In the last few months, with a drastic increase in demand of masks and hand sanitizers in India, wherein the consumers have realized that these products are essential for daily requirements of hygiene, various local manufacturers/ SMEs have been inspired to manufacture local products. They are encouraged to file for trademark applications for registration of their brands under tags of "household hand sanitizers" and/or "alcohol-based antibacterial skin sanitizer gels". There has been a rapid increase in the number of applications filed with the Controller General of Patents, Designs, and Trademarks (that falls under the Ministry of Commerce), for terms like ‘Corona Sanitizer’, ‘Corona Safe’, ‘COVID Relief’ and many more. There have even been other applications like the application for the mark ‘Corona Safe’ filed under Class 3 for ‘smoothing face masks’ and ‘cleaning masks for the face’, in addition to ‘hand cleaners’ and other goods. More bewildering is another application which is for the mark ‘Corona’ under Class 9, i.e., in respect of a computer anti-virus software.

However, various pharmaceutical companies have also sent their trademark applications in recent weeks as they are building vaccines and other medical products to fight the COVID-19 pandemic. What would happen if a company was to find a vaccine or a cure for this disease? It would solve a world crisis and the company would be a worldwide sensation. What would happen if their vaccine was to be patented by them? It would mean that they would have the sole rights to make it and sell it. If this happens the company will have a monopoly over the vaccine. This would mean they would control the pricing, the distribution and their supply. The company would make a fortune with this vaccine. the cost of importing such a drug in a massive quantity would cost billions to any nation which is not feasible. It would be highly immoral to make a fortune at the cost of trillions of lives of people across the world. The company which patents it could lend its patent through a compulsory license (CL) to another company which would pay royalty and use the patent. Indian Pharmaceutical Alliance (IPA) has clarified that there have no CLs been issued in the last seven years. A CL is used as an anti-competitive tool to prevent a monopoly of one company.

The question that looms is should such vaccine be found, should it be allowed to be patented or should it be made public? In my opinion, no company should be given the right to make profits over a pandemic and that the vaccine should be made accessible to the public. All companies should be able to manufacture such vaccine and provide it to those affected at the lowest cost. The pharmaceutical companies have a different opinion in this matter as they believe they should have exclusive rights if they are the ones who discover it. While an intervention from the UN would solve the problem worldwide, the UN doesn’t seem to be discussing this anytime soon. This is a very grave topic as it can be simply narrowed down to what matters more, public health or profits? In the US there have been over 200 applications just for ‘Covid-19 vaccine’ which shows how urgently this matter needs to addressed.