The corona virus continues to cause panic in all countries. In our previous articles, we talked about the legal consequences that would occur if treatment was available, and anxiety about whether treatment could reach poor countries worldwide. All governments continue to take precautionary measures. Given the severity of the current health crisis and the increase in economic pressures, it is not surprising that the possibility of a mandatory patent license has emerged in recent weeks in some countries.
The first involuntary patent license related to the corona virus has been previously issued. Although most compulsory licensing provisions exist in most countries, recently governments have been making efforts to finalize these licenses.
In the continuation of our article, the changes made by countries are mentioned.
Significant steps have not been taken in Australia. However, when the discussions between the government and the opposition were taken into consideration, the opposition stated that it wanted the country to benefit from certain provisions. Brendan O’Connor on this topic; “To detail how the Crown use of patents can be called up, especially for remanufactured businesses, to address core goods deficiencies affected by uninterrupted supply chains.” Dee was.
On 23 March 2020, a new law came into force in France. This law is directly related to public health law. In the content of the law, the state has the right to confiscate the materials it determines when necessary. Apart from this, there are necessary measures to temporarily control the prices of the products and to offer the related drugs to the patients. In addition, there are explanations that France may suspend some licenses in order to realize the required production before certain patents expire.
The Ecuadorian assembly has mentioned that almost all kinds of research data, drug patents, and necessary licenses will be evaluated if necessary. The country's health minister made a statement on the subject. This decision is not binding for the government.
The Chilean House of Representatives has taken a decision urging the country's government to declare support for mandatory licensing of patented products that can be used to help treat corona virus patients. The decision is not binding for the Chilean government. Chile has also issued other decisions on compulsory patent licenses in recent years.
It is one of the countries affected by this process in Germany. Although it is the largest country in Europe, the global coronavirus pandemic has also affected Germany. Decisions taken in Germany have often identified new methods of licensing on matters of public interest or health. Licenses granted under this provision can be objected to administratively, but will not be suspended without waiting for the result of the difficulty.
Canada has changed its laws to facilitate the issuance of compulsory licenses. Unlike existing mandatory licensing provisions, the new law allows the government to license without first contacting the rightful owner or establishing the ability to supply his own product. Licenses granted under the new legislation are non-transferable and will be revoked if the national state of emergency ends. The sentence will expire at the end of September 2020 and no patent will be granted from now on.
It is not yet clear to what extent countries, including the world's largest economies, will disclose biopharma and medical device patents in their responses to the covid-19 pandemic. This will be determined by the availability of key treatments and equipment, and by the beneficiaries being able to meet the needs of the states at an affordable cost.