scholarly journals Intellectual Property as a Legal Mechanism Accompanying the Fight against the Pandemic in the context of the Spread of Coronavirus Infection (COVID-19)

Lex Russica ◽  
2020 ◽  
pp. 134-147
Author(s):  
B. A. Shakhnazarov

The paper examines the legal problems of protection and use of intellectual property in the context of fighting the pandemic. It is noted that the recommendations proposed by the World Health Organization to identify, diagnose and isolate, as well as to provide assistance to patients with suspected coronavirus infection in a pandemic can be effectively implemented only with proper legal regulation of the protection of intellectual property rights to the relevant results of intellectual activity, stimulating relevant developments while maintaining a balance between private and public interests. The paper examines the modernization of Russian legislation in the sphere of relations under consideration. Of vital importance are developments related to medicines and medical devices in preventing and overcoming the consequences of the spread of infectious diseases; flexibility of the legislator and the need to implement special-simplified, accelerated-legal regimes for the introduction of medicines and medical devices into trade. The author summarizes regulations at the interface of the legislation on circulation of medicines and intellectual property law in Russia and abroad (USA, Germany), as well as at the supranational level (EAEC). In modern conditions, the possible rapid spread of viral infections and pandemic threats it is essential to establish the legal basis for the balance between the public interest and the interests of patent holders in national legislations, based on a harmonizing international treaty provisions. The authors considers the restriction of patent rights in the extreme urgency with the obligatory non-exclusive and temporary nature of the use of objects of patent rights by a third party based on such restrictions and the mandatory payment of a just compensation to patent holders together with accelerated and simplified mechanisms for registration and introduction into the turnover of the relevant medicines, including vaccines, be a justified and necessary tool to combat the pandemic and the best means of overcoming its consequences.

2020 ◽  
Vol 11 (3) ◽  
pp. 109-117
Author(s):  
Dmitry O. Ivanov ◽  
Tatyana M. Chernova ◽  
Elena B. Pavlova ◽  
Vladimir N. Timchenko ◽  
Elena V. Barakina

Coronavirus infection (CVI) is a group of acute ubiquitous infectious diseases known since the 60s 19 century. The clinical picture of CVI is characterized by damage to the respiratory system from mild forms of acute respiratory viral infection to the development of a severe acute respiratory syndrome, as well as involvement of other organs in the pathological process of the gastrointestinal tract. For a long time, coronaviruses were not given attention, since it was believed that they were able to cause only mild respiratory diseases. It is known that children and adolescents are less susceptible to infection than adults. In the etiological structure of acute respiratory viral infections among hospitalized children, coronaviruses account for 69%. The introduction of multiplex polymerase chain reaction (PCR) with the inclusion of coronaviruses in practice has shown their role in the occurrence of severe diseases of the lower respiratory tract. Since 2002, outbreaks of coronavirus infection caused by previously unknown pathogens (SARS-CoV, MERS-CoV, SARS-CoV-2) have been observed in the world. New coronaviruses have genetic features and are relatively highly resistant in the environment. The diseases they cause are distinguished by the predominance of severe forms with high mortality due to the development of acute respiratory distress syndrome and sepsis. In December 2019, an outbreak of pneumonia caused by the SARS-CoV-2 virus began in China; in February 2020, the disease was called COVID-2019. In connection with the trend towards the global spread of new infections March 11, 2020, the World Health Organization announced a pandemic. The lecture covers the issues of epidemiology, pathogenesis, clinic, diagnosis and treatment of coronavirus infection, taking into account the emergence of new pathogens.


2020 ◽  
Vol 64 (5) ◽  
pp. 230-235
Author(s):  
Valery I. Vechorko ◽  
Viktoriya A. Gorbacheva ◽  
Oxana A. Kostenko

February 11, 2020, World Health Organization (WHO) declared a pandemic of the new coronavirus and assigned the official name of the infection caused by the new coronavirus - COVID-19 («Coronavirus disease 2019»). On February 11, 2020, the International Committee on Virus Taxonomy gave the official name to the infectious agent as SARS-CoV-2. A new coronavirus infection caused by SARS-CoV-2 has become a challenge for the healthcare system as in Russia as over the world. The medical community has focused its efforts on fighting the pandemic. On March 20, 2020, there the O. M. Filatov Municipal clinical hospital was decided to be redesigned, and this general hospital, including maternity wards, became an infection hospital. One of the main reasons for redesigning was multidisciplinary medical care, including working with patients with a new coronavirus infection, the presence of a maternity home with boxes and own reanimation, the presence of a transition connecting for all three buildings, a large area, with ability to organize routes and placements additional temporary buildings. In the first place there were solved problems as a device of sanitary systems with the gateway, division to the «red» and «green» zones in all buildings of the clinics, development of detailed routing the patients including infectious requirements, navigation inside buildings and on hospital territories for the separation of medical personal, transport, the realization of a plan with the requirements, submitted by Federal Service for Oversight of Consumer Protection and Welfare to medical institutions, working with a new coronavirus infection, in terms of sanitary standards: disinfection of areas and surfaces and transport, creation inventory curative diagnostic (including reanimation) equipment, sufficient number of oxygen points, medicines, disinfection products and personal protective equipment. One of the scale tasks were about care for the health safety of medical personal. Changes to the work concerned various aspects: legal regulation, ethical problems, features practical work and education, interaction with all of them structural departments of the hospital. Within a week task, which put the Department of health of the city of Moscow, was resolved by management of hospital, and on March 27, 2020, the hospital accepted the first patients as an infectious disease hospital.


Lex Russica ◽  
2020 ◽  
pp. 105-114
Author(s):  
S. Yu. Kashkin ◽  
S. A. Tishchenko ◽  
A. V. Altukhov

Today, humanity has witnessed an extremely complex historical event. The head of the world health organization, Tedros Adhanom Ghebreyesus, stated that the spread of the new coronavirus was of a pandemic nature, which happened for the first time in several decades. "In the days and weeks ahead, we expect to see the number of cases, the number of deaths, and the number of affected countries climb even higher," the organization’s CEO said. Humanity has faced coronavirus infection that has developed into a rare and dangerous phenomenon — a pandemic. The latest threat that the entire planet is fighting against has given each country, without exception, special tasks to find and develop new methods to combat the spread of the virus and effective ways to treat it. New legal norms are necessary for the introduction of innovative technologies — creating conditions for the most effective use of the capabilities of artificial intelligence (AI) to combat the spread of COVID-19. World experience also shows us the need to use the latest technologies to defeat a new infection. This is the only way the fight can be effective. This paper broadly presents and classifies the world experience in the use of AI to combat coronavirus, as well as analyzes strategies for innovative legal regulation in the context of a pandemic. This is a valuable platform for constructive research of the identified problem in the field of law, and contributes to the creation of reliable legal conditions for the use of artificial intelligence technologies to resolve the situation with coronavirus infection.


Lex Russica ◽  
2020 ◽  
pp. 124-133 ◽  
Author(s):  
Kh. V. Idrisov

The paper is devoted to the legal analysis of the consequences of a new coronavirus infection, due to which the World Health Organization declared a pandemic. By its nature, this infectious phenomenon refers to a force majeure event. Within the framework of the scientific research, the author describes the concept of force majeure, as well as the features of emergency and unavoidability that make up this legal category. In addition, a number of regulatory legal acts regulating public relations in this area are subject to legal analysis, both adopted earlier and published literally from the very beginning of the spread of coronavirus infection throughout the territory of the Russian Federation. Along with the analysis of the regulatory legal acts, the paper also provides judicial practice on the issue under consideration. Based on the legal analysis of the issues under study, it is concluded that adequate legal regulation of the consequences of the coronavirus infection within the framework of relations between civil law subjects will guarantee the participants mutual bona fide behavior in accordance with the norms established by civil law, and in the case of unfair behavior — the implementation of civil liability measures for such subjects. In conclusion, it is noted that prompt and qualitative regulation of the consequences of the coronavirus infection is one of the key tasks in the legal field in the current situation, since contract law, which includes provisions on force majeure, plays an important role in the development and maintenance of stability of civil turnover, providing all its participants with legal guarantees for the implementation of the basic norms and rules established in the Civil Code of the Russian Federation concerning the conclusion and execution of contracts.


Author(s):  
Anupama M. Gudadappanavar ◽  
Jyoti Benni

AbstractA novel coronavirus infection coronavirus disease 2019 (COVID-19) emerged from Wuhan, Hubei Province of China, in December 2019 caused by SARS-CoV-2 is believed to be originated from bats in the local wet markets. Later, animal to human and human-to-human transmission of the virus began and resulting in widespread respiratory illness worldwide to around more than 180 countries. The World Health Organization declared this disease as a pandemic in March 2020. There is no clinically approved antiviral drug or vaccine available to be used against COVID-19. Nevertheless, few broad-spectrum antiviral drugs have been studied against COVID-19 in clinical trials with clinical recovery. In the current review, we summarize the morphology and pathogenesis of COVID-19 infection. A strong rational groundwork was made keeping the focus on current development of therapeutic agents and vaccines for SARS-CoV-2. Among the proposed therapeutic regimen, hydroxychloroquine, chloroquine, remdisevir, azithromycin, toclizumab and cromostat mesylate have shown promising results, and limited benefit was seen with lopinavir–ritonavir treatment in hospitalized adult patients with severe COVID-19. Early development of SARS-CoV-2 vaccine started based on the full-length genome analysis of severe acute respiratory syndrome coronavirus. Several subunit vaccines, peptides, nucleic acids, plant-derived, recombinant vaccines are under pipeline. This article concludes and highlights ongoing advances in drug repurposing, therapeutics and vaccines to counter COVID-19, which collectively could enable efforts to halt the pandemic virus infection.


Author(s):  
Eman Casper

AbstractThe World Health Organization declared coronavirus infection 2019 (COVID-19) as a pandemic in March 2020. The infection with coronavirus started in Wuhan city, China, in December 2019. As of October 2020, the disease was reported in 235 countries. The coronavirus infection 2019 (COVID-19) is a disease with high morbidity and mortality. As of February 2021, the number of confirmed cases of COVID-19 globally is 102,942,987 and 2,232,233 deaths according to WHO report. This infection is caused by severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2), which is a ribonucleic acid (RNA) β-coronavirus. The infection is mainly transmitted through respiratory droplets.Healthcare workers (HCWs) play an essential role at the front lines, providing care for patients infected with this highly transmittable disease. They are exposed to very high occupational health risk as they frequently contact the infective persons. In order to limit the number of infected cases and deaths among healthcare workers, it is crucial to have better awareness, optimistic attitude, efficient PPE, and adequate health practices about COVID-19.


2018 ◽  
Vol 4 (3) ◽  
pp. 210-226
Author(s):  
D. P. Fedulkin ◽  
V. G. Zinov

The article presents an overview of public policy measures in the field of identification, consolidation and inventory of rights to the results of intellectual activity with a high potential of industrial use. Proposals for the development of mechanisms of legal protection of individual intellectual property objects are substantiated. The instructive and methodical regulation of works on registration of results of scientific and technical activity under the state contracts is analyzed. Attention is paid to the complexity of the procedure of passing and agreeing the final results of their implementation. Methodological approaches to the improvement of identification and inventory of protectable results of intellectual activity obtained in the course of execution of state contracts as part of the organization’s activities in the field of innovation and technological development in order to implement the business strategy in the domestic and global markets are proposed.


Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.


2020 ◽  
Vol 5 (21) ◽  
pp. 240-247
Author(s):  
Ahmad Shamsul Abd Aziz ◽  
Nor Azlina Mohd Noor ◽  
Khadijah Mohamed

Coronavirus 2019 (COVID 19) was first reported in Wuhan, China in December 2019. The rapidly spreading coronavirus outbreak around the world had forced the World Health Organization (WHO) to declare COVID 19 as a pandemic on March 11, 2020. Crisis management for COVID 19 requires an integrated and realistic approach, and a focus on technology can assist matters to become more efficient. Although IR 4.0 technology is widely used in dealing with pandemic crises, the relevant laws relating to intellectual property laws, especially copyrights and patents with this technology must continue to be protected. This article discusses IR 4.0 technologies such as artificial intelligence (AI) and blockchain as applied in the era of pandemics and intellectual property protection associated with this technology. For this purpose, this article applies library research methodology by analyzing primary and secondary sources. This article concludes that IR 4.0 technology such as artificial intelligence and blockchain is seen as jewels in the era of pandemics because as with the use of this technology, human communication can be reduced. In addition, this technology can also reduce dependence on manpower. Improvements to intellectual property laws can be done in providing more protection against this IR 4.0 technology.


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