The COVID-19 Vaccine: Patent Rights Essay

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Response to Sharing Requests

The COVID-19 pandemic has affected all sectors of the economy, calling for a multi-faceted approach to mitigation facilitated by stakeholders in critical departments. As companies directed a significant portion of their resources to vaccine manufacturing, non-governmental organizations have been calling for partnerships with multiple companies to create more vaccines. However, vaccine manufacturers have demonstrated their disapproval of sharing their secret recipes for the drugs citing the U.S. patent laws. According to D’emilio (2021), Moderna has declined requests from the United Nations Health Agency (UNHA) to share its drug formula, arguing that it has the capacity to supply enough vaccines while maintaining its patent rights. Although the company sees this step as their legal responsibility, I feel such decisions should be guided by more influential factors than productivity and laws. My response would be inclined towards society’s long-term gains as opposed to financial benefits.

The seriousness of the pandemic can be seen in the millions of people dead and those affected in multiple ways. Rowland et al. (2021) record that drug manufacturers have ignored the global outcry maintaining that pandemics and patents do not mix. In their defense, these companies have cited the U.S. patent law, which holds that a patented company has the sole right to produce and distribute its products (Dratler & McJohn, 2022). As a CEO of one of the vaccine manufacturing companies, I would be open to sharing our intellectual property (IP), giving access to verified corporations to produce the same vaccines. However, I would require them to abide by some rules described below aimed at maximizing the benefits derived from this arrangement without enriching an individual company at the expense of people’s health.

Circumstances

Patents have been linked more to business outcomes than non-commercial efforts. In this case, the first circumstance under which I would share the company’s IP aligns with an organization’s commercial operations. Essentially, the IP would be given out to non-profit organizations to ensure that their main goals are supplying vaccines globally without a financial motive. Taylor and Parker (2021) assert that Merck’s move to share its license with a charitable corporation will significantly facilitate COVID-19 mitigation procedures. I believe this should be the primary focus when sharing my business secret.

The second circumstance relates to the quality of drug manufacturing. In this regard, I would only share my recipe with corporations with a proven record of high-quality manufacturing and licensed under the state’s laws. In addition, I would explicitly require that no alterations be made to the manufacturing procedures to ensure that the original vaccine’s quality is preserved. Moreover, I would collaborate with the firms to monitor their distribution channels, ensuring a non-discriminatory drug supply. Although UNHA demonstrates its commitment to aiding patients in developing nations, such regions have received a significantly low medical supply. I would therefore impose the condition that vaccines be supplied to the most affected nations regardless of their economic status.

Biblical Influence

As a Christian I would be guided by the biblical reference to social, economic, and spiritual duties when deciding to share my company’s IP. Jesus encouraged sharing, preaching that “If anyone has material possessions and sees a brother or sister in need but has no pity on them, how can the love of God be in that person?” (King James Version, 2017, 1 John 3:17). This bible verse indicates that sharing is a sign of love and that whoever loves God should sacrificially assist those in need. Following this instruction, I would be willing to give out my IP to care for those affected by the pandemic and possibly save them from death. Just as God loved the world and gave Jesus without minding the cost, I would also not factor in the financial implications but rather be moved by the need to save humanity from the effects of the pandemic.

References

D’emilio, F. (2021). AP. Web.

Dratler Jr, J., & McJohn, S. M. (2022). Intellectual property law: Commercial, creative and industrial property. Law Journal Press.

. (2017). King James Bible Online. Web.

Rowland, C., Rauhala, E., & Berger, M. (2021). . Washington Post. Web.

Taylor, A., & Parker, C. (2021). U.S. drug company Merck to share license for experimental COVID-19 treatment with nonprofit organization. Washington Post. Web.

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IvyPanda. (2023, August 14). The COVID-19 Vaccine: Patent Rights. https://ivypanda.com/essays/the-covid-19-vaccine-patent-rights/

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IvyPanda. (2023) 'The COVID-19 Vaccine: Patent Rights'. 14 August.

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IvyPanda. 2023. "The COVID-19 Vaccine: Patent Rights." August 14, 2023. https://ivypanda.com/essays/the-covid-19-vaccine-patent-rights/.

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IvyPanda. "The COVID-19 Vaccine: Patent Rights." August 14, 2023. https://ivypanda.com/essays/the-covid-19-vaccine-patent-rights/.

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