Patent Waiver On Covid Vaccines?
DID YOU KNOW – The United States has reversed its initial stance on the enforcement of Covid-19 vaccine patents
What Are Pharmaceuticals Patents?
▪️ A pharmaceutical or drug patent is an exclusive right given to a company to exclude others from developing a particular medicine to treat a disease
▪️ A pharmaceutical patent holder can manufacture, market, and eventually make profits from its sales
▪️ In a recent report from I-MAK, the top 12 brand drugs in 2017 were protected by a total of 848 patents (71 patents per drug)
What is A Patent term For A Pharmaceutical Drug In The United States?
▪️ Pharmaceutical patents enjoy a 20 year term from their first effective filing date in addition to a variable term of market exclusivity from the Food and Drug Administration (FDA) that runs concurrently with the patent term
When Can a Patented Drug Be Manufactured As A Generic Drug?
▪️ When the original patent term has expired
▪️ When patents held on the drug are either unenforceable, invalid, or non-infringing
▪️ When there is no patent protection on the drug
▪️ When certain countries do not allow enforcement of patent protection
▪️ When the patent holder waives the right to enforce the patent
To Enforce Or To Not Enforce?
▪️ Proponents of the waiver of the Covid vaccine patents believe that non-enforcement would help developing countries produce generic drugs without legal restrictions
▪️ Opponents of the waiver of the Covid vaccine patents believe that patent waiver does nothing because Covid vaccine using messenger RNA technology require skilled expertise and complex manufacturing methods that most generic drug producers will have trouble sourcing
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