The intervention in COVID-19 patents should be cautious

The government's intervention in a patent related to a vaccine and treatment for COVID-19 developed with public funds from the government should be carefully reviewed

The MOHW said that the government's intervention in a patent related to a vaccine and treatment for COVID-19 developed with public funds from the government should be carefully reviewed.

 

Requesting nation share in patent rights or property rights of private companies just because vaccines and treatments were developed with government funding is the purpose of reviewing various legal grounds and social situations.

 

On the 15th, the MOHW made this announcement in a written inquiry for Seo Young-seok, a member of Democratic Party of Korea.

 

He asked the necessity of national intervention related to patents for COVID-19 vaccines and treatments with public funds.

 

Accordingly, the MOHW said that government-sponsored R&D requires a balance between incentives to achieve performance and publicity.

 

Specifically, the MOHW explained that the R&D performance technology license is granted to the host research institute, but it is collecting technology fees according to the proportion of the government-supported budget, and that the development of COVID-19 vaccines and treatments is applied equally.

 

It means that the results, such as sales profits of COVID-19 vaccines and treatments developed by investing public funds, will be given to pharmaceutical companies, but will collect royalties according to the amount of budget input.

 

The government's administrative basis is the Framework Act on Science and Technology and the Medical Service Technology Promotion Act.

 

However, the MOHW affirmed that the participating pharmaceutical companies expressed their intention to consider national health, such as showing a willingness to provide them free of charge upon successful development.

 

In fact, GC Pharma declared a free supply when it completed the development of plasma therapy in May, and Celltrion said it would not pursue profits with COVID-19 treatment in July.

 

SK Chemicals is also supplying Alvesco, an asthma treatment drug, to 11 hospitals for free.

 

In particular, the MOHW said that the Korean Intellectual Property Office is the supervisory authority for the issue of state intervention in patent rights, and that careful review is necessary.

 

He also inquired about the need to prepare for the invocation of a compulsory license in case the supply of COVID-19 vaccines and treatments is not smooth or it is difficult to secure supplies due to high price.

 

The MOHW said that the necessity of securing vaccines/treatments and initiation of compulsory licenses should be carefully reviewed.

 

Organizations such as the WHO recognize COVID-19 vaccines and treatments as public goods, and the importance of international cooperation in development and distribution is emphasized, and the invocation of a compulsory license should not be decided prematurely.

 

The MOHW said, "The technology license for R&D outcomes is given to the host company, but the provisions of the law to collect technology fees according to the support budget will also apply to COVID-19 vaccine and treatment system." Also it said that the Korean Intellectual Property Office should judge the intervention of the patent right through the law amendment, and a careful review is necessary.

 

The MOHW said that since COVID-19 vaccines and treatments are public goods, international cooperation is important for development and dissemination, and the invocation of compulsory licenses such as manuals should be cautious.

 

In addition, the MOHW added that the two-track strategy will be devoted to the introduction of overseas vaccines in Korea and the rapid development of domestic vaccines.