Compulsory Licensing to Save Lives and End COVID-19

Neeraj Bidhuri, Galgotias University.

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ABSTRACT

Over the past few months, the second wave of covid-19 has fizzled out the country’s healthcare sector. Many states in the country are giving SOS calls to the center for the shortage of medical supplies. There are notices at the entry gate of many hospitals displaying “no beds available”. The situation in the country has turned precarious with an insufficient supply of medical oxygen and essential drugs. so far three vaccines have been approved by the government of India for the treatment of covid-19 — Covaxin, Covishield, and Sputnik V for restricted use. However, with the second-highest population in the world, ensuring treatment to be accessible and affordable to everyone is also a challenging part for the government. In anticipation of the needs, the government should find the best ways to ramp up the vaccination. On the grounds of public policy, the Government can use compulsory license as a tool to increase the production of patented vaccines. This article talks about the provisions under the Patents Act, 1970, and their application in the current emergency-like situation.

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