The interplay between competition and patent laws in relation to access to medicines during future pandemics: A case study of the South African COVID-19 experience.
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Date
2024
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University of the Western Cape
Abstract
Competition law and its enforcement have become necessary tools in combating global health crises. This is especially true in light of the COVID-19 epidemic, which has made it imperative to increase access to emergency medications. Many nations were forced to rely on pharmaceutical companies to decide the cost and quantity of COVID-19 vaccinations to be supplied. Considering the high number of deaths and infections associated with the pandemic, with the World Health Organisation reporting over 7 million deaths, more could have been done to prevent such mortality had the issue of accessibility of vaccines been resolved at an earlier stage to ensure a balance of the enjoyment of the patents as well as the right to health.
One hand of the argument is the need for inventors to recuperate costs incurred in research and development and enjoy the monopoly granted by patents once vaccines have been developed. On the other side of the coin, competition law seeks to regulate any anti-competitive behaviour and it is undeniable that abuse of dominance which has resulted in extreme cases of exorbitant pricing of medication in the pharmaceutical industry needs to be curbed.
As a solution, this current study makes specific recommendations that are directed at promoting the access to medicines in future pandemics by balancing intellectual property rights to competition law, drawing lessons from the COVID-19 experience in South Africa.
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Keywords
Abuse of dominance, Compulsory licensing, COVID-19, Intellectual Property Rights, LAW/JURISPRUDENCE::Other law::Competition law