Biotechnological Invention and IPR: Patent Waiver for Covid-19 Vaccine

Abstract

For as long as one can remember, Intellectual Property Rights or rather the protection conferred by virtue of Intellectual Property Rights has enabled innovators to come up with exciting new inventions and discoveries which have had a significant impact on the human society in order for it to make strides in innovation and development. For instance, the invention of the Light Bulb by Thomas Edison and securing its patent helped him manufacture the light bulb and market it easily. As a consequence of which, the light bulb can now be found in each house and the patent protection ensures the right of the inventor over its discovery and prevents others from copying it. However, the other viewpoint is that had it not been for patent protection, the light bulb would have been more common in the streets of New York when it was invented and owing to the high market competition, it would even lead to being sold at cheaper prices. From this vantage point, the conscious decision of not patenting the Polio vaccine was taken, for it was a biotechnological invention that eventually helped in the eradication of Polio from the world. Had the makers of the Polio vaccine decided to patent the invention, it would not have been as accessible as it is. This paper attempts to focus on theories of social justice and ascertain the philosophy behind the Intellectual Property Rights in terms of biotechnological inventions tracing their journey from where it started to how far along it is in the process of making human lives simpler in the present times. Furthermore, the paper attempts to bring forth the repercussions of patenting the Covid-19 Vaccine and the implications, both social and legal, of the “Covid-19 vaccine waiver” trend which seems like a promising avenue amidst these times when a global pandemic is wreaking havoc on the entire world.