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Patent-and-publish regime

The Patent-and-publish regime is the current methodological trend in virtue of which legal rights to the invention, discovery, or creation in academic settings are regulated. The publication of design, innovation, or production that should be first patented and then findings of its practical use.

Patents on expensive medications are often used as examples that can highlight the inadequacy of patent-based mechanisms. One workaround solution that has been applied by South Africa in the past is passing explained domestic law that gives the state the right to import inexpensive generic versions without permission and wait for international regulations and incentive systems to get upgraded at a later point.

In 2020, multiple initiatives, including by India and South Africa, called for a waiver of TRIPS vaccine patents for accelerated deployment of COVID-19 vaccines around the world. However, no mechanisms of alternative medical research and development incentive-systems or technical details of proposed “sharing” after certain amounts of profit were reported and some argue that, instead of intellectual property rights, manufacturing know-how is the main barrier to expanding capacity.

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