McMahon, Aisling (2020) Global equitable access to vaccines, medicines and diagnostics for COVID-19: The role of patents as private governance. Journal of Medical Ethics, 47 (3). pp. 142-148. ISSN 0306-6800

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Abstract

In June 2020, Gilead agreed to provide the USA with 500 000 doses of remdesivir—an antiviral drug which at that time was perceived to show promise in reducing the recovery time for patients with COVID-19. This quantity represented Gilead’s then full production capacity for July and 90% of its capacity for August and September. Similar deals are evident around access to proposed vaccines for COVID-19, and such deals are only likely to increase. These attempts to secure preferential access to medicines and vaccines, so-called vaccine/treatment nationalism, jeopardies supply of life-saving treatments and vaccines available elsewhere, and jeopardise global equitable distribution of such vaccines/treatments more generally. Much of the focus to date has been on States’ role in negotiating such deals. However, such developments also demonstrate the power patent holders have in controlling access to life-saving healthcare, determining who obtains access first and at what price. This article argues that the extent of control currently given to patent holders for COVID-19 must be questioned. This article demonstrates that patents have significant implications for healthcare acting as private governance tools over patented inventions. It is only by greater probing of patent holders’ role in delivering access to medicines, diagnostics and vaccines for COVID-19 that equitable global equitable access can be achieved.

Item Type:	Article
Additional Information:	Cite as: McMahon AGlobal equitable access to vaccines, medicines and diagnostics for COVID-19: The role of patents as private governance Journal of Medical Ethics 2021;47:142-148. Copyright: This article is made freely available for use in accordance with BMJ’s website terms and conditions for the duration of the covid-19 pandemic or until otherwise determined by BMJ. You may use, download and print the article for any lawful, non-commercial purpose (including text and data mining) provided that all copyright notices and trade marks are retained.
Keywords:	COVID-19; remdesivir; Gilead; vaccine;
Academic Unit:	Assisting Living & Learning,ALL institute Faculty of Social Sciences > Law
Item ID:	16715
Identification Number:	https://doi.org/10.1136/medethics-2020-106795
Depositing User:	Aisling McMahon
Date Deposited:	17 Nov 2022 11:21
Journal or Publication Title:	Journal of Medical Ethics
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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