Pandemi̇ Aşilari Ve İlaçlarinda Patent Korumasinin Değerlendi̇ri̇lmesi̇

Abstract

The COVID-19 outbreak was declared a worldwide epidemic (global pandemic) by the World Health Organization (WHO) on March 11, 2020. With this announcement, WHO warned countries that the epidemic represents an unprecedented global economy and health crisis. Although countries try to prevent this pandemic with restrictions and measures such as curfews at various levels, working from home, closing the borders or applying quarantine to foreigners, it cannot be supported that these measures have worked very well due to the measures taken by the countries do not end the epidemic but only slow down the process. If the epidemic continues for a while, the result will affect not only human health, primarily physically and psychologically, but it will also cause damages in various areas such as economy, industry, education and tourism. In order to prevent the COVID-19 epidemic, which has been affecting the world for a short time at the beginning of 2020 but has been continuing for a long time, the most effective remedy we have at the moment is the COVID-19 vaccines. As of the end of December 2020, some countries which can reach shots has begun to vaccinate vulnerable groups. As of July 18, 2021, it is seen that 3.66 billion vaccine doses have been made worldwide.
 On the one hand, while some countries are trying to reach two vaccine doses, some other countries have switched to third dose vaccination in some regions, as in our country. On the other hand, even a single dose of vaccine has not been administered in some underdeveloped countries such as Haiti. Considering the rapidly mutating nature of the coronavirus, it is obvious that the pandemic will not end without simultaneous vaccination worldwide. Its negative impact on the sectors will continue for years. For this reason, with the statements of the World Trade Organization and some world leaders, discussions have arisen about whether it will be possible for pharmaceutical companies to waive their patent obligations for COVID-19 vaccines and treatments. Because, in this extraordinary period we are in, a balance needs to be struck between the legal protection provided by the patent right to pharmaceutical companies within the scope of the TRIPS Agreement and the right of access to drugs, which is one of the fundamental rights of people. Therefore, this study will discuss whether a waiver of the pharmaceutical patent obligations for COVID-19 vaccines is possible or not by considering similar examples seen in the world.