신종 코로나바이러스 감염증 위기 극복을 위한 의약품특허의 강제실시권제도 활용방안

This article intends to contribute to the examination of recent developments, challenges and controversies concerning Compulsory License, with focus on the enhanced distribution of the COVID-19 vaccine and antiviral pill. The article recognizes that majority of the countries in the world introduce the Compulsory License in their Patent Acts, and WTO members have failed to reach a consensus on the issue of Waiver from certain Provisions of the TRIPs for the prevention, containment and treatment of COVID-19. This article subsequently shows that the initiative taken by WHO aims at lowering the price of vaccine and antiviral pill essentially requires active participation of patent holders. The article concludes that the article 5-2 of the regulation on the Patent Expropriation with regard to definition of ‘Appropriate Compensation’ should be revised, and the policy consideration such as pre-payment of R&D expenditure is required with a view to encouraging participation of the pharmaceutical companies to the Medicines Patent Pool. It also proposes that governmental assistance is needed to assure collaboration by the pharmaceutical companies to the COVID-19 Technology Access Pool, and the creation of social atmosphere and governmental assistance is also needed to secure pledge by the pharmaceutical companies not to enforce their Intellectual Property.