Covid 19 pandemic, patents and licensing models: The need for a balanced approach

Abstract

IPA contains elaborate provisions on compulsory licenses and the existing provisions were included by way of the 2002 Amendment to IPA. While the entire world is awaiting results of the trial involving the drug Remdesivir to treat patients affected by the Covid 19 pandemic, serious concerns have been raised in countries like India where the drug has been patented. Gilead Incorporated’s patented invention titled “Compounds for treating Filoviridae virus infections” relates generally to methods and compounds for treating Filoviridae virus infections and particularly to methods and nucleosides for treating Ebola virus, Marburg virus and Cueva virus. Gilead filed its patent application with the Indian patent office in April 2017 and the patent had been granted in February 2020. Thus, Gilead now has the exclusive right to prevent third parties from the act of making, using, selling or importing that product in India under section 48 of the Indian Patents Act 1970 (IPA). However there is no need to panic at this stage as IPA contains robust safeguards to deal with such situations and one of the most efficient legal remedy is the provisions relating to compulsory licensing of patented inventions.