Nbassociates Writing Publishing Daily Vorer Kagoj

Considering the rate of vaccine of Covid-19 though a clear difference is observed between the rich and the poor countries, situation of Bangladesh in this regard is commendable. It is good news for the poor or developing countries that after such a long time the Biden Administration of USA has agreed morally to waive regarding patent rights. Though, Germany does not agree to waive the patent and intellectual property rights of their vaccine.

Due to Germany’s adoption of counter-policy we are thinking about the next step of the initiative which took the American Pfizer Company and the German Bioentech Company regarding joint vaccine production process. The number of laws that are called together Intellectual Property Law, Patent is one of them.

Though this Act is used depending on some Treaties and Agreements but each country has separate Patent Act which is known as Patent Design Act, 1911 in our country. Through the patent right the innovated commodity, innovation process and marketing are preserved. That is, if any person or any company wants to preserve the innovating process of any commodity or process, he has to take the shelter of the specific Patent Act of that country or the geographical boundary and afterwards that specific company sells their patented innovating process or strategy in high price or can give to other company in the shape of patent licensing for a specific time in exchange of money under this Patent Act.

But in present time as all countries of the world are affected with (Covid-19) Corona Virus, the poor countries are looking towards the vaccine producing countries for waiving on vaccine of Covid-19. Before some days, in her speech at UNO our Prime Minister has told to take initiative regarding this matter i.e. if the developed countries unveil patent strategy, many countries will be able to produce the vaccine of corona locally. Patent right has made acute discrimination between the poor and the rich countries.

Generally patent is registered for any process or strategy for the necessity of business i.e. for earning more profit. Even, the medicine producing countries take the patent right for the strategy of producing their medicine. But in this case, the type of Covid-19 vaccine is different; Covid-19 corona virus has taken the form of an epidemic worldwide. Here, if the vaccine producing countries take the patent right for their own production strategy, overall health situation of the poor countries will break down and epidemic will take the final shape. It is not necessary to say that all the countries of the world are not able to produce vaccine.

Again all the countries of the world are not so rich that they will be able to manage two doses of vaccine for their people in high price. For this, there is no alternative except to make relax of the Patent right to make vaccine available to all people of the world. Patent Rights always preserve the exclusive rights on unrestricted supply of patented commodities, marketing and profit of that specific company. This right lasts for 20 years on different countries. In our country as per Patent and Design Act, 1911, for any new invention, the owner is given exclusive rights for a period of 16 years. After 16 years, anyone may use the said innovated commodity without the permission of the proprietor. The proposed new patent law proposes 20 years in compliance with the TRIPS agreement and in line with other countries in the world. Only companies or individuals with patent rights during this period have the exclusive right to their strategy or innovation process and the absolute right to market the products produced.

Therefore, Most of the countries or the poor countries will have to look towards the countries having patent rights for getting corona virus vaccine; otherwise they will have to be affected by corona virus comprehensively. For this, the demand to open the patent right of vaccine worldwide is timely and universal though more than 100 countries including India, Bangladesh and South Africa have been demanding for lifting this patent rights. It is absolutely right that many countries have to invest huge money including raw materials for preparing vaccine of corona, so if thepatent rights of vaccine are withdrawn then the way to collect the money spent in that company for business purposes will be closed. But where humanity is endangered, an urgent policy decision must be made to withdraw patent rights. The Doha Declaration of TRIPS relaxes the patent rights on essential medicines for TRIPS signatory countries, so according to this formula for providing health service it is a demand of time to open Covid-19 vaccine for a certain time for unveiling the door of patent vaccine on the basis of geographical equality.

Nabendu Bhattacharjee


Bangladesh Supreme Court


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