COVID-19 and the Rebirth of Compulsory Licensing: An Examination of the Right to Health Care

5 Pages Posted: 26 May 2020

See all articles by Emaediong Akpan

Emaediong Akpan

University of Uyo (UNIUYO) - Faculty of Law

Chinonyerem Ememobong

Akwa Ibom State Polytechnic

Date Written: May 21, 2020

Abstract

The COVID-19 epidemic has ravaged nations leaving a high death toll in its wake. This article examines the intellectual property issues that may surround an invention of a vaccine for COVID-19. Chief amongst these issues being compulsory licensing. The compulsory licensing of a COVID-19 vaccine patent was examined with respect to the right to health. International treaties on compulsory licensing and the right to health was discussed as a justification for making vaccines such as that which may be discovered for the COVID-19 available to developing countries like Nigeria. It was discovered that the Nigerian Constitution does not make justiciable the right to health. It was recommended amongst others that the Nigerian State should leave up to its international commitments as contained in treaties signed by making policies that ensure access to health care.

Keywords: Right to Health, COVID-19, Compulsory Licensing, Patents, Vaccine

Suggested Citation

Akpan, Emaediong and Ememobong, Chinonyerem, COVID-19 and the Rebirth of Compulsory Licensing: An Examination of the Right to Health Care (May 21, 2020). Available at SSRN: https://ssrn.com/abstract=3606917 or http://dx.doi.org/10.2139/ssrn.3606917

Emaediong Akpan (Contact Author)

University of Uyo (UNIUYO) - Faculty of Law ( email )

University of Uyo, Uyo
Akwa Ibom
Nigeria

Chinonyerem Ememobong

Akwa Ibom State Polytechnic ( email )

Ikot Osurua, Ikot Ekpene
Nigeria

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