HUMAN INTELLECT PUT TO TEST: COVID-19

The declaration of coronavirus as a pandemic by World Health Organizations (WHO) on 11 th

March 2020 has captured the world’s attention. Coronavirus (COVID-19) is a new pressure on
the world that was discovered in 2019. Almost all countries are overwhelmed by the rate at
which COVID-19 is spreading within their territory; the pressure is hard given the lack of
medical facilities and equipment. WHO is committed to helping affected countries and as of
today they have shipped almost 1.5 million test kits to over 120 countries. Like many other
countries, Namibia has reported cases of COVID-19 and in response; the government has
declared a state of emergency in response to the outbreak of the virus. The government has put
up measures in place to make sure the novel virus is contained and its spread is mitigated, which
is a praiseworthy action.

There is no specific drug/vaccine available now for this deadly disease. The world is trembling;
almost every day a new case is reported around the globe, some countries have decided to close
off their borders and ban flights from affected countries as measures to mitigate the spread of the
virus. COVID-19 poses risk on the company’s workforce resulting in absenteeism due to illness,
loss of skilled workers, loss of customers and most importantly potential loss in profits.
Notwithstanding all measures and controls, some courses of action toward the possible drug/
vaccine should be initiated. Some questions of interest are; who will make the vaccine or drug
available? What are we doing back in our research centers and laboratories? Do we wait for the
drugs from the West? The situation is getting worse every day and we should acknowledge that
the human intellectual ability is put to test.

A human being is a perfect image of God and our ability is that of God creator, so we can create
(invent) the drug/vaccine for this virus and I am of the high conviction that crises of this kind can
bring out the best of us. From intellectual property (IP) perspective, the urgency of discovering
coronavirus potential drugs should not be propelled by the obsession of getting the solution to
the crises (coronavirus) alone, but also by the IP that will be gain upon a successful invention. IP
refers to properties created as a result of the human intellect. Patent as a form of IP is the most
relevant in this context; it is an exclusive rights conferred to an inventor for inventing a new
invention that can be a solution to a problem in the field of science and technology particularly a
solution to coronavirus. The inventor exploits the invention for a prescribed duration and the
logic behind IP is to reward the inventor for the work. Many can agree that work without
incentives is antithetical to human nature and if a human could be compensated the same for
doing something and doing nothing, they could probably do nothing almost every time. An
inventor may take out a patent for any drug/vaccine that may cure coronavirus and may exploit
the invention. It is high time we consider inventing the coronavirus drugs.

Researchers all over the world are working on developing a vaccine for coronavirus, they are
even working in competition with each other. Each team wants to be the first to develop a
vaccine so that they can secure a patent and get immensely rich. The national health emergency
as declared by the Head of State, on its own is a clear summon of our ability to solve the
calamity. Hence, it is time for local scientists, researchers, pharmaceutical companies and
biotechnology experts to team up with the government and conduct research and development
(R&D) with the main objective of developing a treatment for coronavirus. During the R&D, all
the available pharmaceutical patents (including those that are not yet in the public domain) can
be used without the permission of the rights holder for experiment to come up with a
drug/vaccine for the coronavirus.

It is more beneficial to do research and subsequently manufacture the drugs/vaccine within the
country compared to importing drugs because the drugs/vaccine can fast be made available to the
user or hospitals and probably at a much better price. Also if a drug/vaccine is developed through
collaboration herein described, the inventors including the government can jointly own the
Patent (a constitutionally recognized property, article 16 of act 1/1990) and share the benefits
thereof. Other countries may also seek to purchase a license of the patent which in turn
contributes to the national economy.

Making use of pharmaceutical drugs or products that are protected under patent law during this
difficult time should not be a concern at all because our laws made some exceptions. Namibia is
a member of the World Trade Organisation (WTO) and a signatory to the Doha Declaration on
Trade and Related Aspect of Intellectual Property rights (TRIPs) and Public health. The
agreement in Article 31 provides flexibility to access pharmaceutical drugs under patent during
National health emergencies. These flexibilities have been correctly adopted in our national laws.
Hence, during this period, where any drug (coronavirus vaccine) is developed and a patent is
secured in Namibia, the government can apply for a compulsory license as required by section 57
of Act 1/2012 (Industrial Property Act). In addition to a compulsory license, another option is the
exploitation of the patented invention by the Government or person authorized by the
Government to make use of the patents as required by section 63 of the same Act. Our laws
allow the grant of “compulsory licenses” to third parties or for government use, without the
authorization of the right holder. These options applied where a national emergency or
circumstance of extreme urgency has arisen, including a public health crisis, which requires the
use of the patented invention. This means that any patented invention may be used for a crisis
like this one, at a minimal amount of money, and the drugs/vaccine can easily be disseminated
for use.

From the IPR desk, while we remain calm and follow all guidelines as issued, as a country, we
have the option of researching and exploiting intellectual property rights in the development of a
vaccine for coronavirus. IP is what drives us to solutions, it is just a matter of testing our
capabilities and gaining trust in science as a nation and the global health crises can be over.

Human intellect put to test