Research on the Adjustment of Patent Protection Standards under Emergencies: Based on the TRIPs Agreement

Abstract

The patent system has a catalytic effect on innovation and imports, which could go some way to alleviating the current vaccine dilemma in the pandemic environment, i.e. insufficient capacity and inequitable distribution. This paper identifies this role through a review of the patent system and the TRIPs Agreement and argues that countries have the flexibility to adapt their patent systems to the current situation through the flexibility provisions of the TRIPs Agreement to maximize this facilitative role in addressing the vaccine issue. This paper suggests that in the current pandemic environment it is necessary to stimulate pharmaceutical companies to accelerate the process of vaccine development by reducing the inventive step testing requirements. In addition, to reduce market risk and maximize the extent to which patents can facilitate the vaccine development process, this paper argues that flexibility should not be used as an excuse for adjusting the duration of protection and requiring a complete patent waiver.