Context: Recently, the Polit Bureau of the CPI(M) has said that the government should issue compulsory licences for the manufacture of a generic version of Remdesivir, an anti-viral drug being used to treat COVID-19 patients.
Background

• Remdesivir is developed to treat Ebola and related viruses.
• According to the World Health Organization (WHO), the drug helps to prevent Covid-19 viral replication. It has the best potential and can be used in high doses without causing toxicities.
• It has been observed that the USA has bought the entire stock of Remdesivir for the next three months. It will therefore not be available for the rest of the world.
• Vaccine nationalism occurs when a country manages to secure doses of vaccine for its own citizens or residents before they are made available in other countries.
• It is done through pre-purchase agreements between a government and a vaccine manufacturer.
• Also, the manufacturing firm of the drug Remdesivir has a patent monopoly and thus charging a price that is hundreds of times its original cost.

Proposals

• With the USA buying up all the stocks of the drug and high cost may cause unavailability of the drug for other countries including India.
• Thus, the party has suggested the government invoking Clause 92 of the Patent Act (1970) that allows it to issue compulsory licences.

Key Facts

• Compulsory licensing(CL): It is a process where a government allows someone else to produce the patented product or process without the consent of the patent owner.
• It is one of the flexibility on patent protection included in the WTO’s agreement on intellectual property –TRIPS  Agreement.

Section 84 of the (Indian) Patent Act,1970 provides that any time after three years from date of sealing of a patent, application for compulsory license can be made,provided:

• the reasonable requirements of the public with respect to the patented invention have not been satisfied
• the patented invention is not available to the public at a reasonably affordable price
• patented invention has not worked in the territory of India.

Section 92 of the (Indian) Patent Act,1970 provides that compulsory licenses can also be issued by the Government if there is either a “national emergency” or “extreme urgency” or in cases of “public non-commercial use”.