Equal Access to Vaccines and Medicines – How Can Patent Law Approach Pandemics Effectively?

Abstract

Although IPRs are property rights giving their owners control over assets, they are not guaranteed unlimitedly. Therefore, this article will analyse the correlation between the protection of patents as a driving force for investment and innovation, on the one hand, and the unhindered access to healthcare technologies, on the other hand, with close attention to the Covid-19 pandemic. Keeping this relationship in mind, it will discuss legal and pragmatic solutions for guaranteeing equal access to vaccines and medicines, in order to find an effective approach to future pandemics. It will argue that there is not one perfect approach of patent law to pandemics, but a policy toolkit is needed that considers collaboration, as well as knowledge transfer and balances the scope of protection with IP limitations and exception.