITH THE COVID-19 PUBLIC HEALTH EMERGENCY?.
IS SUSPENSION OF ANTI-SARS-COV2 VACCINE PATENTS THE MOST APPROPRIATE AND FEASIBLE STRATEGY TO DEAL WITH THE COVID-19 PUBLIC HEALTH EMERGENCY?
Federica Bigucci;Patrizia Rampinelli
2022
Abstract
During the Covid-19 pandemic, the exhaustingly heated debate on the advisability of suspending vac-cine patents became a familiar topic not only among patent specialists but also to the general public. There were staunch defenders of patent protection and those for whom patents merely safeguard the economic interests of pharmaceutical companies and deny citizens' right to healthcare. Every generalized health emergency - whether the appearance of HIV or the current Covid-19 pandemic - triggers acrimonious debate on the need to suspend patents covering medical devices and agent necessary to fight the disease. The consensus view is that patent monopolies bar general access to therapeutic treatments. The frequently abstract, ideological and emotional tones adopted during the debate do not help objective assessment of the pros and cons of patent suspension and its feasibility. This work aims to provide a clear, objective overview of what suspension of anti-SARS-CoV2 (COVID-19) vaccine patents would entail. Three essential questions are considered: First, what is the intended purpose underpinning any suspension of anti-Covid vaccine patents; Second, what patents should be "suspended"; Third, what, if any, legal instruments exist that would enable rapid, effective patent suspension. EMA/707383/2020 Corr.1; 19 February 2021, https://www.ema.europa.eu/en/medicines/human/EPAR/comirnaty; EMA/15689/2021 Corr.1; 11 March 2021, https://www.ema.europa.eu/en/medicines/human/EPAR/spikevax; https://worldwide.espacenet.com/ WO2021/188969-A2; WO2021/213924-Al; WO2021/213945-A1; WO2021/214204-A1; WO 2021154763 A1; WO 2021159040 A2; WO 2021159130 A2; WO 2021222304 A2: WO 2021231963 A1; US Patent 10,960,070; US16/344,774; US2021/0275664; WO2021/163365; WO2007/024708; EP2578685 B1; US8278036 B2; US8691966 B2; US8748089 B2; US8835108 B2; US9750824 B2; WO2011/071931; WO2014/160243;US11060107B2; US 9,404,127 US9,364,435; US8,058,069; US10166298-B1; US11040112-B2; EP3532103-A; US9737619-B2 (claim 1); EP3532103 (claim 6); WO2021030701; US9,404,127; US9,364,435; US8,058,069.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
