Introduction
This case study is silent on the aspect of whether MITIM Company possesses a valid patent, or license for manufacture and/or distribution of vaccines for swine flue (Influenza A H1N1) in this country.
Patent for use of H1N1 vaccine
It is assumed that they do not possess a valid license for use of this vaccine in the United Kingdom. Under such circumstances, their apparent reluctance to share this particular vaccine, fearing that it may be reproduced, or otherwise sold without due compensation for its rights, is unfounded, since this company has not been conferred with any special rights or privileges under law with regard to the production, distribution, or other matters connected with this vaccine for which this company could legally and rightfully claim recompense. Moreover, it is also seen that in the context of the UK, the laws concerning vaccinations are governed by relevant statutes which are being discussed at length.
Governmental regulations
“From 1 April 2009 the Health Protection (Vaccination) Regulations 2009 place an obligation on the Secretary of State for Health in England to accept and, so far as is reasonably practicable, make arrangements to ensure the implementation of recommendations from the JCVI.” (Joint Committee on vaccination and immunization (JCVI), 2009, para.1).
Thus, necessary powers have been vested with the Secretary of State for Health in England, through the recommendations of the Joint Committee on Vaccinations and Immunisation to enforce such preventive steps, through necessary programs that are necessary to arrest the pandemic of swine flue in this country. Thus, it could be said that it would be upon the discretion of the JCVI to decide the course of action to be followed, or whether the actions of this company not to share its vaccines could trigger legal reactions.
It is the discretion of the Secretary of State for Health in England, through the JCVI, who is the deciding authority regarding matters connected with vaccinations against H1N1 virus. “These Regulations place an obligation on the Secretary of State to make arrangements to ensure that qualifying recommendations of the Joint Committee for Vaccination and Immunisation with regard to provision of national vaccination programs are implemented.” (Statutory instruments: Public health, England, 2009, p.2).
Available options
The various options that could be enforced would be in terms of the following:
- Seeking to enforce the right of the British government under relevant health statutes to compel the company to share its vaccine technology for the benefit of the weaker sections of the society, not only in Britain but also in the world, since this pandemic has now developed worldwide status.
- Seeking the company to seek a patent of its vaccines and thereby legalize its stand on this issue.
The latter choice would be more appropriate since it could seek a better market for its products and also help recoup the heavy investments it has made towards developing the H1N 1 vaccine. Besides these investments cold also be returned to its shareholders through profits and dividend payouts in the event the Government decides to buy these vaccines in bulk from MITIM in the future. The claim of an unlicensed vaccine owner is contestable under law, and it is indeed in this company’s own interests to avoid future legal wrangles that it seeks suitable patent protection for its H1N1 vaccines in the United Kingdom.
Conclusions
“Preventative measures taken by governments may include vaccination, to prevent people from catching flu. This is why some governments have chosen to purchase the influenza A (H1N1) vaccine in development. Another preventative measure is the use of anti-viral medicines, which some governments have already been stockpiling for several years.” (H1N1 influenza, 2010, para.15).
Reference List
H1N1 influenza: Responding to a pandemic. (2010). GSK: Glaxo SmithKline. Web.
Joint Committee on vaccination and immunisation (JCVI): Health protection (vaccination) regulations 2009. Web.
Statutory instruments: Public health, England. (2009). UK: The Stationery Office Limited. Web.