The pharmaceutical industry has extremely quickly
responded to the challenges posed by the COVID-19 pandemic. Within
a year, several research centres have developed vaccines that have
given hope to billions of people that their health and even their
lives can be saved. Yet access to vaccination is limited and the
poorer the country, the less likely it is that its citizens will
soon receive the necessary protection. Could resorting to the
principles of a compulsory license be a remedy to cure all
coronavirus ills?
The outlook sounds exciting, but first a handful of facts.
A patent, which is an exclusive right granted for
inventions, is absolute. This means that only the patent holder can
dispose of their right and derive an economic benefit from it.
National legal regulations provide, however, for the institution of
a compulsory licence, which is an exception to the above rule. In
certain strictly defined situations, such as the need to protect
human life and health,
