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8 Kathmandu Sch. L. Rev. 1 (2020)

handle is hein.journals/kslr8 and id is 1 raw text is: Kathmandu School of Law Review (KSLR), Volume 8, Issue 1, 2020, pp 1-20 https://doi.org/10.46985/kslr.v8il.2125 C KSLR, 2020 Exclusivity in Times of a Public Necessity: Balance of Interests in South Asia's Compulsory Licensing Regime Neha Dhava/ikar* &Ashok Pandey** Abstract The catastrophic impact of the COT/ID-1 9 pandemic on every facet of human life has made the requirement of a pharmaceutical breakthrough in the form of a vaccine more urgent than ever. The urgency has led to a hundredplus researches being underway, with tremendous amounts of capital and intellect invested. The vaccine being an invention, invitespatent regulations and the rights of thepatent holder associated w~ith the invention. However, given the urgency of the situation, countries need to ensure hassle free access to the vaccine. Here, Compulsoryv Licensing regulations would pla an important role. Beginning ith a historical background of Compulsory Licensing under TRIPS, the authors analyse its subsequent amendment keeping in view the right of countries to give primay to pub/ic health over intellectual propery protection. The authors then highlight the diverse legislative positions of Compulsoryv Licensing in South Asia through the lens of the TRIPS position. The authors also comment upon Patent Pools, a comparatively new concept in the area of public health which is gaining spotlight. Further emphasis has been laid on keeping administrative impediments minimal w>ith regards to the working of the intellectual propery. This is important since firstljy, the majority of the attempts underwa are a collaborative innovation involving multijple stakeholders and secondl, multple patent qpplications could be filed for dfferent parts of a single invention leading to complexities while icensing. Finaly, suggestions have been given as to how the patent regulations could be worked so as to maintain a balance between the rights of the patent holder and public health. The COVID-19 pandemic has wreaked havoc by disrupting normal life, putting immense strain on the healthcare systems, and by bringing the economies of even the most developed countries in the world to a standstill. The alarming increase in the number of infected persons and death rates have shown the lack of preparedness and vulnerabilities of every country, regardless of their economic strength and advanced *Neha Dhavalikar is a B.A. LL.B 4th year student at Indian Law Society Law College, Pune, India. She can be reached at dhavalikarneha@gmail. corn. **Ashok Pandey is a B.A. LL.B 4th year student at Indian Law Society Law College, Pune, India. He can be reached at pandeyashok0l98@gmail.corn. This paper was awarded the Best Paper in the International Research Paper Writing Competition, which was organized by Kathmandu School of Law Review, Amnesty International Fusion Youth Network, and the Cognition Club. 1

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