HOLDING BACK ON THE PATENT RIGHTS FOR THE CURE OF COVID-19

 As we all know that COVID–19 cases are increasing daily on a grave scale all over the world. Also, it has been hard for the Government to keep up with the situation. COVID-19 is a serious pandemic which has taken hundreds and thousands of lives across the world.

Looking at the unfortunate situation which the entire country is facing now, it becomes absolutely necessary to temporarily restrict and to suspend patents on all COVID-19 medicines which might be developed in the near future.

According to The Indian Patent Act,1970 there is a provision which allows the Government to amend patent rights in a situation of pandemic. The Government can obtain the patent from the patentee if the situation of the pandemic is getting out of control and the patentee will be paid by the Government with royalty and beneficiaries.

This is done because, the Government has to ensure that every induvial of the country is getting the utmost benefit of the drug at free of cost or at a price which is affordable to each and every one during such an unfortunate situation. This act provides an authority for the Government once the patent rights is amended. In case a drug is invented which can cure the pandemic, the Government is also allowed import the drug to all the hospitals and dispensaries across the country for public benefit. This will also allow the Government to export the patented drug for the pandemic to the countries who are deprived of the same. If there is patent on the drugs for the ongoing pandemic it can be a threat to the lives of people, reason being not many individuals can afford the drug at a higher price. 

This temporary restriction of patent on the drugs for the pandemic assures easy access to the public at a reasonable price.