Patent pools and innovation-based approach in global healthcare crisis

Abstract

During the COVID 2019 pandemic, the healthcare sector faced major jurisprudential questions about the intellectual property system. During this period, the world was in the midst of a healthcare crisis, wherein the debate between the reward for innovation versus accessibility to all at equitable rates have become intense. In a such challenging scenario, the scientific community were dedicated toward the research while the healthcare industry was indulging in arguments over the incentives on creation. In this paper, the authors, as IP researchers, argue that in a scenario where there is an intense dispute over innovation versus accessibility, probably patent pool can serve as a mechanism to handle the tussle. The authors have analyzed a few patent pool models that were chosen on the basis of the types of patents in the pool. Additionally, an attempt is made to scrutinize the laws governing patent pools in developed countries and developing countries. In doing so, the authors draw the benefits and limitations of the patent pools in healthcare. We follow a qualitative research methodology. The research is based on secondary data and has some limitations because of this.