Release of Invention Patents and inequitable distribution to fight Covid-19 Pandemic What awaits us? 

The Invention Patents traditionally have fulfilled globally an incentive function for the investment in development and research. Once its exclusive exploitation protection ends it becomes a fundamental element in the transfer of knowledge. Experience suggests that over the years in the pharmaceutical industry to grant an intellectual property right, specifically invention patent, a vast stimulus has been made for accelerated development and a constant innovation in this field. Detractors of these types of rights will always exist; but even generic product companies need this I+D (research + development) that the big pharmaceutical companies produce. However, now it is globally discussed for the specific case of Covid-19 vaccines if this is the moment to make an exception of this traditional protection model and should invention patents be released so that there is better access for the world´s population.

A discussion has started within the WTO, pharmaceutical sector and in general developed countries regarding the recent announcement made by the president of the United States of America, Joe Biden on the suitability of this strategy; Germany for example is against it. This solution faces several complex situations. Technically speaking this possibility is not so simple, taking into account that these invention patents have been developed based on different processes and technologies that at the same time are protected by patents. If these new technologies are not protected, there is a risk of discouraging their development, because many of the companies that have generated these technologies are financially dependent on these patents. Illustratively it has been indicated that the Pfizer and Moderna vaccines use such a unique technology that few people know at this time how to use and produce them. From the point of view of material possibility of production, it is not easy either, although these patents could be released, factors such as time, knowledge transfer, material resources, assurance in the quality and safety of the production process and the necessary infrastructure would make this possibility unfeasible in the short and medium term. The world doesn’t have time for these discussions, people are getting sick and dying on a large scale.

Everything suggests that the way forward will not be the release of patents but other options such as the approval of voluntary temporary licenses, reaching agreements to outsource with other potential manufacturers, and sharing knowledge without geographical restrictions. Those countries that have contracted and purchased more doses than the ones they need should immediately sell or donate them to the countries that most need them; an equitable distribution and opportunity of purchase of the vaccines globally should be achieved, especially for developing and poor countries. 

Certainly the strongest argument of why the vaccines have been monopolized by the richest countries is that the pharmaceutical companies that have develop them (that originate from these countries and that have received their government´s support) need to ensure from the economic point of view, the effective and immediate return of their investments; but this stage already has been efficiently fulfilled. Now these same countries that purchased the majority of the production of vaccines, such is the case of the United States of America and Canada have realized that it is not enough for their inhabitants to be vaccinated since now they experience even a surplus and in some cases donations are being carried out; while the rest of the world´s population continues to infect itself and is dying, which also affects their own interests, their economies, commercial exchange and tourism.

Some studies have indicated that, in the face of such important inequality in the distribution of vaccines, ninety per cent of the inhabitants of the 70 poor countries will not have access to get vaccinated against Covid-19 this year. The above also has caused another very dangerous phenomenon which is in presence of desperate situations and measures, some countries of medium and low resources are trying to purchase vaccines that have not been duly approved by international health entities which would put the infection and mortality rate even more at risk. Another unfortunate fact is that it is estimated that rich countries comprise 16% of the world´s population and have monopolized 60% of the doses of vaccines that have been produced. These decisions made by rich countries can turn back in a negative way because they will cause the virus to continue spreading and that new strains and mutations will continue to produce themselves, which will challenge even more the effectiveness of the vaccines that already are developed and at the end not even their own populations will be out of danger. The current picture is that they are not enough vaccines for everybody, nobody will be safe until we are all safe. That´s why from now on decisions made by world health authorities, pharmaceutical companies and these governments will be decisive for the future of absolutely everyone.   

Ana Catalina Monge R.
Mmonivation