Journal of Intellectual Property Rights

Latika Choudhary ¹, Abhijeet Kumar ²

Affiliations
1 School of Law, UPES, Dehradun, Uttarakhand - 248 007,, IN
2 Queen Mary University of London, London E1 2AT,, GB

Abstract

Humans in the era of 21st century have witnessed development at its epitome, coupled with obvious pros and cons. Their greed has led to over exploitation of resources, causing irreversible damages. Presently, the positive aspects of development seem to overshadow the negatives. Increased life span, mortality rate, better health facilities and treatment of incurable diseases are some affirmative outcomes of development. One such recent phenomenon is stem cell therapy. The credit for the discovery being spotlighted goes to scientists John Gurdon and Shinya Yamanaka, who were awarded the Nobel Prize in 2012 for discovering that ordinary cells of a living organism can be reprogrammed or changed into stem cells, which can further turn into any other tissue of the body. Owing to this breakthrough, the treatment of incurable diseases like cancer does not seem to be a distant dream. However, it is shadowed by concerns from critics on the grounds of morality due to its nature of procuring living components to get patents. In this paper, the author discusses the concept of stem cell therapy, the present legal scenario vis-à-vis its patentability and the ongoing debate regarding legal and moral implications of stem cell patenting.

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Latika Choudhary ¹, Hardik Daga ¹

Affiliations
1 School of Law, UPES, Dehradun, Uttarakhand — 248 007,, IN

Abstract

The Coronavirus disease 2019 or COVID-19, pandemic has transpired disastrous effects in the world in multiple forms ranging from the high death tolls to the steep fall in global economy. Even so, it had managed to provide a silver lining in the form of unanimity of researchers from several disciplines, who united to contribute blood, sweat and tears to present to the world the miracle of science- vaccines. One can only imagine the extent of investment which has gone into development of the few vaccines we have today. In fact the research continues to be in full swing, with the hope and zest to better. While every country fights the pandemic with vigor, it is the pharmaceutical R&D which is expected of breakthrough discoveries as a solution. Where the pressure to succeed is tremendous, millions invested and no option to fail is it not justified to expect and deserve patent for the same. This paper will dwell into the justification of patent over Covid-19 vaccines, the ongoing debate over patent waiver and analyze whether the waiver will in fact facilitate greater access and affordability of vaccines or prove to be an impediment for global supply.

Keywords

Patent Waiver, Covid-19, Vaccine, World Trade Organization, Intellectual Property Rights.

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