PANDEMIA COVID-19: WIELOPŁASZCZYZNOWOŚĆ PROBLEMU DOSTĘPU DO SZCZEPIONEK I INNYCH PRODUKTÓW LECZNICZYCH NA TLE FILOZOFII PRAWA WŁASNOŚCI INTELEKTUALNEJ
THE COVID-19 PANDEMIC: MULTIDIMENSIONAL PROBLEM OF ACCESS TO VACCINES AND OTHER MEDICINAL PRODUCTS

Summary/Abstract: The isolation and characterization of the full genetic sequence of the acute respiratory syndrome coronavirus SARS-CoV-2 triggered a global debate on the scope and conditions of access to vaccines and other medicinal products to combat the COVID-19 pandemic. In our opinion, the problem of the availability of a future vaccine for COVID-19 and the subsequent discussion related to it exemplify the theory of hard cases. From this perspective, an essential contribution to this debate is the preservation of homeostasis between the right to protect the interests resulting from intellectual activity and the right to health. When looking for instruments that can help to prevent abuses of intellectual property rights, it is impossible not to refer to the content of the instruments shaping the international system of human rights protection. The spread of the COVID-19 pandemic and the associated need to provide the appropriate medicines to millions of infected people justify the need to recognize the right of access to medicines as a fundamental category of human rights. While states are primarily responsible for implementing this right, they are under an obligation to undertake international cooperation to this end. Responsibility for ensuring access to medicinal products, however, rests not only with national governments, but also with transnational corporations as members of the international community.

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