Covid-19 Disease as a Challenge for Patent Law and Patent Strategies

KOUKAL, Pavel. Covid-19 Disease as a Challenge for Patent Law and Patent Strategies. In Comparative Law in Times of Emergencies. 2021.

Basic information

• Original name: Covid-19 Disease as a Challenge for Patent Law and Patent Strategies
• Authors: KOUKAL, Pavel.
• Edition: Comparative Law in Times of Emergencies, 2021.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: Italy
• Confidentiality degree: is not subject to a state or trade secret
• Organization unit: Faculty of Law
• Keywords in English: patent law; covid-19; compulsory licensing; negatorial claims; patent strategy

Abstract

: COVID-19 decease has affected all areas of our society. Fighting the disease is already based on a wide variety of technical achievements like pharmaceutical ingredients and therapeutic technology. In particular, vaccines and other technological innovations are worldwide utilized and patent protected using considerable public and private research funds. The COVID-19 pandemic has had a significant impact on patent strategies for the development of new drugs, diagnostic methods or vaccines. In his presentation, the author focused on the impact of the pandemic on the possibility of asserting negator claims and also on the issue of compulsory licensing. The author argued that the debate on the waiver of patent rights that has arisen in several countries and also in the WTO does not pay the attention on the distinction between negatory claims and monetary compensation. Monetary compensation is also an essential condition for the granting of compulsory licences.