Theory and practice of intellectual property
№ 2 / 2021
ISSN (Print) 2308-0361
ISSN (Online) 2519-2744
PDF (Ukrainian)DOI: https://doi.org/10.33731/22021.236692
Published 2021-05-14
Pharmaceutical nationalism as an instrument to ensure the access to medicines
Oksana Kashyntseva
Ukraine
https://orcid.org/0000-0002-2598-5614
Abstract
The article concerns the emergence of the phenomena of «pharmaceutical nationalism» in the year of the COVID-19 pandemic. Pharmaceutical nationalism is manifested in the qualitative and quantitative aspects. In the context of a qualitative manifestation of pharmaceutical nationalism, we presume the political will on establishing of a new state protectionist policy to local manufacturers of medicines, the establishing of preferences, exemptions of the patent monopoly basing on international legal instruments (TRIPS-flex). The quantitative aspect of pharmaceutical nationalism is the primacy of satisfaction of the needs of the domestic market of medicines in quantities that could ensure the biological security of individually for each state, independently of the interests of others. The article also raises the issue of the need and means of forming pharmaceutical nationalism in Ukraine.
The world community is calling for the demonopolization of research results on the prevention and treatment of COVID-19. WHO invites developers and companies to work together to ensure the disclosure of treatments and methods if they prove effective. International Federation of Library Associations and Institutions also presented an open letter to WIPO urging WIPO to use all available flexible intellectual property mechanisms to maximize global access to information (research data) on the treatment of COVID-19. Canada, Israel and the EU are working to prevent the monopolization of COVID-19 prevention and treatment.
Ukraine should actively work to develop legislation in the field of compulsory licensing, as provided for in Art. 31 TRIPS Agreement. From a political point of view, it is the historical chance of Ukraine to become «he second India» or «the first Ukraine» in Europe in the production of generic medicines and biosimilars.
Keywords: pharmaceutical nationalism, access to drugs, compulsory licensing, government use, exclusion from intellectual property rights
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