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Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal

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  • Tammy Cowart

    (Department of Accounting, Finance & Business Law, Soules College of Business, The University of Texas at Tyler, Tyler, TX 75799, USA)

  • Tsuriel Rashi

    (School of Communication, Ariel University, Ariel 40700, Israel)

  • Gregory L. Bock

    (Department of Literature and Languages, College of Arts and Sciences, The University of Texas at Tyler, Tyler, TX 75799, USA)

Abstract

Pharmaceutical companies, like many other types of companies, are incentivized to create, manufacture, and distribute new products, in part due to the legal protections of patent law. However, the tension between patent rights and the public good has been heightened as pharma companies developed new vaccines to combat the COVID-19 pandemic. Wealthy governments paid well for vaccines and received ample supplies, while low- and middle-income countries struggled to obtain access to any vaccines. Some countries called for pharmaceutical companies to waive their patent protections for vaccines in order to facilitate the worldwide manufacture and distribution of COVID-19 vaccines. This paper will examine the rationale of patent protection and patent waiver issues, then compare these concepts with ethical constructs and a Jewish perspective.

Suggested Citation

  • Tammy Cowart & Tsuriel Rashi & Gregory L. Bock, 2023. "Should Pharma Companies Waive Their COVID-19 Vaccine Patents? A Legal and Ethical Appraisal," Laws, MDPI, vol. 12(3), pages 1-11, May.
    • Handle: RePEc:gam:jlawss:v:12:y:2023:i:3:p:47-:d:1153681
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    References listed on IDEAS

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    1. Edouard Mathieu & Hannah Ritchie & Esteban Ortiz-Ospina & Max Roser & Joe Hasell & Cameron Appel & Charlie Giattino & Lucas Rodés-Guirao, 2021. "A global database of COVID-19 vaccinations," Nature Human Behaviour, Nature, vol. 5(7), pages 947-953, July.
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