Emerging Science Journal
Vol 7 (2023): Special Issue "COVID-19: Emerging Research"

Legal Protection against Patent and Intellectual Property Rights Violations Amidst COVID-19

Wachiraporn Poungjinda (School of Law, Walailak University, Thai Buri, Tha Sala and 80160,)
Shubham Pathak (College of Graduate Studies (CGS), Center of Excellence in Sustainable Disaster Management (CESDM), Walailak University, Thai Buri, Tha Sala and 80160,)
Ivan Bimbilovski (University of Information Science and Technology “St Paul the Apostle”, 6000 Ohrid, North Macedonia.)



Article Info

Publish Date
20 May 2023

Abstract

The concept of legal principles for intellectual property (IP) protection is related to the adequate marketing of drug patents to protect patent rights. The objective of this research is to understand and analyze the factors affecting the market concerning international law, treaties, acts, and declarations, leading to encouraging creativity, production, increased investment, especially amidst the COVID-19 pandemic. The qualitative methodology provided for an in-depth understanding and analysis of primary and secondary research data gathered from key informant interviews and published literature. The collected data were analyzed with Strength, Weakness, Opportunity, and Threats (SWOT), a Delphi panel, and Correct, Adapt, Maintain, and Explore (CAME) analysis. The results found legal problems concerning the lack of rules to protect the rights and freedoms damaged by the monopoly on drug patents, complexities in the process of importing medicinal compounds, and how to access information with limited accessibility during COVID-19. Therefore, it is advisable to amend the law to curtail monopolies and to enact a law that prescribes rules for importing medicinal compounds to produce generic drugs in the country, including identifying the status of the patent holders. The research further paves the way for utilizing micro level research to be conducted in the development of intellectual property rights. Doi: 10.28991/ESJ-2023-SPER-016 Full Text: PDF

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Journal Info

Abbrev

ESJ

Publisher

Subject

Environmental Science

Description

Emerging Science Journal is not limited to a specific aspect of science and engineering but is instead devoted to a wide range of subfields in the engineering and sciences. While it encourages a broad spectrum of contribution in the engineering and sciences. Articles of interdisciplinary nature are ...