Abstract
The work is devoted to identifying the main problems of legal regulation of innovations in the medical field and developing the best options for solving them in the context of the Covid-19 pandemic. Thus, the research methodology is based on general and special scientific methods, in particular: formal legal, historical and legal, comparative analysis, and modeling. So, the procedure and issues to be considered are as follows. In the introduction, we will briefly highlight the origins of intellectual property rights issues in the medical field and the overall state of the pharmaceutical industry. In the first subsection of the third section, we will consider the positions of the main players in the pharmaceutical industry and the contradictions between them. In the second subsection, we will highlight the international obligations under TRIPS. In the third subsection, we will consider the consequences of their direct violation. In the fourth subsection, the impact of Covid-19 and the methods of legal regulation of medical innovations and patents under the TRIPS agreement will be discussed. In the fifth subsection, we will propose a way out and a compromise according to the Indian scenario. As a result of the study, contradictions were identified in the aspect of maintaining the balance of private and public interests between states and international pharmaceutical companies in the context of a pandemic and proposed ways to resolve them within the existing legal methods under the TRIPS agreement to achieve an acceptable compromise.
Highlights
The priority of every state is to ensure the inalienable rights and freedoms of man and citizen
The amendments proposed to Article 6 of the Patent Law will completely exclude patent protection for new forms, properties, or uses of medicinal products, regardless of their novelty, industrial applicability, and inventive step, are likely to violate the international obligations of the state of Ukraine in the field of patent protection under Trade-Related Aspects of Intellectual Property Rights (1994) (TRIPS) and rights and interests of global pharmaceutical companies, as foreign investors, under international agreements of Ukraine on the encouragement and mutual protection of investments
Not many publications are devoted to the theoretical side of the problems of legal regulation of innovations in the medical field, which in one way or another are due to the emergence of the pandemic of acute respiratory disease Covid-19
Summary
The priority of every state is to ensure the inalienable rights and freedoms of man and citizen. Enshrining the right of everyone to health care at the international and national levels imposes appropriate responsibilities on states to ensure it. There is no other country in Europe with such low coverage of drugs by the state Such disappointing data indicate that the right to health care in Ukraine is insufficient. There are enough reasons for this state of affairs: the stagnation of the economy and the fall in the exchange rate of the national currency, falling incomes of the population for several years in a row, the outflow of specialists, and, as a result, the high cost of medicines and medical services. Imperfect regulation, the fierce competition of many internal and external players have led to a number of abuses and scandals that have shaken Ukrainian society over the past few years (cf Kirsanov, 2020)
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